Addition of Chile to the List of Countries Eligible To Export Meat and Meat Products to the United States, 24485-24488 [05-9279]
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24485
Proposed Rules
Federal Register
Vol. 70, No. 89
Tuesday, May 10, 2005
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 327
[Docket No. 02–019P]
RIN 0583–AD16
Addition of Chile to the List of
Countries Eligible To Export Meat and
Meat Products to the United States
Food Safety and Inspection
Service, USDA.
ACTION: Proposed rule.
AGENCY:
SUMMARY: The Food Safety and
Inspection Service (FSIS) is proposing
to add Chile to the list of countries
eligible to export meat and meat
products to the United States. Reviews
by FSIS of Chile’s laws, regulations, and
other materials show that its meat
inspection system includes
requirements equivalent to all
provisions in the Federal Meat
Inspection Act (FMIA) and its
implementing regulations.
Although a foreign country may be
listed as eligible to export meat and
meat products, products from that
country must also comply with all other
U.S. requirements, including those of
the U.S. Customs Service and the
restrictions under Title 9, part 94 of the
Animal and Plant Health Inspection
Service (APHIS) regulations that relate
to the importation of meat and meat
products from foreign countries into the
United States. FSIS and APHIS work
closely together to ensure that meat and
meat products imported into the United
States comply with the regulatory
requirements of both agencies.
Under this proposal, meat and meat
products processed in certified Chilean
establishments may be exported to the
United States. All such products will be
subject to re-inspection at United States
ports-of-entry by FSIS inspectors.
DATES: Comments must be received on
or before July 11, 2005.
ADDRESSES: FSIS invites interested
persons to submit comments on this
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proposed rule. Comments may be
submitted by any of the following
methods:
• Mail, including floppy disks or CD–
ROM’s, and hand-or courier-delivered
items: Send to Docket Clerk, U.S.
Department of Agriculture, Food Safety
and Inspection Service, 300 12th Street,
SW., Room 102 Cotton Annex,
Washington, DC 20250.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions at that site for
submitting comments.
All submissions received must
include the Agency name and docket
number 02–019P.
All comments submitted in response
to this proposal, as well as research and
background information used by FSIS in
developing this document, will be
available for public inspection in the
FSIS Docket Room at the address listed
above between 8:30 a.m. and 4:30 p.m.,
Monday through Friday. The comments
also will be posted on the Agency’s Web
site https://www.fsis.usda.gov/
regulations_&_policies/
2005_Proposed_Rules_Index/index.asp.
FOR FURTHER INFORMATION CONTACT: Ms.
Sally White, Director, International
Equivalence Staff (IES), Office of
International Affairs; (202) 720–6400.
SUPPLEMENTARY INFORMATION:
Background
FSIS is proposing to amend the
Federal meat inspection regulations to
add Chile to the list of countries eligible
to export meat and meat products to the
United States (9 CFR 327(b)), as was
requested by the Chilean government.
Chile is not currently listed as eligible
to export such products to the United
States.
Listing Chile as eligible to export meat
products to the United States would
expand international markets and
enhance the free flow of trade with
Chile as required under World Trade
Organization (WTO) provisions. This
proposed action would support U.S.
trade initiatives and USDA’s policy of
liberalizing agricultural trade with
Chile, and would honor U.S. obligations
to WTO. Under the Uruguay Round
Agreement, FSIS is obligated to make
equivalence determinations of the
inspection systems of foreign countries
requesting to import meat, poultry, or
egg products into the United States.
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Section 20 of the FMIA (21 U.S.C.
620) prohibits the importation into the
United States of carcasses, parts of
carcasses, meat, or meat food products
of cattle, sheep, swine, goats, horses,
mules, or other equines that are capable
of use as human food that are
adulterated or misbranded. The FMIA
also requires that livestock from which
imported meat products are produced
be slaughtered and handled in
connection with slaughter in accordance
with the Humane Slaughter Act (7
U.S.C. 1901–1906). Imported meat
products must be in compliance with
part 327 of title 9, Code of Federal
Regulations (9 CFR part 327), to ensure
that they meet the standards provided in
the FMIA. Section 327.2 establishes the
procedures by which foreign countries
that want to export meat and meat
products to the United States may
become eligible to do so.
Section 327.2(a) requires authorities
in a foreign country’s meat inspection
system to certify that (1) the system
provides standards equivalent to those
of the United States, and (2) the legal
authority for the system and its
implementing regulations are equivalent
to those of the United States.
Specifically, a country’s regulations
must impose requirements equivalent to
those of the United States in the
following areas: (1) Ante-mortem and
post-mortem inspection; (2) official
controls by the national government
over plant construction, facilities, and
equipment; (3) direct and continuous
supervision of slaughter activities,
where applicable, and product
preparation by official inspection
personnel; (4) separation of
establishments certified to export from
those not certified; (5) maintenance of a
single standard of inspection and
sanitation throughout certified
establishments; (6) official controls over
condemned product; and (7)
requirements of a Hazard Analysis and
Critical Control Point (HACCP) system
within certified establishments.
Section 327.2 also requires a meat
inspection system maintained by a
foreign country, with respect to
establishments preparing products in
that country for export to the United
States, to ensure that those
establishments and their meat products
comply with requirements equivalent to
the provisions of the FMIA and the meat
product inspection regulations. Foreign
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Federal Register / Vol. 70, No. 89 / Tuesday, May 10, 2005 / Proposed Rules
country authorities must be able to
ensure that all certifications required
under Part 327 of the meat product
inspection regulations (Imported
Products) can be relied upon before
USDA–FSIS will grant approval to
export meat products to the United
States.
In addition to meeting the
certification requirements, a foreign
country’s inspection system must be
evaluated by FSIS before eligibility to
export meat products 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 operate its meat inspection
program. To help the country in
organizing its material, FSIS gives the
country questionnaires asking for
detailed information about the country’s
inspection practices and procedures in
five risk areas, which are the focus of
the evaluation. These five risk areas are
sanitation, animal disease, slaughter/
processing, residues, and enforcement.
FSIS evaluates the information to verify
that the critical points in the five risk
areas 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,
including laboratories and individual
establishments within the country.
The process of determining
equivalence is described fully on the
FSIS Web site at https://
www.fsis.usda.gov/OPPDE/IPS/EQ/
EQProcess.htm. Besides relying on its
initial determination of a country’s
eligibility, coupled with ongoing
reviews to ensure that products shipped
to the United States are safe,
wholesome, and properly labeled and
packaged, FSIS randomly reinspects
meat and poultry products as they are
offered for entry into the United States.
Evaluation of the Chilean Meat
Inspection System
FSIS conducted a thorough review of
the Chile meat inspection system to
determine if it is equivalent to the U.S.
meat inspection system. First, FSIS
compared Chile’s meat inspection laws
and regulations with U.S. requirements.
The study concluded that the
requirements contained in Chile’s meat
inspection laws and regulations are
equivalent to those mandated by the
FMIA and implementing regulations.
FSIS then conducted an on-site review
of the Chile meat inspection system in
operation. The FSIS review team
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concluded that Chile’s implementation
of meat slaughter and processing
standards and procedures was
equivalent to those of the United States.
The audit reports on Chile can be found
on the FSIS Web site at https://
www.fsis.usda.gov/OPPDE/Far/
index.htm.
The FSIS process to determine the
equivalence of a country’s meat or
poultry inspection system is
independent from any APHIS animal
health status determination that may be
made for the same given country. The
APHIS declaration regarding animal
health or disease status, however, also
determines whether a country can
export product to the U.S., as well as the
types of products that would be eligible.
Even though a foreign country is
listed in FSIS regulations as eligible to
export meat products to the U.S., those
meat products must also comply with
all other U.S. requirements before entry.
Before a shipment of meat or meat
products may be presented for reinspection at the port-of entry by FSIS,
it must have first met the requirements
of both the U.S. Customs Service and
APHIS.
APHIS is responsible for keeping
foreign animal diseases out of the
United States. Under title 9, part 94 of
the Code of Federal Regulations (9 CFR
part 94), APHIS sets forth restrictions on
the importation of any fresh, frozen, and
chilled meat, meat products, and edible
products from countries in which
certain animal diseases exist. APHIS can
independently restrict an eligibility
listing through a ‘‘regionalization’’
process (9 CFR part 92—Importation of
Animals and Animal Products:
Procedures for Requesting Recognition
of Regions). Those products that APHIS
has restricted from entering the United
States because of animal disease
conditions in the country of origin will
be refused entry before reaching an FSIS
import inspection facility.
FSIS and APHIS work closely together
to ensure that meat and meat products
imported into the United States comply
with the regulatory requirements of both
agencies. In 1985, FSIS and APHIS
signed a memorandum of understanding
(MOU) in which both agencies agreed to
cooperate in meeting their respective
needs relative to information exchange
of disease surveillance, diagnostic
testing, investigations, trace backs, and
animal and public health emergencies to
achieve their related objectives of
reducing the spread of animal diseases,
and of providing a wholesome and
economical food supply. The MOU is
updated periodically to ensure that it
addresses areas of importance to both
agencies. In accord with this MOU, FSIS
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and APHIS established procedures for
communication between the two
agencies regarding the inspection,
handling, and disposition of imported
meat products. APHIS and FSIS
communicate regularly to ensure that
products APHIS has restricted from
entering the United States because of
animal disease concerns are not
imported into the United States.
FSIS notes that APHIS has found no
current evidence of animal disease of
consequence in Chile. Certain animal
diseases can be highly communicable
and could have a devastating economic
impact on the U.S. meat industry were
they to enter the United States. For
example, bovine Foot and Mouth
Disease (FMD) is not currently present
in Chile but does occur in nearby
Argentina. Due to the proximity of
Argentina, APHIS and Chilean officials
closely monitor this animal disease and
have found no cause for concern.
For these reasons, FSIS believes that
sufficient controls are in place to ensure
that meat and meat products processed
in Chile will not pose a risk in the U.S.
Accordingly, FSIS is proposing to
amend Part 327 of the Federal meat
inspection regulations to add Chile as a
country from which meat and meat
products may be eligible for import into
the United States. As a country eligible
to export meat products to the United
States, the government of Chile would
certify to FSIS those establishments
wishing to export such products to the
U.S. and operating according to U.S.
requirements. FSIS would retain the
right to verify that establishments
certified by the Chile government are
meeting the U.S. requirements. This
verification would be done through
annual on-site reviews of the
establishments while they are in
operation.
All meat products exported to the
United States from Chile would be
subject to reinspection at the ports-ofentry for transportation damage,
labeling, proper certification, general
condition, and accurate count. Other
types of inspection would also be
conducted, including examining
product for defects and performing
laboratory analyses to detect chemical
residues or microbial contamination.
Products that pass reinspection will
be stamped with the official mark of
inspection and allowed to enter U.S.
commerce. If they do not meet U.S.
requirements, they will be ‘‘Refused
Entry’’ and must be re-exported,
destroyed, or allowed entry for the
purpose of converting to animal food.
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Economic Impact Analysis
The United States annually imports
about 14 million metric tons (MT) of
meat products, worth about $4.2 billion.
These amounts are projected to increase
by 2011 to about 17 million MT, worth
$5.1 billion.
Current information indicates that
several establishments in Chile would
be able to ship meat and, potentially,
meat products to the United States—
largely beef, pork, and lamb. The
exports would consist of an estimated
600 MT of bone-in and boneless beef
valued at $1.8 million; an estimated 500
MT of bone-in pork cuts (ribs) valued at
$2.65 million; and about 500 MT of
lamb carcasses, carcass halves, and
quarters, valued at $1.5 million. Listing
Chile as eligible to export meat to the
United States would therefore add a
very small portion to total U.S. meat
imports.
The additional product shipments are
likely to have only a slight effect on the
Agency’s assignment of import
inspection resources at points of entry
on the East and West coasts. It is
unlikely, on the basis of current
information, that any additional import
inspection personnel would need to be
hired.
Benefits would include increased
trade with Chile and the availability to
U.S. consumers of a greater quantity of
meat of the kinds mentioned. Wholesale
prices of all grades of these products
have been moving upward during the
last several years. Importing beef, pork,
and lamb from Chile would not affect
this trend or would do so only very
slightly. Both nations would benefit
from an expansion of trade in meat as
part of a wide range of commodities.
Constraints on the expansion of trade
in meat between the United States and
Chile are expected to occur mainly in
the form of restrictions imposed under
U.S. animal health laws. APHIS has
agreed to supply FSIS with evaluations
and current updates of the animal
disease status of regions in Chile where
establishments likely to export product
to the United States are located.
Estimates of benefits and costs of
increased trade in meat with Chile are
based on data supplied by FSIS Office
of International Affairs and Field
Operations staffs; Foreign Agricultural
Service (FAS) databases and trade
reports; Economic Research Service
(ERS) databases, reports, and analyses;
and Census Bureau databases and
reports. Standard economic analytical
techniques were used in estimating
effects of the proposed rulemakings.
The major source of uncertainty in
estimating the effects of the proposed
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rulemaking is in forecasting the number
of establishments likely to be certified
for importation of products into the
United States. Other, less important,
sources of uncertainty include
imprecision in the economic data to be
consulted, e.g., estimates of demand
elasticities and probable errors in multiyear forecasts of prices for the
commodities to be regulated under the
proposed rulemakings.
Effect on Small Entities
The Administrator, FSIS, has made an
initial 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). This
proposed rule would add Chile to the
list of countries eligible to export meat
and meat products to the United States.
The volume of trade stimulated by this
rule would be very small and would
have relatively little effect on supply
and prices. Therefore, this proposed
rule is not expected to have a significant
impact on small entities that produce
these types of products domestically.
Paperwork Requirements
No new paperwork requirements are
associated with this proposed rule.
Foreign countries wanting to export
meat and meat 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
systems and their implementing
regulations are equivalent to those of the
United States, before they may start
exporting such product to the United
States. FSIS collects this information
one time only. FSIS gave Chile
questionnaires asking for detailed
information about the country’s
inspection practices and procedures to
assist the country in organizing its
materials. This information collection
was approved under OMB number
0583–0094. The proposed rule contains
no other paperwork requirements.
Executive Order 12866 and Regulatory
Flexibility Act
This proposed rule has been reviewed
under Executive Order 12866. It has
been determined to be not significant for
purposes of E.O. 12866 and therefore
has not been reviewed by the Office of
Management and Budget (OMB).
Executive Order 12988
This proposed rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. If this proposed rule is
adopted: (1) All State and local laws and
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24487
regulations that are inconsistent with
this rule will be preempted; (2) no
retroactive effect will be given to this
rule; and (3) administrative proceedings
will not be required before parties may
file suit in court challenging this rule.
Additional Public Notification
Public awareness of all segments of
rulemaking and policy development is
important. Consequently, in an effort to
ensure that the public and in particular
minorities, women, and persons with
disabilities, are aware of this final rule,
FSIS will announce it on-line through
the FSIS Web page located at https://
www.fsis.usda.gov/
regulations_&_policies/
2005_Proposed_Rules_Index/index.asp.
The Regulations.gov Web site is the
central online rulemaking portal of the
United States government. It is being
offered as a public service to increase
participation in the Federal
Government’s regulatory activities. FSIS
participates in Regulations.gov and will
accept comments on documents
published on the site. The site allows
visitors to search by keyword or
Department or Agency for rulemakings
that allow for public comment. Each
entry provides a quick link to a
comment form so that visitors can type
in their comments and submit them to
FSIS. The Web site is located at
https://www.regulations.gov/.
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, recalls, and other
types of information that could affect or
would be of interest to our constituents
and stakeholders. The update is
communicated via Listserv, a free e-mail
subscription service consisting of
industry, trade, and farm groups,
consumer interest groups, allied health
professionals, scientific professionals,
and other individuals who have
requested to be included. The update
also is available on the FSIS Web page.
Through Listserv and 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 an
automatic and customized notification
when popular pages are updated,
including Federal Register publications
and related documents. This service is
available at https://www.fsis.usda.gov/
news_and_events/email_subscription/
and allows FSIS customers to sign up
for subscription options across eight
categories. Options range from recalls to
export information to regulations,
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Federal Register / Vol. 70, No. 89 / Tuesday, May 10, 2005 / Proposed Rules
directives and notices. Customers can
add or delete subscriptions themselves
and have the option to password protect
their account.
List of Subjects in 9 CFR Part 327
Imported products.
For the reasons set out in the
preamble, FSIS is proposing to amend 9
CFR part 327 as follows:
PART 327—IMPORTED PRODUCTS
1. The authority citation for part 327
continues to read as follows:
Authority: 21 U.S.C. 601–695; 7 CFR 2.18,
2.53.
§ 327.2
[Amended]
2. Section 327.2 is amended by
adding Chile in alphabetical order to the
list of countries in paragraph (b).
Done at Washington, DC, on May 4, 2005.
Barbara J. Masters,
Acting Administrator.
[FR Doc. 05–9279 Filed 5–9–05; 8:45 am]
BILLING CODE 3410–DM–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–21170; Directorate
Identifier 2002–NM–124–AD]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 767–200 and 767–300 Series
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Boeing Model 767–200 and 767–
300 series airplanes. This proposed AD
would require performing a general
visual inspection to determine the part
number of the I-beams of the center
overhead stowage bin modules to
identify I-beams having 9.0g
(gravitational acceleration) tie rods
attached and to determine the
configuration of the center overhead
stowage bin modules; and, for certain
center overhead stowage bin modules,
installation of support straps. This AD
was prompted by the results of tests
conducted by the airplane
manufacturer. We are proposing this AD
to prevent failure of the attachment of
the 9.0g tie rods to the center overhead
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stowage bin modules. This failure could
result in collapse of those stowage bin
modules, and consequent injury to
passengers and crew and interference
with their ability to evacuate the
airplane in an emergency.
DATES: We must receive comments on
this proposed AD by June 24, 2005.
ADDRESSES: Use one of the following
addresses to submit comments on this
proposed AD.
• DOT Docket Web site: Go to
https://dms.dot.gov and follow the
instructions for sending your comments
electronically.
• Government-wide rulemaking Web
site: Go to https://www.regulations.gov
and follow the instructions for sending
your comments electronically.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
room PL–401, Washington, DC 20590.
• By fax: (202) 493–2251.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in
this proposed AD, contact Boeing
Commercial Airplanes, P.O. Box 3707,
Seattle, Washington 98124–2207.
You can examine the contents of this
AD docket on the Internet at https://
dms.dot.gov, or in person at the Docket
Management Facility, U.S. Department
of Transportation, 400 Seventh Street,
SW., room PL–401, on the plaza level of
the Nassif Building, Washington, DC.
This docket number is FAA–2005–
21170; the directorate identifier for this
docket is 2002–NM–124–AD.
FOR FURTHER INFORMATION CONTACT:
Susan Rosanske, Aerospace Engineer,
Cabin Safety and Environmental
Systems Branch, ANM–150S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton,
Washington 98055–4056; telephone
(425) 917–6448; fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant
written data, views, or arguments
regarding this proposed AD. Send your
comments to an address listed under
ADDRESSES. Include ‘‘Docket No. FAA–
2005–21170; Directorate Identifier
2002–NM–124AD’’ in the subject line of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of the proposed AD. We will
consider all comments submitted by the
closing date and may amend the
proposed AD in light of those
comments.
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We will post all comments we
receive, without change, to https://
dms.dot.gov, including any personal
information you provide. We will also
post a report summarizing each
substantive verbal contact with FAA
personnel concerning this proposed AD.
Using the search function of that Web
site, anyone can find and read the
comments in any of our dockets,
including the name of the individual
who sent the comment (or signed the
comment on behalf of an association,
business, labor union, etc.). You can
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78), or you can visit https://
dms.dot.gov.
Examining the Docket
You can examine the AD docket on
the Internet at https://dms.dot.gov, or in
person at the Docket Management
Facility office between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The Docket
Management Facility office (telephone
(800) 647–5227) is located on the plaza
level of the Nassif Building at the DOT
street address stated in the ADDRESSES
section. Comments will be available in
the AD docket shortly after the DMS
receives them.
Discussion
The airplane manufacturer has
notified us that, during tests it
conducted, some center overhead
stowage bin modules failed at 6.6g
(gravitational acceleration) along the
9.0g tie rod forward bolt line. Based on
the results of these tests, we have
determined that center overhead
stowage bin modules may not meet the
9.0g forward load requirements of
section 25.561 (‘‘General’’) of the
Federal Aviation Regulations (14 CFR
25.561). As a result, the center overhead
stowage bin modules may collapse,
causing injury to passengers and crew
and interfere with their ability to
evacuate the airplane in an emergency.
The actions specified by the proposed
AD are intended to prevent failure of the
attachment of the 9.0g tie rods to the
center overhead stowage bin modules.
This failure could result in collapse of
those stowage bin modules, and
consequent injury to passengers and
crew and interference with their ability
to evacuate the airplane in an
emergency.
Relevant Service Information
We have reviewed Boeing Special
Attention Service Bulletin 767–25–
0320, dated April 11, 2002. The service
bulletin describes procedures for
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]]>Agencies
[Federal Register Volume 70, Number 89 (Tuesday, May 10, 2005)]
[Proposed Rules]
[Pages 24485-24488]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9279]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 70 , No. 89 / Tuesday, May 10, 2005 /
Proposed Rules
[[Page 24485]]
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 327
[Docket No. 02-019P]
RIN 0583-AD16
Addition of Chile to the List of Countries Eligible To Export
Meat and Meat 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 Chile to the list of countries eligible to export meat and meat
products to the United States. Reviews by FSIS of Chile's laws,
regulations, and other materials show that its meat inspection system
includes requirements equivalent to all provisions in the Federal Meat
Inspection Act (FMIA) and its implementing regulations.
Although a foreign country may be listed as eligible to export meat
and meat products, products from that country must also comply with all
other U.S. requirements, including those of the U.S. Customs Service
and the restrictions under Title 9, part 94 of the Animal and Plant
Health Inspection Service (APHIS) regulations that relate to the
importation of meat and meat products from foreign countries into the
United States. FSIS and APHIS work closely together to ensure that meat
and meat products imported into the United States comply with the
regulatory requirements of both agencies.
Under this proposal, meat and meat products processed in certified
Chilean establishments may be exported to the United States. All such
products will be subject to re-inspection at United States ports-of-
entry by FSIS inspectors.
DATES: Comments must be received on or before July 11, 2005.
ADDRESSES: FSIS invites interested persons to submit comments on this
proposed rule. Comments may be submitted by any of the following
methods:
Mail, including floppy disks or CD-ROM's, and hand-or
courier-delivered items: Send to Docket Clerk, U.S. Department of
Agriculture, Food Safety and Inspection Service, 300 12th Street, SW.,
Room 102 Cotton Annex, Washington, DC 20250.
Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the online instructions at that site for
submitting comments.
All submissions received must include the Agency name and docket
number 02-019P.
All comments submitted in response to this proposal, as well as
research and background information used by FSIS in developing this
document, will be available for public inspection in the FSIS Docket
Room at the address listed above between 8:30 a.m. and 4:30 p.m.,
Monday through Friday. The comments also will be posted on the Agency's
Web site https://www.fsis.usda.gov/regulations_&_policies/2005_
Proposed_Rules_Index/index.asp.
FOR FURTHER INFORMATION CONTACT: Ms. Sally White, Director,
International Equivalence Staff (IES), Office of International Affairs;
(202) 720-6400.
SUPPLEMENTARY INFORMATION:
Background
FSIS is proposing to amend the Federal meat inspection regulations
to add Chile to the list of countries eligible to export meat and meat
products to the United States (9 CFR 327(b)), as was requested by the
Chilean government. Chile is not currently listed as eligible to export
such products to the United States.
Listing Chile as eligible to export meat products to the United
States would expand international markets and enhance the free flow of
trade with Chile as required under World Trade Organization (WTO)
provisions. This proposed action would support U.S. trade initiatives
and USDA's policy of liberalizing agricultural trade with Chile, and
would honor U.S. obligations to WTO. Under the Uruguay Round Agreement,
FSIS is obligated to make equivalence determinations of the inspection
systems of foreign countries requesting to import meat, poultry, or egg
products into the United States.
Section 20 of the FMIA (21 U.S.C. 620) prohibits the importation
into the United States of carcasses, parts of carcasses, meat, or meat
food products of cattle, sheep, swine, goats, horses, mules, or other
equines that are capable of use as human food that are adulterated or
misbranded. The FMIA also requires that livestock from which imported
meat products are produced be slaughtered and handled in connection
with slaughter in accordance with the Humane Slaughter Act (7 U.S.C.
1901-1906). Imported meat products must be in compliance with part 327
of title 9, Code of Federal Regulations (9 CFR part 327), to ensure
that they meet the standards provided in the FMIA. Section 327.2
establishes the procedures by which foreign countries that want to
export meat and meat products to the United States may become eligible
to do so.
Section 327.2(a) requires authorities in a foreign country's meat
inspection system to certify that (1) the system provides standards
equivalent to those of the United States, and (2) the legal authority
for the system and its implementing regulations are equivalent to those
of the United States. Specifically, a country's regulations must impose
requirements equivalent to those of the United States in the following
areas: (1) Ante-mortem and post-mortem inspection; (2) official
controls by the national government over plant construction,
facilities, and equipment; (3) direct and continuous supervision of
slaughter activities, where applicable, and product preparation by
official inspection personnel; (4) separation of establishments
certified to export from those not certified; (5) maintenance of a
single standard of inspection and sanitation throughout certified
establishments; (6) official controls over condemned product; and (7)
requirements of a Hazard Analysis and Critical Control Point (HACCP)
system within certified establishments.
Section 327.2 also requires a meat inspection system maintained by
a foreign country, with respect to establishments preparing products in
that country for export to the United States, to ensure that those
establishments and their meat products comply with requirements
equivalent to the provisions of the FMIA and the meat product
inspection regulations. Foreign
[[Page 24486]]
country authorities must be able to ensure that all certifications
required under Part 327 of the meat product inspection regulations
(Imported Products) can be relied upon before USDA-FSIS will grant
approval to export meat products to the United States.
In addition to meeting the certification requirements, a foreign
country's inspection system must be evaluated by FSIS before
eligibility to export meat products 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 operate its meat inspection
program. To help the country in organizing its material, FSIS gives the
country questionnaires asking for detailed information about the
country's inspection practices and procedures in five risk areas, which
are the focus of the evaluation. These five risk areas are sanitation,
animal disease, slaughter/processing, residues, and enforcement. FSIS
evaluates the information to verify that the critical points in the
five risk areas are addressed satisfactorily with respect to standards,
activities, resources, and enforcement. If the document review is
satisfactory, an on-site review is scheduled using a multi-disciplinary
team to evaluate all aspects of the country's inspection program,
including laboratories and individual establishments within the
country.
The process of determining equivalence is described fully on the
FSIS Web site at https://www.fsis.usda.gov/OPPDE/IPS/EQ/EQProcess.htm.
Besides relying on its initial determination of a country's
eligibility, coupled with ongoing reviews to ensure that products
shipped to the United States are safe, wholesome, and properly labeled
and packaged, FSIS randomly reinspects meat and poultry products as
they are offered for entry into the United States.
Evaluation of the Chilean Meat Inspection System
FSIS conducted a thorough review of the Chile meat inspection
system to determine if it is equivalent to the U.S. meat inspection
system. First, FSIS compared Chile's meat inspection laws and
regulations with U.S. requirements. The study concluded that the
requirements contained in Chile's meat inspection laws and regulations
are equivalent to those mandated by the FMIA and implementing
regulations. FSIS then conducted an on-site review of the Chile meat
inspection system in operation. The FSIS review team concluded that
Chile's implementation of meat slaughter and processing standards and
procedures was equivalent to those of the United States. The audit
reports on Chile can be found on the FSIS Web site at https://
www.fsis.usda.gov/OPPDE/Far/index.htm.
The FSIS process to determine the equivalence of a country's meat
or poultry inspection system is independent from any APHIS animal
health status determination that may be made for the same given
country. The APHIS declaration regarding animal health or disease
status, however, also determines whether a country can export product
to the U.S., as well as the types of products that would be eligible.
Even though a foreign country is listed in FSIS regulations as
eligible to export meat products to the U.S., those meat products must
also comply with all other U.S. requirements before entry. Before a
shipment of meat or meat products may be presented for re-inspection at
the port-of entry by FSIS, it must have first met the requirements of
both the U.S. Customs Service and APHIS.
APHIS is responsible for keeping foreign animal diseases out of the
United States. Under title 9, part 94 of the Code of Federal
Regulations (9 CFR part 94), APHIS sets forth restrictions on the
importation of any fresh, frozen, and chilled meat, meat products, and
edible products from countries in which certain animal diseases exist.
APHIS can independently restrict an eligibility listing through a
``regionalization'' process (9 CFR part 92--Importation of Animals and
Animal Products: Procedures for Requesting Recognition of Regions).
Those products that APHIS has restricted from entering the United
States because of animal disease conditions in the country of origin
will be refused entry before reaching an FSIS import inspection
facility.
FSIS and APHIS work closely together to ensure that meat and meat
products imported into the United States comply with the regulatory
requirements of both agencies. In 1985, FSIS and APHIS signed a
memorandum of understanding (MOU) in which both agencies agreed to
cooperate in meeting their respective needs relative to information
exchange of disease surveillance, diagnostic testing, investigations,
trace backs, and animal and public health emergencies to achieve their
related objectives of reducing the spread of animal diseases, and of
providing a wholesome and economical food supply. The MOU is updated
periodically to ensure that it addresses areas of importance to both
agencies. In accord with this MOU, FSIS and APHIS established
procedures for communication between the two agencies regarding the
inspection, handling, and disposition of imported meat products. APHIS
and FSIS communicate regularly to ensure that products APHIS has
restricted from entering the United States because of animal disease
concerns are not imported into the United States.
FSIS notes that APHIS has found no current evidence of animal
disease of consequence in Chile. Certain animal diseases can be highly
communicable and could have a devastating economic impact on the U.S.
meat industry were they to enter the United States. For example, bovine
Foot and Mouth Disease (FMD) is not currently present in Chile but does
occur in nearby Argentina. Due to the proximity of Argentina, APHIS and
Chilean officials closely monitor this animal disease and have found no
cause for concern.
For these reasons, FSIS believes that sufficient controls are in
place to ensure that meat and meat products processed in Chile will not
pose a risk in the U.S.
Accordingly, FSIS is proposing to amend Part 327 of the Federal
meat inspection regulations to add Chile as a country from which meat
and meat products may be eligible for import into the United States. As
a country eligible to export meat products to the United States, the
government of Chile would certify to FSIS those establishments wishing
to export such products to the U.S. and operating according to U.S.
requirements. FSIS would retain the right to verify that establishments
certified by the Chile government are meeting the U.S. requirements.
This verification would be done through annual on-site reviews of the
establishments while they are in operation.
All meat products exported to the United States from Chile would be
subject to reinspection at the ports-of-entry for transportation
damage, labeling, proper certification, general condition, and accurate
count. Other types of inspection would also be conducted, including
examining product for defects and performing laboratory analyses to
detect chemical residues or microbial contamination.
Products that pass reinspection will be stamped with the official
mark of inspection and allowed to enter U.S. commerce. If they do not
meet U.S. requirements, they will be ``Refused Entry'' and must be re-
exported, destroyed, or allowed entry for the purpose of converting to
animal food.
[[Page 24487]]
Economic Impact Analysis
The United States annually imports about 14 million metric tons
(MT) of meat products, worth about $4.2 billion. These amounts are
projected to increase by 2011 to about 17 million MT, worth $5.1
billion.
Current information indicates that several establishments in Chile
would be able to ship meat and, potentially, meat products to the
United States--largely beef, pork, and lamb. The exports would consist
of an estimated 600 MT of bone-in and boneless beef valued at $1.8
million; an estimated 500 MT of bone-in pork cuts (ribs) valued at
$2.65 million; and about 500 MT of lamb carcasses, carcass halves, and
quarters, valued at $1.5 million. Listing Chile as eligible to export
meat to the United States would therefore add a very small portion to
total U.S. meat imports.
The additional product shipments are likely to have only a slight
effect on the Agency's assignment of import inspection resources at
points of entry on the East and West coasts. It is unlikely, on the
basis of current information, that any additional import inspection
personnel would need to be hired.
Benefits would include increased trade with Chile and the
availability to U.S. consumers of a greater quantity of meat of the
kinds mentioned. Wholesale prices of all grades of these products have
been moving upward during the last several years. Importing beef, pork,
and lamb from Chile would not affect this trend or would do so only
very slightly. Both nations would benefit from an expansion of trade in
meat as part of a wide range of commodities.
Constraints on the expansion of trade in meat between the United
States and Chile are expected to occur mainly in the form of
restrictions imposed under U.S. animal health laws. APHIS has agreed to
supply FSIS with evaluations and current updates of the animal disease
status of regions in Chile where establishments likely to export
product to the United States are located.
Estimates of benefits and costs of increased trade in meat with
Chile are based on data supplied by FSIS Office of International
Affairs and Field Operations staffs; Foreign Agricultural Service (FAS)
databases and trade reports; Economic Research Service (ERS) databases,
reports, and analyses; and Census Bureau databases and reports.
Standard economic analytical techniques were used in estimating effects
of the proposed rulemakings.
The major source of uncertainty in estimating the effects of the
proposed rulemaking is in forecasting the number of establishments
likely to be certified for importation of products into the United
States. Other, less important, sources of uncertainty include
imprecision in the economic data to be consulted, e.g., estimates of
demand elasticities and probable errors in multi-year forecasts of
prices for the commodities to be regulated under the proposed
rulemakings.
Effect on Small Entities
The Administrator, FSIS, has made an initial 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). This proposed rule would add Chile to the list of
countries eligible to export meat and meat products to the United
States. The volume of trade stimulated by this rule would be very small
and would have relatively little effect on supply and prices.
Therefore, this proposed rule is not expected to have a significant
impact on small entities that produce these types of products
domestically.
Paperwork Requirements
No new paperwork requirements are associated with this proposed
rule. Foreign countries wanting to export meat and meat 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 systems and
their implementing regulations are equivalent to those of the United
States, before they may start exporting such product to the United
States. FSIS collects this information one time only. FSIS gave Chile
questionnaires asking for detailed information about the country's
inspection practices and procedures to assist the country in organizing
its materials. This information collection was approved under OMB
number 0583-0094. The proposed rule contains no other paperwork
requirements.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
It has been determined to be not significant for purposes of E.O. 12866
and therefore has not been reviewed by the Office of Management and
Budget (OMB).
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (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) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
Additional Public Notification
Public awareness of all segments of rulemaking and policy
development is important. Consequently, in an effort to ensure that the
public and in particular minorities, women, and persons with
disabilities, are aware of this final rule, FSIS will announce it on-
line through the FSIS Web page located at https://www.fsis.usda.gov/
regulations_&_policies/2005_Proposed_Rules_Index/index.asp. The
Regulations.gov Web site is the central online rulemaking portal of the
United States government. It is being offered as a public service to
increase participation in the Federal Government's regulatory
activities. FSIS participates in Regulations.gov and will accept
comments on documents published on the site. The site allows visitors
to search by keyword or Department or Agency for rulemakings that allow
for public comment. Each entry provides a quick link to a comment form
so that visitors can type in their comments and submit them to FSIS.
The Web site is located at https://www.regulations.gov/.
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, recalls, and other types of
information that could affect or would be of interest to our
constituents and stakeholders. The update is communicated via Listserv,
a free e-mail subscription service consisting of industry, trade, and
farm groups, consumer interest groups, allied health professionals,
scientific professionals, and other individuals who have requested to
be included. The update also is available on the FSIS Web page. Through
Listserv and 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 an automatic and customized notification when popular pages
are updated, including Federal Register publications and related
documents. This service is available at https://www.fsis.usda.gov/news_
and_events/email_subscription/ and allows FSIS customers to sign up
for subscription options across eight categories. Options range from
recalls to export information to regulations,
[[Page 24488]]
directives and notices. Customers can add or delete subscriptions
themselves and have the option to password protect their account.
List of Subjects in 9 CFR Part 327
Imported products.
For the reasons set out in the preamble, FSIS is proposing to amend
9 CFR part 327 as follows:
PART 327--IMPORTED PRODUCTS
1. The authority citation for part 327 continues to read as
follows:
Authority: 21 U.S.C. 601-695; 7 CFR 2.18, 2.53.
Sec. 327.2 [Amended]
2. Section 327.2 is amended by adding Chile in alphabetical order
to the list of countries in paragraph (b).
Done at Washington, DC, on May 4, 2005.
Barbara J. Masters,
Acting Administrator.
[FR Doc. 05-9279 Filed 5-9-05; 8:45 am]
BILLING CODE 3410-DM-P
