Eligibility of the Republic of Poland To Export Poultry Products to the United States, 23194-23198 [2016-09185]
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(ii) Households in rental housing who
are billed by their landlords on the basis
of individual usage or who are charged
a flat rate separately from their rent.
However, households in public housing
units which have central utility meters
and which charge households only for
excess heating or cooling costs are not
entitled to a standard that includes
heating or cooling costs based only on
the charge for excess usage, unless the
State agency mandates the use of
standard utility allowances in
accordance with paragraph (d)(6)(iii)(E)
of this section; and
(iii) Households that receive a
payment or on behalf of which a
payment was made under the Low
Income Home Energy Assistance Act of
1981 (LIHEAA) or other similar energy
assistance program, if in the current
month or in the immediately preceding
12 months and such payment was
greater than $20 annually. Other similar
energy assistance programs are separate
home energy assistance programs
designed to provide heating or cooling
assistance through a payment received
by or made on behalf of low-income
households. A payment received by a
household or made on behalf of a
household under LIHEAA or other
similar energy assistance program must
be quantifiable in order to confer
eligibility for the heating and cooling
standard utility allowance. A
quantifiable payment is one that the
State agency quantifies, in dollars. The
State agency shall document the date
and receipt of a payment made under
LIHEAA or other similar energy
assistance program to ensure the
payment was received in the current
month or the immediately preceding 12
months and exceeds $20 annually. In
determining a household’s eligibility for
the HCSUA, State agencies shall not
consider anticipated receipt of a
payment to be an actual payment
received under the LIHEAA or other
similar energy assistance program.
However, for purposes of this subclause,
a State agency may consider a payment
under the LIHEAA or other similar
energy assistance program to be
received by the household or on behalf
of the household if the household is
scheduled to receive the payment in the
current month. In a case where a
payment is scheduled to be received in
the current month and the payment is
not actually made within that month,
the State agency is responsible for
determining whether an overissuance
has occurred and, if so, establishing a
claim against the household for any
benefits issued in error in accordance
with the requirements at 7 CFR 273.18.
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If a household that has received a
payment made under the LIHEAA or
other similar energy assistance program
or such a payment has been made on a
household’s behalf and the household
subsequently splits into two SNAP
households, the State agency must
determine which one household is
eligible for the heating and cooling
standard utility allowance as a result of
receiving that payment.
(2) A household that has both an
occupied home and an unoccupied
home is only entitled to one standard.
*
*
*
*
*
■ 3. In § 273.10, revise paragraph (d)(6)
to read as follows:
§ 273.10 Determining household eligibility
and benefit levels.
*
*
*
*
*
(d) * * *
(6) Energy Assistance Payments. The
State agency shall prorate energy
assistance payments as provided for in
§ 273.9(d) of this part over the entire
heating or cooling season the payment
is intended to cover.
*
*
*
*
*
Dated: April 12, 2016.
Kevin Concannon,
Under Secretary for Food, Nutrition, and
Consumer Services.
[FR Doc. 2016–09114 Filed 4–19–16; 8:45 am]
BILLING CODE 3410–30–P
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 381
[Docket No. FSIS–2015–0042]
RIN 0583–ZA11
Eligibility of the Republic of Poland To
Export Poultry Products to the United
States
Food Safety and Inspection
Service, USDA.
ACTION: Proposed rule.
AGENCY:
The Food Safety and
Inspection Service (FSIS) is proposing
to add the Republic of Poland (Poland)
to the list of countries in the regulations
eligible to export poultry products to the
United States. FSIS has reviewed
Poland’s poultry laws, regulations, and
inspection system as implemented and
has tentatively determined that they are
equivalent to the Poultry Products
Inspection Act (PPIA), the regulations
implementing this statute, and the U.S.
food safety system for poultry.
Should this rule become final,
slaughtered poultry, or parts or other
SUMMARY:
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products thereof, processed in certified
Polish establishments, would be eligible
for export to the United States.
Although Poland may be listed in FSIS’s
regulations as eligible to export poultry
products to the United States, the
products must also comply with all
other applicable requirements of the
United States, including those of
USDA’s Animal and Plant Health
Inspection Service (APHIS), before any
products can enter the United States.
All such products would be subject to
re-inspection at U.S. ports-of-entry by
FSIS inspectors.
DATES: Comments must be received on
or before June 20, 2016.
ADDRESSES: FSIS invites interested
persons to submit comments on this
proposed rule. Comments may be
submitted by one of the following
methods:
• Federal eRulemaking Portal: This
Web site provides the ability to type
short comments directly into the
comment field on this Web page or
attach a file for lengthier comments. Go
to https://www.regulations.gov. Follow
the online instructions at that site for
submitting comments.
• Mail, including CD–ROMs, etc.:
Send to Docket Clerk, U.S. Department
of Agriculture, Food Safety and
Inspection Service, Patriots Plaza 3,
1400 Independence Avenue SW.,
Mailstop 3782, Room 8–163A,
Washington, DC 20250–3700.
• Hand- or courier-delivered
submittals: Deliver to Patriots Plaza 3,
355 E Street SW., Room 8–163B,
Washington, DC 20250–3700.
Instructions: All items submitted by
mail or electronic mail must include the
Agency name and docket number FSIS–
2015–0042. Comments received in
response to this docket will be made
available for public inspection and
posted without change, including any
personal information, to https://
www.regulations.gov.
Docket: For access to background
documents or comments received, go to
the FSIS Docket Room at Patriots Plaza
3, 355 E Street SW., Room 8–164,
Washington, DC 20250–3700 between
8:00 a.m. and 4:30 p.m., Monday
through Friday.
FOR FURTHER INFORMATION CONTACT: Dr.
Daniel Engeljohn, Assistant
Administrator, Office of Policy and
Program Development; Telephone: (202)
205–0495.
SUPPLEMENTARY INFORMATION:
Background
FSIS is proposing to amend its
poultry products inspection regulations
to add Poland to the list of countries
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eligible to export poultry products to the
United States (9 CFR 381.196(b)).
Poland is not currently listed as eligible
to export such products to the United
States.
Statutory Basis for Proposed Action
Section 17 of the PPIA (21 U.S.C. 466)
prohibits importation into the United
States of slaughtered poultry, or parts or
products thereof, of any kind unless
they are healthful, wholesome, fit for
human food, not adulterated, and
contain no dye, chemical, preservative,
or ingredient that renders them
unhealthful, unwholesome, adulterated,
or unfit for human food. Under the PPIA
and the regulations that implement it,
poultry products imported into the
United States must be produced under
standards for safety, wholesomeness,
and labeling accuracy that are
equivalent to those of the United States.
Section 381.196 of Title 9 of the Code
of Federal Regulations (CFR) sets out the
procedures by which foreign countries
may become eligible to export poultry
and poultry products to the United
States.
Section 381.196(a) requires a foreign
country’s poultry inspection system to
include standards equivalent to those of
the United States and to provide legal
authority for the inspection system and
its implementing regulations that is
equivalent to that of the United States.
Specifically, a country’s legal authority
and regulations must impose
requirements equivalent to those of the
United States with respect to: (1) Antemortem and post-mortem inspection by,
or under the direct supervision of, a
veterinarian; (2) official controls by the
national government over establishment
construction, facilities, and equipment;
(3) direct and continuous official
supervision of slaughtering of poultry
and processing of poultry products by
inspectors to ensure that product is not
adulterated or misbranded; (4) complete
separation of establishments certified to
export from those not certified; (5)
maintenance of a single standard of
inspection and sanitation throughout
certified establishments; (6)
requirements for sanitation and for
sanitary handling of product at
establishments certified to export; (7)
official controls over condemned
product; (8) a Hazard Analysis and
Critical Control Point (HACCP) system;
and (9) any other requirements found in
the PPIA and its implementing
regulations (9 CFR 381.196(a)(2)(ii)).
The country’s inspection system must
also impose requirements equivalent to
those of the United States with respect
to: (1) Organizational structure and
staffing to ensure uniform enforcement
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of the requisite laws and regulations in
all certified establishments; (2) national
government control and supervision
over the official activities of employees
or licensees; (3) assignment of qualified
inspectors; (4) enforcement and
certification authority; (5)
administrative and technical support;
(6) inspection, sanitation, quality,
species verification, and residue
standards; and (7) any other inspection
requirements (9 CFR 381.196(a)(2)(i)).
The foreign country’s inspection
system must ensure that establishments
preparing poultry or poultry products
for export to the United States, and their
products, comply with requirements
equivalent to those of the PPIA and the
regulations promulgated by FSIS under
the authority of that statute. The foreign
country certifies the appropriate
establishments as having met the
required standards and advises FSIS of
those establishments that are certified or
removed from certification. Before FSIS
will grant approval to the country to
export poultry or poultry products to
the United States, FSIS must first
determine that reliance can be placed on
the certification of establishments by the
foreign country.
As indicated above, a foreign
country’s inspection system must be
evaluated by FSIS before eligibility to
export poultry products to the United
States can be granted. This evaluation
consists of two processes: A document
review and an on-site review. The
document review is an evaluation of the
laws, regulations, and other written
materials used by the country to effect
its inspection program. To help the
country in organizing its materials, FSIS
provides the country with a series of
questions asking for detailed
information about the country’s
inspection practices and procedures in
six areas or equivalence components: (1)
Government Oversight, (2) Statutory
Authority and Food Safety Regulations,
(3) Sanitation, (4) HACCP Systems, (5)
Chemical Residue Testing Programs,
and (6) Microbiological Testing
Programs. FSIS evaluates the
information submitted to verify that the
critical points in the six equivalence
components are addressed satisfactorily
with respect to standards, activities,
resources, and enforcement. If the
document review is satisfactory, an
onsite review is scheduled using a
multidisciplinary team to evaluate all
aspects of the country’s inspection
program. This comprehensive process is
described more fully on the FSIS Web
site at https://www.fsis.usda.gov/wps/
portal/fsis/topics/international-affairs/
importing-products/equivalence/
equivalence-process-overview.
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The PPIA and implementing
regulations require that foreign
countries determined by the
Administrator to have acceptable
inspection systems be listed in the
regulations as eligible to export poultry
products to the United States. FSIS must
engage in rulemaking to list a country as
eligible. Countries found eligible to
export poultry or poultry products to
the United States are listed in the
poultry inspection regulations at 9 CFR
381.196(b). Once listed, the government
of an eligible country must certify to
FSIS that establishments that wish to
export poultry products to the United
States are operating under requirements
equivalent to those of the United States
(9 CFR 381.196(a)(3)). Countries must
renew certifications of establishments
annually (9 CFR 381.196(a)(3)). To
verify that products imported into the
United States are not adulterated or
misbranded, FSIS re-inspects and
randomly samples those products at
ports-of-entry before they enter U.S.
commerce.
Evaluation of the Polish Poultry
Inspection System
In 2004, the government of Poland
requested approval to export raw, readyto-eat (RTE), and canned poultry to the
United States. Poland stated that, if
approved, its immediate intent was to
export chicken, turkey, and goose meat
to the United States. FSIS conducted a
document review of Poland’s poultry
(slaughter and processing) inspection
system to determine whether that
system was equivalent to the United
States poultry inspection system. FSIS
concluded, on the basis of that review,
that Poland’s laws, regulations, control
programs, and procedures were
sufficient to achieve the level of public
health protection required by FSIS.
Accordingly, FSIS proceeded with an
on-site audit of Poland’s poultry
inspection system from May 10 to June
1, 2011, to verify whether Poland’s
General Veterinary Inspectorate (GVI),
which is Poland’s central competent
authority (CCA) in charge of food
inspection, has effectively implemented
a poultry inspection system equivalent
to that of the United States. FSIS
reviewed two processing and one cold
storage establishment intending to
export to the United States. From the
on-site audit, FSIS concluded that
Poland’s poultry inspection system did
not meet the Government Oversight,
Sanitation, HACCP Systems, and
Microbiological Testing Programs
equivalence components. For example,
FSIS found that there was inconsistency
in the enforcement of corrective action
requirements in response to non-
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compliances. In addition, FSIS found
that the CCA was lacking current policy
or regulations that specifically require
establishments to develop and
implement written Sanitation Standard
Operating Procedures and HACCP plans
as conditions for gaining certification
for export of poultry products to the
United States. FSIS also found that the
GVI did not possess evidence of staff
participation in training, did not
maintain tracked records of training at
all levels of the CCA, and that the GVI
did not have a mechanism to assess the
effectiveness of the training programs.
In addition, FSIS was not able to audit
the poultry slaughter inspection in
operation because the GVI withdrew the
poultry slaughter establishment
scheduled for the FSIS audit. FSIS’s
report discussing the findings of the
2011 on-site audit and the initial
corrective actions proffered by GVI is
available at the following web address:
https://www.fsis.usda.gov/wps/wcm/
connect/18fc607d-9511-4cc8-8e4cbc9f6b90cb0c/Poland_Poultry_2011_
FAR.pdf?MOD=AJPERES.
Following the 2011 on-site audit,
Poland addressed the FSIS audit
findings through corrective action plans
presented to FSIS on September 5, 2012,
October 11, 2012, and March 20, 2013.
FSIS evaluated the corrective action
plans and, based on the information
Poland submitted, determined that
Poland had addressed FSIS’s findings.
In July 2014, FSIS conducted a
follow-up initial equivalence on-site
audit. During the follow-up audit, the
FSIS auditor reviewed the inspection
operations at two chicken slaughter and
three chicken processing establishments
intending to export raw, ready-to-eat
(RTE), and thermally processed
commercially sterile (canned) products
to the United States. Based on the
results of the follow-up audit, FSIS
concluded that Poland had satisfactorily
addressed all initial audit findings and
was able to meet FSIS requirements and
equivalence criteria related to all six
components. The final audit report on
Poland’s poultry inspection system
(slaughter and processing) can be found
on the FSIS Web site at: https://
www.fsis.usda.gov/wps/wcm/connect/
33c2d71a-6d5c-4224-b64dfd7725b8282f/Poland-FAR-20112014.pdf?MOD=AJPERES.
In summary, FSIS has completed the
document review, on-site audits, and
verification of corrective actions as part
of the equivalence process, and all
outstanding issues have been resolved.
FSIS has tentatively determined that, as
implemented, Poland’s poultry
inspection system (slaughter and
processing) is equivalent to the United
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States poultry inspection system
pending issuance of a final rule.
Following the FSIS audit of Poland’s
poultry inspection system, on August
21, 2014, FSIS published a final rule to
modernize poultry slaughter inspection
(79 FR 49566). The rule implemented
new U.S. regulatory requirements
including (1) the New Poultry
Inspection System (NPIS), an optional
post-mortem inspection system, and (2)
regulatory changes that apply to all
poultry slaughter establishments. FSIS
expects Poland to submit sufficient
evidence to demonstrate how the Polish
poultry inspection system achieves an
equivalent outcome to the revised U.S.
regulations. Before issuing a final rule to
add Poland to the list of equivalent
countries, and before any product is
shipped to the United States, FSIS must
verify whether the Polish poultry
inspection system is equivalent with the
new U.S. regulatory requirements in the
August 21, 2014 final rule.
Should this rule become final, Poland
will be eligible to export raw, RTE, and
thermally processed commercially
sterile (canned) poultry products to the
United States. The government of
Poland must certify to FSIS those
establishments that wish to export
poultry products to the United States
are operating in accordance with
requirements equivalent to those of the
United States. FSIS will verify that the
establishments certified by Poland’s
government meet the U.S. requirements
through periodic and regularly
scheduled audits of Poland’s poultry
inspection system.
Although a foreign country may be
listed in FSIS regulations as eligible to
export poultry to the United States, the
exporting country’s products must also
comply with all other applicable
requirements of the United States. These
requirements include restrictions under
9 CFR part 94 of the United States
Department of Agriculture’s Animal and
Plant Health Inspection Service (APHIS)
regulations, which also regulate the
importation of poultry products from
foreign countries into the United States.
APHIS has recognized Poland as part of
the EU Poultry Trade Region and
considers them not affected with either
HPAI or Newcastle disease. There are
specific certification statements
required for poultry product imports to
address the animal health issues, and
these are defined under 9 CFR 94.28.
Any poultry product imports from
Poland would be required to meet these
requirements.
If this proposed rule is adopted, all
slaughtered poultry, or parts and
products thereof, exported to the United
States from Poland will be subject to re-
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inspection at the U.S. ports-of-entry for,
but not limited to, transportation
damage, product and container defects,
labeling, proper certification, general
condition, and accurate count. In
addition, FSIS will conduct other types
of re-inspection activities, such as
incubation of canned products to ensure
product safety and taking product
samples for laboratory analysis for the
detection of drug and chemical residues,
pathogens, species, and product
composition. Products that pass reinspection will be stamped with the
official U.S. mark of inspection and
allowed to enter U.S. commerce. If they
do not meet U.S. requirements, they will
be refused entry and within 45 days
must be exported to the country of
origin, destroyed, or converted to
animal food (subject to approval of the
U.S. Food and Drug Administration
(FDA)), depending on the violation. The
import re-inspection activities can be
found on the FSIS Web site at: https://
www.fsis.usda.gov/wps/portal/fsis/
topics/international-affairs/importingproducts/port-of-ventry-procedures/fsisimport-reinspection.
FSIS has found Poland eligible to
export all poultry and poultry products
to the United States. Currently, Poland
has elected to only certify chicken
establishments for export to the United
States. In order to export turkey or goose
product, Poland will need to notify FSIS
and certify any new establishments.
FSIS will review information provided
by Poland and may decide to audit
based on additional product. Poland
would not be allowed to export
additional products to the United States
until FSIS determines that the country’s
requirements and inspection program
for the products are equivalent to FSIS’s
system.
Executive Orders 12866 and 13563, and
the Regulatory Flexibility Act
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This
proposed rule has been designated a
‘‘non-significant’’ regulatory action
under section 3(f) of Executive Order
(E.O.) 12866. Accordingly, the rule has
not been reviewed by the Office of
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Management and Budget (OMB) under
E.O. 12866.
Expected Cost of the Proposed Rule
Poland intends to certify seven
establishments that would export
chicken to the United States. Within the
European Union (EU), Poland is a major
poultry producer. According to a 2014
report, the EU listed Poland as the top
poultry producer.1 Over the past 10
years, Poland has doubled its poultry
production (2.2 million metric tons in
2014). Poland’s poultry production
consists of 81% chicken broilers, 14%
turkey broilers, and 5% other poultry
broilers such as duck and geese.
Poland’s poultry production uses mostly
locally produced grain.2 Lower feed
costs and continuing export demand has
helped Poland double its poultry
exports within the last five years (741
thousand metric tons in 2014.).3
Currently, Poland’s primary export
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markets are Germany, the United
Kingdom, and France.
Poland exports chicken, turkey, duck
and geese products to other countries.
Table 1 provides unit values for
Poland’s poultry product exports and
shows Poland’s price competitiveness in
the poultry export market. Poland is
price competitive for most poultry
products that the United States imports
from other countries, primarily Canada
and Chile.
TABLE 1—POLAND EXPORT POULTRY PRODUCTS PRICE COMPETITIVENESS
Poland export unit price
U.S.$/MT
U.S. Import price
U.S.$/MT
Commodity description
2014
Meat & Edible Offal Of Poultry, Fresh, Chill Or Frozen ..................................
Chicken Cuts And Edible Offal (Including Livers), Frozen ..............................
Turkey Cuts And Edible Offal (Including Liver) Frozen ...................................
Chicken Cuts & Edible Offal (Including Liver) Fresh/Chilled ...........................
Meat & Offal Of Chickens, Not Cut Fresh Or Chilled .....................................
Cuts And Offal Of Ducks, Frozen ....................................................................
Turkey Cuts & Edible Offal (Including Liver) Fresh/Chilled .............................
Meat Of Ducks, Frozen, Not Cut In Pieces .....................................................
Meat & Offal Of Chickens, Not Cut In Pieces, Frozen ....................................
Cuts And Offal Of Ducks, Excluding Livers, Fresh/Chilled .............................
Turkeys, Not Cut In Pieces, Fresh Or Chilled .................................................
Fatty Livers Of Ducks, Fresh Or Chilled .........................................................
Turkeys, Not Cut In Pieces, Frozen ................................................................
Meat, Offal Of Guinea Fowls, Fresh, Chilled Frozen ......................................
Meat Of Ducks, Fresh Or Chilled, Not Cut In Pieces .....................................
3-Year
average
$2,713
1,892
2,744
3,184
1,979
2,924
4,500
2,870
1,818
5,057
3,217
20,324
3,187
2,154
3,278
$2,701
1,885
2,616
3,144
1,992
2,677
4,326
3,041
1,870
5,480
3,154
8,493
3,159
2,039
2,908
2014
$3,207
3,021
3,015
4,331
3,588
3,834
2,897
4,277
4,133
13,628
3,820
54,021
2,123
2,270
9,715
3-Year
average
$3,188
3,022
2,475
4,158
3,511
4,320
4,729
4,185
4,483
12,764
4,015
54,157
4,052
2,495
7,411
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Source: U.S. Department of Commerce, and Global Trade Atlas at https://www.gtis.com/gta/secure/gateway.cfm.
Both the low cost of poultry
production and low export unit price
are why the United States is a top
poultry exporter.
In total, poultry imports account for
only 0.3% of the U.S. poultry supply.4
In 2014, the United States produced
17.3 million Metric Tons (MT) of
poultry, exported 3.3 million MT of
poultry, consumed 14 million MT of
poultry, and imported only 0.053
million MT of poultry.5 U.S. poultry
imports have remained relatively
unchanged in recent years,6 and there is
no reason to believe the amount will
change substantially in the future. For
Poland to export poultry to the United
States, it must be export-eligible, exportcapable, and price-competitive. After
comparing Poland’s price
competitiveness with the United States,
Chile, and Canada, FSIS estimates that
the maximum potential Polish poultry
products exports to the United States is
expected to be between 29,500 MT and
44,300 MT. This means that the total
U.S. poultry supply will increase only
1 https://ec.europa.eu/agriculture/poultry/index_
en.htm Accessed: September 18, 2015.
2 Correspondence with the Foreign Agricultural
Service (FAS), USDA, May 2015.
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between 0.15% and 0.22% due to
Poland’s projected export volume to the
United States, leaving the total U.S.
poultry supply almost unchanged. Thus,
Poland’s projected poultry export
volume to the United States would only
minimally change U.S. poultry prices,
not enough to alter the U.S. poultry
market. Currently, however, Poland
only intends to certify as eligible seven
establishments to export raw, RTE, and
thermally processed commercially
sterile (canned) chicken products to the
United States. The total processing
capacity of these seven establishments
is less than Poland’s total poultry export
capacity. With minimal price change
expected in the U.S. poultry markets,
adopting this proposed rule would not
have a negative effect on U.S.
consumers.
Companies that export products from
Poland to the United States will incur
the standard costs associated with
exporting products to the United States,
such as export fees and freight or
insurance costs. They will be willing to
bear these costs, however, because of
the anticipated financial benefits
associated with marketing their
products in the United States.
Expected Benefits of the Proposed Rule
Adoption of this proposed rule will
increase trade between the United States
and Poland. The volume of trade
stimulated by the proposed rule is likely
to be small and is expected to have little
or no effect on U.S. poultry supplies or
poultry prices. U.S. consumers,
however, are expected to enjoy more
choices when purchasing poultry
products. The proposed rule would,
therefore, expand choices for U.S.
consumers and promote economic
competition.
Effect on Small Entities
The FSIS Administrator has made a
preliminary determination that this
proposed rule will not have a significant
impact on a substantial number of small
entities, as defined by the Regulatory
Flexibility Act (5 U.S.C. 601). The
expected trade volume will be small,
3 Ibid.
5 Ibid.
4 USDA,
6 Ibid
Foreign Agricultural Service, https://
apps.fas.usda.gov/psdonline/psdQuery.aspx.
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
E:\FR\FM\20APP1.SGM
20APP1
23198
Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Proposed Rules
with little or no effect on U.S.
establishments, regardless of size.
Executive Order 12988
This proposed rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. Under this rule: (1) All
State and local laws and regulations that
are inconsistent with this rule will be
preempted; (2) no retroactive effect will
be given to this rule; and (3) no
administrative proceedings will be
required before parties may file suit in
court challenging this rule.
Paperwork Reduction Act
No new paperwork requirements are
associated with this proposed rule.
Foreign countries wanting to export
poultry and poultry products to the
United States are required to provide
information to FSIS certifying that their
inspection systems provide standards
equivalent to those of the United States,
and that the legal authority for the
system and their implementing
regulations are equivalent to those of the
United States. FSIS provided Poland
with questionnaires asking for detailed
information about the country’s
inspection practices and procedures to
assist that country in organizing its
materials. This information collection
was approved under OMB control
number 0583–0094. The proposed rule
contains no other paperwork
requirements.
Lhorne on DSK5TPTVN1PROD with PROPOSALS
E-Government Act
FSIS and USDA are committed to
achieving the purposes of the EGovernment Act (44 U.S.C. 3601, et
seq.) by, among other things, promoting
the use of the Internet and other
information technologies and providing
increased opportunities for citizen
access to Government information and
services, and for other purposes.
Additional Public Notification
FSIS will officially notify the World
Trade Organization’s Committee on
Sanitary and Phytosanitary Measures
(WTO/SPS Committee) in Geneva,
Switzerland, of this proposal and will
announce it on-line through the FSIS
Web page located at: https://
www.fsis.usda.gov/wps/portal/fsis/
topics/vregulations/federal-register/
proposed-rules. FSIS also will make
copies of this Federal Register
publication available through the FSIS
Constituent Update, which is used to
provide information regarding FSIS
policies, procedures, regulations,
Federal Register notices, FSIS public
meetings, and other types of information
that could affect or would be of interest
to our constituents and stakeholders.
VerDate Sep<11>2014
14:51 Apr 19, 2016
Jkt 238001
The Update is available on the FSIS
Web page. Through the Web page, FSIS
is able to provide information to a much
broader, more diverse audience. In
addition, FSIS offers an email
subscription service which provides
automatic and customized access to
selected food safety news and
information. This service is available at:
https://www.fsis.usda.gov/subscribe.
Options range from recalls to export
information, regulations, directives, and
notices. Customers can add or delete
subscriptions themselves, and have the
option to password protect their
accounts.
§ 381.196
USDA Non-Discrimination Statement
No agency, officer, or employee of the
USDA shall, on the grounds of race,
color, national origin, religion, sex,
gender identity, sexual orientation,
disability, age, marital status, family/
parental status, income derived from a
public assistance program, or political
beliefs, exclude from participation in,
deny the benefits of, or subject to
discrimination any person in the United
States under any program or activity
conducted by the USDA.
[Docket Number EERE–2016–BT–STD–
0004]
How To File a Complaint of
Discrimination
To file a complaint of discrimination,
complete the USDA Program
Discrimination Complaint Form, which
may be accessed online at https://
www.ocio.usda.gov/sites/default/files/
docs/2012/
Complain_combined_6_8_12.pdf, or
write a letter signed by you or your
authorized representative.
Send your completed complaint form
or letter to USDA by mail, fax, or email:
Mail: U.S. Department of Agriculture,
Director, Office of Adjudication, 1400
Independence Avenue SW.,
Washington, DC 20250–9410.
Fax: (202) 690–7442.
Email: program.intake@usda.gov.
Persons with disabilities who require
alternative means for communication
(Braille, large print, audiotape, etc.),
should contact USDA’s TARGET Center
at (202) 720–2600 (voice and TDD).
List of Subjects in 9 CFR Part 381
Imported products.
For the reasons set out in the
preamble, FSIS is proposing to amend 9
CFR part 381 as follows:
PART 381—POULTRY PRODUCTS
INSPECTION REGULATIONS
1. The authority citation for part 381
continues to read as follows:
■
Authority: 7 U.S.C. 138f, 450; 21 U.S.C.
451–470; 7 CFR 2.7, 2.18, 2.53.
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
[Amended]
2. Amend § 381.196(b) by adding
‘‘Poland’’ in alphabetical order to the
list of countries.
■
Done at Washington, DC, on: April 15,
2016.
Alfred V. Almanza,
Acting Administrator.
[FR Doc. 2016–09185 Filed 4–19–16; 8:45 am]
BILLING CODE 3410–DM–P
DEPARTMENT OF ENERGY
10 CFR Part 430
RIN 1904–AD61
Appliance Standards and Rulemaking
Federal Advisory Committee: Notice of
Open Meetings for the Circulator
Pumps Working Group To Negotiate a
Notice of Proposed Rulemaking
(NOPR) for Energy Conservation
Standards and Test Procedures
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of public meetings.
AGENCY:
The Department of Energy
(DOE) announces public meetings and
webinars for the Circulator Pumps
Working Group. The Federal Advisory
Committee Act requires that agencies
publish notice of an advisory committee
meeting in the Federal Register.
DATES: See SUPPLEMENTARY INFORMATION
section for meeting dates.
ADDRESSES: The meetings will be held at
U.S. Department of Energy, Building
Technologies Office, 950 L’Enfant Plaza,
6th Floor SW., Washington, DC, unless
otherwise stated in the SUPPLEMENTARY
INFORMATION section. Individuals will
also have the opportunity to participate
by webinar. To register for the webinars
and receive call-in information, please
register at DOE’s Web site: https://
www1.eere.energy.gov/buildings/
appliance_standards/
standards.aspx?productid=41&action=
viewlive.
FOR FURTHER INFORMATION CONTACT: Mr.
Joe Hagerman, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies, EE–5B, 1000
Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–4549. Email:
asrac@ee.doe.gov.
Ms. Johanna Jochum, U.S. Department
of Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue
SUMMARY:
E:\FR\FM\20APP1.SGM
20APP1
]]>Agencies
[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)]
[Proposed Rules]
[Pages 23194-23198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09185]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 381
[Docket No. FSIS-2015-0042]
RIN 0583-ZA11
Eligibility of the Republic of Poland To Export Poultry Products
to the United States
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Food Safety and Inspection Service (FSIS) is proposing to
add the Republic of Poland (Poland) to the list of countries in the
regulations eligible to export poultry products to the United States.
FSIS has reviewed Poland's poultry laws, regulations, and inspection
system as implemented and has tentatively determined that they are
equivalent to the Poultry Products Inspection Act (PPIA), the
regulations implementing this statute, and the U.S. food safety system
for poultry.
Should this rule become final, slaughtered poultry, or parts or
other products thereof, processed in certified Polish establishments,
would be eligible for export to the United States. Although Poland may
be listed in FSIS's regulations as eligible to export poultry products
to the United States, the products must also comply with all other
applicable requirements of the United States, including those of USDA's
Animal and Plant Health Inspection Service (APHIS), before any products
can enter the United States. All such products would be subject to re-
inspection at U.S. ports-of-entry by FSIS inspectors.
DATES: Comments must be received on or before June 20, 2016.
ADDRESSES: FSIS invites interested persons to submit comments on this
proposed rule. Comments may be submitted by one of the following
methods:
Federal eRulemaking Portal: This Web site provides the
ability to type short comments directly into the comment field on this
Web page or attach a file for lengthier comments. Go to https://www.regulations.gov. Follow the online instructions at that site for
submitting comments.
Mail, including CD-ROMs, etc.: Send to Docket Clerk, U.S.
Department of Agriculture, Food Safety and Inspection Service, Patriots
Plaza 3, 1400 Independence Avenue SW., Mailstop 3782, Room 8-163A,
Washington, DC 20250-3700.
Hand- or courier-delivered submittals: Deliver to Patriots
Plaza 3, 355 E Street SW., Room 8-163B, Washington, DC 20250-3700.
Instructions: All items submitted by mail or electronic mail must
include the Agency name and docket number FSIS-2015-0042. Comments
received in response to this docket will be made available for public
inspection and posted without change, including any personal
information, to https://www.regulations.gov.
Docket: For access to background documents or comments received, go
to the FSIS Docket Room at Patriots Plaza 3, 355 E Street SW., Room 8-
164, Washington, DC 20250-3700 between 8:00 a.m. and 4:30 p.m., Monday
through Friday.
FOR FURTHER INFORMATION CONTACT: Dr. Daniel Engeljohn, Assistant
Administrator, Office of Policy and Program Development; Telephone:
(202) 205-0495.
SUPPLEMENTARY INFORMATION:
Background
FSIS is proposing to amend its poultry products inspection
regulations to add Poland to the list of countries
[[Page 23195]]
eligible to export poultry products to the United States (9 CFR
381.196(b)). Poland is not currently listed as eligible to export such
products to the United States.
Statutory Basis for Proposed Action
Section 17 of the PPIA (21 U.S.C. 466) prohibits importation into
the United States of slaughtered poultry, or parts or products thereof,
of any kind unless they are healthful, wholesome, fit for human food,
not adulterated, and contain no dye, chemical, preservative, or
ingredient that renders them unhealthful, unwholesome, adulterated, or
unfit for human food. Under the PPIA and the regulations that implement
it, poultry products imported into the United States must be produced
under standards for safety, wholesomeness, and labeling accuracy that
are equivalent to those of the United States. Section 381.196 of Title
9 of the Code of Federal Regulations (CFR) sets out the procedures by
which foreign countries may become eligible to export poultry and
poultry products to the United States.
Section 381.196(a) requires a foreign country's poultry inspection
system to include standards equivalent to those of the United States
and to provide legal authority for the inspection system and its
implementing regulations that is equivalent to that of the United
States. Specifically, a country's legal authority and regulations must
impose requirements equivalent to those of the United States with
respect to: (1) Ante-mortem and post-mortem inspection by, or under the
direct supervision of, a veterinarian; (2) official controls by the
national government over establishment construction, facilities, and
equipment; (3) direct and continuous official supervision of
slaughtering of poultry and processing of poultry products by
inspectors to ensure that product is not adulterated or misbranded; (4)
complete separation of establishments certified to export from those
not certified; (5) maintenance of a single standard of inspection and
sanitation throughout certified establishments; (6) requirements for
sanitation and for sanitary handling of product at establishments
certified to export; (7) official controls over condemned product; (8)
a Hazard Analysis and Critical Control Point (HACCP) system; and (9)
any other requirements found in the PPIA and its implementing
regulations (9 CFR 381.196(a)(2)(ii)).
The country's inspection system must also impose requirements
equivalent to those of the United States with respect to: (1)
Organizational structure and staffing to ensure uniform enforcement of
the requisite laws and regulations in all certified establishments; (2)
national government control and supervision over the official
activities of employees or licensees; (3) assignment of qualified
inspectors; (4) enforcement and certification authority; (5)
administrative and technical support; (6) inspection, sanitation,
quality, species verification, and residue standards; and (7) any other
inspection requirements (9 CFR 381.196(a)(2)(i)).
The foreign country's inspection system must ensure that
establishments preparing poultry or poultry products for export to the
United States, and their products, comply with requirements equivalent
to those of the PPIA and the regulations promulgated by FSIS under the
authority of that statute. The foreign country certifies the
appropriate establishments as having met the required standards and
advises FSIS of those establishments that are certified or removed from
certification. Before FSIS will grant approval to the country to export
poultry or poultry products to the United States, FSIS must first
determine that reliance can be placed on the certification of
establishments by the foreign country.
As indicated above, a foreign country's inspection system must be
evaluated by FSIS before eligibility to export poultry products to the
United States can be granted. This evaluation consists of two
processes: A document review and an on-site review. The document review
is an evaluation of the laws, regulations, and other written materials
used by the country to effect its inspection program. To help the
country in organizing its materials, FSIS provides the country with a
series of questions asking for detailed information about the country's
inspection practices and procedures in six areas or equivalence
components: (1) Government Oversight, (2) Statutory Authority and Food
Safety Regulations, (3) Sanitation, (4) HACCP Systems, (5) Chemical
Residue Testing Programs, and (6) Microbiological Testing Programs.
FSIS evaluates the information submitted to verify that the critical
points in the six equivalence components are addressed satisfactorily
with respect to standards, activities, resources, and enforcement. If
the document review is satisfactory, an onsite review is scheduled
using a multidisciplinary team to evaluate all aspects of the country's
inspection program. This comprehensive process is described more fully
on the FSIS Web site at https://www.fsis.usda.gov/wps/portal/fsis/topics/international-affairs/importing-products/equivalence/equivalence-process-overview.
The PPIA and implementing regulations require that foreign
countries determined by the Administrator to have acceptable inspection
systems be listed in the regulations as eligible to export poultry
products to the United States. FSIS must engage in rulemaking to list a
country as eligible. Countries found eligible to export poultry or
poultry products to the United States are listed in the poultry
inspection regulations at 9 CFR 381.196(b). Once listed, the government
of an eligible country must certify to FSIS that establishments that
wish to export poultry products to the United States are operating
under requirements equivalent to those of the United States (9 CFR
381.196(a)(3)). Countries must renew certifications of establishments
annually (9 CFR 381.196(a)(3)). To verify that products imported into
the United States are not adulterated or misbranded, FSIS re-inspects
and randomly samples those products at ports-of-entry before they enter
U.S. commerce.
Evaluation of the Polish Poultry Inspection System
In 2004, the government of Poland requested approval to export raw,
ready-to-eat (RTE), and canned poultry to the United States. Poland
stated that, if approved, its immediate intent was to export chicken,
turkey, and goose meat to the United States. FSIS conducted a document
review of Poland's poultry (slaughter and processing) inspection system
to determine whether that system was equivalent to the United States
poultry inspection system. FSIS concluded, on the basis of that review,
that Poland's laws, regulations, control programs, and procedures were
sufficient to achieve the level of public health protection required by
FSIS.
Accordingly, FSIS proceeded with an on-site audit of Poland's
poultry inspection system from May 10 to June 1, 2011, to verify
whether Poland's General Veterinary Inspectorate (GVI), which is
Poland's central competent authority (CCA) in charge of food
inspection, has effectively implemented a poultry inspection system
equivalent to that of the United States. FSIS reviewed two processing
and one cold storage establishment intending to export to the United
States. From the on-site audit, FSIS concluded that Poland's poultry
inspection system did not meet the Government Oversight, Sanitation,
HACCP Systems, and Microbiological Testing Programs equivalence
components. For example, FSIS found that there was inconsistency in the
enforcement of corrective action requirements in response to non-
[[Page 23196]]
compliances. In addition, FSIS found that the CCA was lacking current
policy or regulations that specifically require establishments to
develop and implement written Sanitation Standard Operating Procedures
and HACCP plans as conditions for gaining certification for export of
poultry products to the United States. FSIS also found that the GVI did
not possess evidence of staff participation in training, did not
maintain tracked records of training at all levels of the CCA, and that
the GVI did not have a mechanism to assess the effectiveness of the
training programs.
In addition, FSIS was not able to audit the poultry slaughter
inspection in operation because the GVI withdrew the poultry slaughter
establishment scheduled for the FSIS audit. FSIS's report discussing
the findings of the 2011 on-site audit and the initial corrective
actions proffered by GVI is available at the following web address:
https://www.fsis.usda.gov/wps/wcm/connect/18fc607d-9511-4cc8-8e4c-bc9f6b90cb0c/Poland_Poultry_2011_FAR.pdf?MOD=AJPERES.
Following the 2011 on-site audit, Poland addressed the FSIS audit
findings through corrective action plans presented to FSIS on September
5, 2012, October 11, 2012, and March 20, 2013. FSIS evaluated the
corrective action plans and, based on the information Poland submitted,
determined that Poland had addressed FSIS's findings.
In July 2014, FSIS conducted a follow-up initial equivalence on-
site audit. During the follow-up audit, the FSIS auditor reviewed the
inspection operations at two chicken slaughter and three chicken
processing establishments intending to export raw, ready-to-eat (RTE),
and thermally processed commercially sterile (canned) products to the
United States. Based on the results of the follow-up audit, FSIS
concluded that Poland had satisfactorily addressed all initial audit
findings and was able to meet FSIS requirements and equivalence
criteria related to all six components. The final audit report on
Poland's poultry inspection system (slaughter and processing) can be
found on the FSIS Web site at: https://www.fsis.usda.gov/wps/wcm/connect/33c2d71a-6d5c-4224-b64d-fd7725b8282f/Poland-FAR-2011-2014.pdf?MOD=AJPERES.
In summary, FSIS has completed the document review, on-site audits,
and verification of corrective actions as part of the equivalence
process, and all outstanding issues have been resolved. FSIS has
tentatively determined that, as implemented, Poland's poultry
inspection system (slaughter and processing) is equivalent to the
United States poultry inspection system pending issuance of a final
rule.
Following the FSIS audit of Poland's poultry inspection system, on
August 21, 2014, FSIS published a final rule to modernize poultry
slaughter inspection (79 FR 49566). The rule implemented new U.S.
regulatory requirements including (1) the New Poultry Inspection System
(NPIS), an optional post-mortem inspection system, and (2) regulatory
changes that apply to all poultry slaughter establishments. FSIS
expects Poland to submit sufficient evidence to demonstrate how the
Polish poultry inspection system achieves an equivalent outcome to the
revised U.S. regulations. Before issuing a final rule to add Poland to
the list of equivalent countries, and before any product is shipped to
the United States, FSIS must verify whether the Polish poultry
inspection system is equivalent with the new U.S. regulatory
requirements in the August 21, 2014 final rule.
Should this rule become final, Poland will be eligible to export
raw, RTE, and thermally processed commercially sterile (canned) poultry
products to the United States. The government of Poland must certify to
FSIS those establishments that wish to export poultry products to the
United States are operating in accordance with requirements equivalent
to those of the United States. FSIS will verify that the establishments
certified by Poland's government meet the U.S. requirements through
periodic and regularly scheduled audits of Poland's poultry inspection
system.
Although a foreign country may be listed in FSIS regulations as
eligible to export poultry to the United States, the exporting
country's products must also comply with all other applicable
requirements of the United States. These requirements include
restrictions under 9 CFR part 94 of the United States Department of
Agriculture's Animal and Plant Health Inspection Service (APHIS)
regulations, which also regulate the importation of poultry products
from foreign countries into the United States. APHIS has recognized
Poland as part of the EU Poultry Trade Region and considers them not
affected with either HPAI or Newcastle disease. There are specific
certification statements required for poultry product imports to
address the animal health issues, and these are defined under 9 CFR
94.28. Any poultry product imports from Poland would be required to
meet these requirements.
If this proposed rule is adopted, all slaughtered poultry, or parts
and products thereof, exported to the United States from Poland will be
subject to re-inspection at the U.S. ports-of-entry for, but not
limited to, transportation damage, product and container defects,
labeling, proper certification, general condition, and accurate count.
In addition, FSIS will conduct other types of re-inspection activities,
such as incubation of canned products to ensure product safety and
taking product samples for laboratory analysis for the detection of
drug and chemical residues, pathogens, species, and product
composition. Products that pass re-inspection will be stamped with the
official U.S. mark of inspection and allowed to enter U.S. commerce. If
they do not meet U.S. requirements, they will be refused entry and
within 45 days must be exported to the country of origin, destroyed, or
converted to animal food (subject to approval of the U.S. Food and Drug
Administration (FDA)), depending on the violation. The import re-
inspection activities can be found on the FSIS Web site at: https://www.fsis.usda.gov/wps/portal/fsis/topics/international-affairs/importing-products/port-of-ventry-procedures/fsis-import-reinspection.
FSIS has found Poland eligible to export all poultry and poultry
products to the United States. Currently, Poland has elected to only
certify chicken establishments for export to the United States. In
order to export turkey or goose product, Poland will need to notify
FSIS and certify any new establishments. FSIS will review information
provided by Poland and may decide to audit based on additional product.
Poland would not be allowed to export additional products to the United
States until FSIS determines that the country's requirements and
inspection program for the products are equivalent to FSIS's system.
Executive Orders 12866 and 13563, and the Regulatory Flexibility Act
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This proposed rule has been designated a ``non-
significant'' regulatory action under section 3(f) of Executive Order
(E.O.) 12866. Accordingly, the rule has not been reviewed by the Office
of
[[Page 23197]]
Management and Budget (OMB) under E.O. 12866.
Expected Cost of the Proposed Rule
Poland intends to certify seven establishments that would export
chicken to the United States. Within the European Union (EU), Poland is
a major poultry producer. According to a 2014 report, the EU listed
Poland as the top poultry producer.\1\ Over the past 10 years, Poland
has doubled its poultry production (2.2 million metric tons in 2014).
Poland's poultry production consists of 81% chicken broilers, 14%
turkey broilers, and 5% other poultry broilers such as duck and geese.
Poland's poultry production uses mostly locally produced grain.\2\
Lower feed costs and continuing export demand has helped Poland double
its poultry exports within the last five years (741 thousand metric
tons in 2014.).\3\ Currently, Poland's primary export markets are
Germany, the United Kingdom, and France.
---------------------------------------------------------------------------
\1\ https://ec.europa.eu/agriculture/poultry/index_en.htm
Accessed: September 18, 2015.
\2\ Correspondence with the Foreign Agricultural Service (FAS),
USDA, May 2015.
\3\ Ibid.
---------------------------------------------------------------------------
Poland exports chicken, turkey, duck and geese products to other
countries. Table 1 provides unit values for Poland's poultry product
exports and shows Poland's price competitiveness in the poultry export
market. Poland is price competitive for most poultry products that the
United States imports from other countries, primarily Canada and Chile.
Table 1--Poland Export Poultry Products Price Competitiveness
----------------------------------------------------------------------------------------------------------------
Poland export unit price U.S. Import price U.S.$/MT
U.S.$/MT -------------------------------
Commodity description --------------------------------
3-Year 2014 3-Year
2014 average average
----------------------------------------------------------------------------------------------------------------
Meat & Edible Offal Of Poultry, Fresh, Chill Or $2,713 $2,701 $3,207 $3,188
Frozen.........................................
Chicken Cuts And Edible Offal (Including 1,892 1,885 3,021 3,022
Livers), Frozen................................
Turkey Cuts And Edible Offal (Including Liver) 2,744 2,616 3,015 2,475
Frozen.........................................
Chicken Cuts & Edible Offal (Including Liver) 3,184 3,144 4,331 4,158
Fresh/Chilled..................................
Meat & Offal Of Chickens, Not Cut Fresh Or 1,979 1,992 3,588 3,511
Chilled........................................
Cuts And Offal Of Ducks, Frozen................. 2,924 2,677 3,834 4,320
Turkey Cuts & Edible Offal (Including Liver) 4,500 4,326 2,897 4,729
Fresh/Chilled..................................
Meat Of Ducks, Frozen, Not Cut In Pieces........ 2,870 3,041 4,277 4,185
Meat & Offal Of Chickens, Not Cut In Pieces, 1,818 1,870 4,133 4,483
Frozen.........................................
Cuts And Offal Of Ducks, Excluding Livers, Fresh/ 5,057 5,480 13,628 12,764
Chilled........................................
Turkeys, Not Cut In Pieces, Fresh Or Chilled.... 3,217 3,154 3,820 4,015
Fatty Livers Of Ducks, Fresh Or Chilled......... 20,324 8,493 54,021 54,157
Turkeys, Not Cut In Pieces, Frozen.............. 3,187 3,159 2,123 4,052
Meat, Offal Of Guinea Fowls, Fresh, Chilled 2,154 2,039 2,270 2,495
Frozen.........................................
Meat Of Ducks, Fresh Or Chilled, Not Cut In 3,278 2,908 9,715 7,411
Pieces.........................................
----------------------------------------------------------------------------------------------------------------
Source: U.S. Department of Commerce, and Global Trade Atlas at https://www.gtis.com/gta/secure/gateway.cfm.
Both the low cost of poultry production and low export unit price
are why the United States is a top poultry exporter.
In total, poultry imports account for only 0.3% of the U.S. poultry
supply.\4\ In 2014, the United States produced 17.3 million Metric Tons
(MT) of poultry, exported 3.3 million MT of poultry, consumed 14
million MT of poultry, and imported only 0.053 million MT of
poultry.\5\ U.S. poultry imports have remained relatively unchanged in
recent years,\6\ and there is no reason to believe the amount will
change substantially in the future. For Poland to export poultry to the
United States, it must be export-eligible, export-capable, and price-
competitive. After comparing Poland's price competitiveness with the
United States, Chile, and Canada, FSIS estimates that the maximum
potential Polish poultry products exports to the United States is
expected to be between 29,500 MT and 44,300 MT. This means that the
total U.S. poultry supply will increase only between 0.15% and 0.22%
due to Poland's projected export volume to the United States, leaving
the total U.S. poultry supply almost unchanged. Thus, Poland's
projected poultry export volume to the United States would only
minimally change U.S. poultry prices, not enough to alter the U.S.
poultry market. Currently, however, Poland only intends to certify as
eligible seven establishments to export raw, RTE, and thermally
processed commercially sterile (canned) chicken products to the United
States. The total processing capacity of these seven establishments is
less than Poland's total poultry export capacity. With minimal price
change expected in the U.S. poultry markets, adopting this proposed
rule would not have a negative effect on U.S. consumers.
---------------------------------------------------------------------------
\4\ USDA, Foreign Agricultural Service, https://apps.fas.usda.gov/psdonline/psdQuery.aspx.
\5\ Ibid.
\6\ Ibid
---------------------------------------------------------------------------
Companies that export products from Poland to the United States
will incur the standard costs associated with exporting products to the
United States, such as export fees and freight or insurance costs. They
will be willing to bear these costs, however, because of the
anticipated financial benefits associated with marketing their products
in the United States.
Expected Benefits of the Proposed Rule
Adoption of this proposed rule will increase trade between the
United States and Poland. The volume of trade stimulated by the
proposed rule is likely to be small and is expected to have little or
no effect on U.S. poultry supplies or poultry prices. U.S. consumers,
however, are expected to enjoy more choices when purchasing poultry
products. The proposed rule would, therefore, expand choices for U.S.
consumers and promote economic competition.
Effect on Small Entities
The FSIS Administrator has made a preliminary determination that
this proposed rule will not have a significant impact on a substantial
number of small entities, as defined by the Regulatory Flexibility Act
(5 U.S.C. 601). The expected trade volume will be small,
[[Page 23198]]
with little or no effect on U.S. establishments, regardless of size.
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. Under this rule: (1) All State and local laws and
regulations that are inconsistent with this rule will be preempted; (2)
no retroactive effect will be given to this rule; and (3) no
administrative proceedings will be required before parties may file
suit in court challenging this rule.
Paperwork Reduction Act
No new paperwork requirements are associated with this proposed
rule. Foreign countries wanting to export poultry and poultry products
to the United States are required to provide information to FSIS
certifying that their inspection systems provide standards equivalent
to those of the United States, and that the legal authority for the
system and their implementing regulations are equivalent to those of
the United States. FSIS provided Poland with questionnaires asking for
detailed information about the country's inspection practices and
procedures to assist that country in organizing its materials. This
information collection was approved under OMB control number 0583-0094.
The proposed rule contains no other paperwork requirements.
E-Government Act
FSIS and USDA are committed to achieving the purposes of the E-
Government Act (44 U.S.C. 3601, et seq.) by, among other things,
promoting the use of the Internet and other information technologies
and providing increased opportunities for citizen access to Government
information and services, and for other purposes.
Additional Public Notification
FSIS will officially notify the World Trade Organization's
Committee on Sanitary and Phytosanitary Measures (WTO/SPS Committee) in
Geneva, Switzerland, of this proposal and will announce it on-line
through the FSIS Web page located at: https://www.fsis.usda.gov/wps/portal/fsis/topics/vregulations/federal-register/proposed-rules. FSIS
also will make copies of this Federal Register publication available
through the FSIS Constituent Update, which is used to provide
information regarding FSIS policies, procedures, regulations, Federal
Register notices, FSIS public meetings, and other types of information
that could affect or would be of interest to our constituents and
stakeholders. The Update is available on the FSIS Web page. Through the
Web page, FSIS is able to provide information to a much broader, more
diverse audience. In addition, FSIS offers an email subscription
service which provides automatic and customized access to selected food
safety news and information. This service is available at: https://www.fsis.usda.gov/subscribe. Options range from recalls to export
information, regulations, directives, and notices. Customers can add or
delete subscriptions themselves, and have the option to password
protect their accounts.
USDA Non-Discrimination Statement
No agency, officer, or employee of the USDA shall, on the grounds
of race, color, national origin, religion, sex, gender identity, sexual
orientation, disability, age, marital status, family/parental status,
income derived from a public assistance program, or political beliefs,
exclude from participation in, deny the benefits of, or subject to
discrimination any person in the United States under any program or
activity conducted by the USDA.
How To File a Complaint of Discrimination
To file a complaint of discrimination, complete the USDA Program
Discrimination Complaint Form, which may be accessed online at https://www.ocio.usda.gov/sites/default/files/docs/2012/Complain_combined_6_8_12.pdf, or write a letter signed by you or your
authorized representative.
Send your completed complaint form or letter to USDA by mail, fax,
or email:
Mail: U.S. Department of Agriculture, Director, Office of
Adjudication, 1400 Independence Avenue SW., Washington, DC 20250-9410.
Fax: (202) 690-7442.
Email: program.intake@usda.gov.
Persons with disabilities who require alternative means for
communication (Braille, large print, audiotape, etc.), should contact
USDA's TARGET Center at (202) 720-2600 (voice and TDD).
List of Subjects in 9 CFR Part 381
Imported products.
For the reasons set out in the preamble, FSIS is proposing to amend
9 CFR part 381 as follows:
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS
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1. The authority citation for part 381 continues to read as follows:
Authority: 7 U.S.C. 138f, 450; 21 U.S.C. 451-470; 7 CFR 2.7,
2.18, 2.53.
Sec. 381.196 [Amended]
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2. Amend Sec. 381.196(b) by adding ``Poland'' in alphabetical order to
the list of countries.
Done at Washington, DC, on: April 15, 2016.
Alfred V. Almanza,
Acting Administrator.
[FR Doc. 2016-09185 Filed 4-19-16; 8:45 am]
BILLING CODE 3410-DM-P
