Addition of the People's Republic of China To the List of Countries Eligible To Export Processed Poultry and Poultry Products to the United States, 70746-70749 [05-23123]
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70746
Proposed Rules
Federal Register
Vol. 70, No. 225
Wednesday, November 23, 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 381
[Docket No. 05–012P]
RIN #0583–AD20
Addition of the People’s Republic of
China To the List of Countries Eligible
To Export Processed Poultry and
Poultry 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 the People’s Republic of China to
the list of countries eligible to export
processed poultry and poultry products
to the United States. Reviews of the
People’s Republic of China’s laws,
regulations, and other materials show
that its poultry processing system
includes requirements equivalent to all
provisions in the Poultry Products
Inspection Act (PPIA) and its
implementing regulations.
FSIS is proposing to allow processed
poultry products from the People’s
Republic of China to be imported into
the United States only if they are
processed in certified establishments in
the People’s Republic of China from
poultry slaughtered in certified
slaughter establishments in other
countries eligible to export poultry to
the United States. China is not currently
eligible to export poultry products to the
United States that include birds that
were slaughtered in China’s domestic
establishments. Under this proposed
rule, all poultry products exported from
the People’s Republic of China to the
United States will be subject to
reinspection at the U.S. ports-of-entry
by FSIS inspectors as required by law.
DATES: Comments must be received on
or before January 23, 2006.
ADDRESSES: FSIS invites interested
persons to submit comments on this
proposed rule. Comments may be
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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. Electronic mail:
fsis.regulationscomments@fsis.usda.gov.
All submissions received must
include the Agency name and docket
number 05–012P.
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 at https://www.fsis.usda.gov/
regulations_&_policies/
2005_Proposed_Rules_Index/index.asp.
FOR FURTHER INFORMATION CONTACT: Ms.
Sally White, Director, International
Equivalence Staff, Office of
International Affairs; (202) 720–6400.
SUPPLEMENTARY INFORMATION:
Background
FSIS is proposing to amend the
Federal poultry products inspection
regulations to add the People’s Republic
of China to the list of countries eligible
to export processed poultry and poultry
products to the United States.
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 its implementing regulations,
poultry products imported into the
United States must be produced under
standards equivalent to those of the
United States for safety,
wholesomeness, and labeling accuracy.
Section 381.196 of Title 9 of the Code
of Federal Regulations (CFR) establishes
the procedures by which foreign
countries wanting to export poultry and
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poultry products to the United States
may become eligible to do so.
Section 381.196(a) requires that a
foreign country’s poultry inspection
system include standards equivalent to
those of the United States, and that the
legal authority for the system and its
implementing regulations be
determined 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; and (6) official controls
over condemned product.
Section 381.196 also requires that a
poultry inspection system maintained
by a foreign country, with respect to
establishments preparing products in
that country for export to the United
States, ensure that those establishments
and their poultry products comply with
requirements equivalent to the
provisions of the PPIA and the poultry
product inspection regulations. Foreign
country authorities must be able to
ensure that all certifications required
under Section 381.196 of the poultry
product inspection regulations
(Imported Products) can be relied upon
before approval to export poultry
products to the United States may be
granted. Besides relying on its initial
determination of a country’s eligibility
and performing ongoing reviews to
ensure that products shipped to the
United States are safe, wholesome and
properly labeled and packaged, FSIS
randomly samples imported poultry and
poultry products for reinspection as
they enter 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 poultry 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,
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Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
and other written materials used by the
country to operate its 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. These five risk areas,
which are the focus of the evaluation,
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/
regulations_&_policies/
equivalence_process/index.asp.
Evaluation of the People’s Republic of
China Inspection System
In response to a request from the
People’s Republic of China for approval
to export processed poultry and poultry
products to the United States, FSIS
conducted a review of the People’s
Republic of China poultry processing
inspection system to determine if it was
equivalent to the U.S. poultry
inspection system. First, FSIS compared
the People’s Republic of China’s poultry
inspection laws and regulations with
U.S. requirements. The study concluded
that the requirements contained in the
People’s Republic of China’s poultry
inspection laws and regulations are
equivalent to those mandated by the
PPIA and implementing regulations.
FSIS then conducted an on-site review
of the People’s Republic of China
poultry processing inspection system in
operation. The FSIS review team
concluded that the People’s Republic of
China’s implementation of poultry
processing standards and procedures
was equivalent to those of the United
States. The full report on People’s
Republic of China can be found on the
FSIS Web site at https://
www.fsis.usda.gov/regulations/
foreign_audit_reports/index.asp.
FSIS is proposing to allow processed
poultry products from the People’s
Republic of China to be imported into
the United States only if they are
processed in certified establishments in
the People’s Republic of China from
poultry slaughtered in certified
slaughter establishments in other
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countries eligible to export poultry to
the United States. China is not currently
eligible to export poultry products to the
United States that were slaughtered in
China’s domestic establishments, and
this rulemaking will not change its
eligibility to do so.
If this proposed rule is adopted, all
poultry products exported to the United
States from the People’s Republic of
China will be subject to reinspection at
the ports-of-entry for transportation
damage, labeling, proper certification,
general condition, and accurate count.
Other types of inspection will also be
conducted, including examining the
product for defects and performing
laboratory analyses that will detect
chemical residues on the product or
determine whether the product is
microbiologically contaminated.
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 converted to animal food.
Accordingly, FSIS is proposing to
amend § 381.196 of the Federal poultry
products inspection regulations to add
the People’s Republic of China as a
country from which processed poultry
and poultry products may be eligible for
import into the United States. As a
country eligible to export processed
poultry products to the United States,
the government of the People’s Republic
of China 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 People’s
Republic of China government are
meeting the U.S. requirements. This
would be done through annual on-site
reviews of the establishments while
they are in operation.
The Agency notes that the Animal
and Plant Health Inspection Service of
USDA has classified the People’s
Republic of China as having Avian
Influenza. Even if a foreign country is
listed in FSIS regulations as eligible to
export poultry products, those poultry
products must also comply with other
U.S. requirements. Before a shipment of
processed poultry or poultry 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 its regulations
(9 CFR part 94), APHIS sets restrictions
on the importation of any fresh, frozen,
and chilled poultry, poultry products,
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70747
and edible products from countries in
which certain animal diseases exist.
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 to
ensure that poultry and poultry
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, tracebacks, and animal
and public health emergencies to
achieve their related objectives of
reducing disease of animal and public
health concern, 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
poultry products. APHIS and FSIS
communicate regularly to ensure that
the products APHIS has restricted from
entering the United States because of
animal disease concerns are not
imported into the United States.
Economic Impact Analysis
There are 25 establishments in the
People’s Republic of China that will be
exporting product to the U.S. if this
proposal is adopted. The establishments
will export shelf stable cooked poultry
products. U.S. imports from these
establishments are expected to total less
than 2,500,000 pounds per year.
U.S. firms export large amounts of
poultry and poultry products to the
People’s Republic of China. Table A
reflects U.S. exports of poultry and
poultry products to the People’s
Republic of China for the years 1998–
2003.
Adoption of this proposed rule will
open trade between the U.S. and the
People’s Republic of China in poultry
products. The impact of this proposed
rule on U.S. consumers is voluntary in
that consumers will not be required to
purchase poultry products produced
and processed in the People’s Republic
of China, although they may choose to
do so. Expected benefits from this type
of proposed rule will accrue primarily
to consumers in the form of lower
prices. The volume of trade stimulated
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Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
by this proposed rule, however, will
likely be so small as to have little effect
on supply and prices. Consumers, apart
from any change in prices, will benefit
from increased choices in the
marketplace.
The costs of this rule will accrue
primarily to producers in the form of
greater competition from the People’s
Republic of China. Again, it must be
noted that the volume of trade
stimulated by this rule will likely be
small and have little effect on supply
and prices. Nonetheless, it is possible
that U.S. firms that produce products
that will compete with the People’s
Republic of China imports could face
short-run difficulty. However, in the
long run, such firms will likely adjust
their product mix and be able to
compete effectively.
The most significant effects of this
proposed rule will likely come through
efficiency gains. Products will only be
imported from the People’s Republic of
China if the People’s Republic of China
establishment can produce the products
more efficiently than their U.S.
counterparts. Then, U.S. firms will have
the incentive to specialize in the
production of products in which they
are relatively more efficient. In the long
run, this improved efficiency will make
U.S. producers more competitive both
domestically and internationally.
TABLE A.—U.S. EXPORTS OF POULTRY PRODUCTS TO THE PEOPLE’S REPUBLIC OF CHINA, 1998–2003
[Data shown in metric tons]
Product
1998
Poultry Meats .......................................................................................
Chickens, Fr/Froz .................................................................................
Poultry, Misc ........................................................................................
Poultry Meats, Prep .............................................................................
Turkeys, Fr/Froz ...................................................................................
Other Poultry Fr/Frz .............................................................................
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 the People’s
Republic of China to the list of countries
eligible to export Poultry products into
the United States. Once the People’s
Republic of China begins to export
poultry products into the United States,
the volume of cooked poultry products
available in the U.S. market will likely
increase by approximately 2,500,000
pounds per year. However, this small
volume of trade is unlikely to impact
the supply and prices of these products.
Therefore, the proposed action should
have no 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
poultry products to the United States
are required to provide information to
FSIS certifying that its inspection
system provides standards equivalent to
those of the United States and that the
legal authority for the system and its
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
the People’s Republic of China
questionnaires asking for detailed
information about the country’s
inspection practices and procedures to
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1999
2000
2001
2002
41493
39007.7
18391.9
46.6
2437.5
1.2
61948.9
58762.5
15603.1
1518.1
1624.7
43.6
64787.2
61181.2
16204.1
1860.9
1624
121.2
62413.8
48786.6
19110.2
8562.6
4764.1
300.4
86871.4
70670.3
13962.8
8831.4
6986.2
383.5
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 this proposed rule comes to
the attention of the public—including
minorities, women, and persons with
disabilities—FSIS will announce it online through the FSIS Web page located
at https://www.fsis.usda.gov.
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
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2003
136494.9
129617.8
47911.3
3796.6
2236.6
843.9
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
broader and more diverse audience.
In addition, FSIS offers an electronic
mail subscription service that provides
an automatic and customized
notification when popular pages are
updated, included 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
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Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules
70749
series airplanes. The NPRM was
published in the Federal Register on
June 6, 2005 (70 FR 32738). The NPRM
proposed to require replacing any
insulation blanket constructed of AN–26
with a new insulation blanket. The
NPRM action invites comments on the
overall regulatory, economic,
environmental, and energy aspects of
the proposed AD.
14 CFR Part 39
polyethyleneteraphthalate (PET) film,
ORCON Orcofilm AN–26 (hereafter
‘‘AN–26’’), with a new insulation
blanket. This reopening of the comment
period is necessary to provide
additional opportunity for public
comment on the proposed requirements
of that NPRM.
DATES: We must receive comments on
this proposed AD by February 21, 2006.
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.
• 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 FURTHER INFORMATION CONTACT: Sue
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:
[Docket No. FAA–2005–20836; Directorate
Identifier 2005–NM–028–AD]
Examining the Docket
Comments Due Date
You may 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 Docket
Management System receives them.
We must receive comments on this
AD action by February 21, 2006.
options in eight categories. Options
range from recalls to export information
to regulations, directives and notices.
Customers can add or delete
subscriptions themselves and have the
option to password protect their
accounts.
List of Subjects 9 CFR Part 381
Imported Poultry Products.
For the reasons set out in the
preamble, 9 CFR part 381 is proposed to
be amended 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 2.18, 2.53.
§ 381.196
[Amended]
2. Section 381.196 would be amended
by adding ‘‘People’s Republic of
China 2’’ in alphabetical order to the list
of countries in paragraph (b).
Done at Washington, DC on: November 17,
2005.
Barbara J. Masters,
Administrator.
[FR Doc. 05–23123 Filed 11–22–05; 8:45 am]
BILLING CODE 3410–DM–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 727–200 and 727–200F Series
Airplanes; 737–200, 737–200C, 737–
300, and 737–400 Series Airplanes;
747–100, 747–100B, 747–100B SUD,
747–200B, 747–200C, 747–200F, 747–
300, 747–400, 747SR, and 747SP Series
Airplanes; 757–200 and 757–200PF
Series Airplanes; and 767–200 and
767–300 Series Airplanes
Notice of proposed rulemaking
(NPRM); reopening of comment period.
ACTION:
This document announces a
reopening of the comment period for the
above-referenced NPRM. The NPRM
proposed the adoption of a new
airworthiness directive (AD) for certain
Boeing transport category airplanes.
That NPRM invites comments
concerning the proposed requirements
for replacing any insulation blanket
constructed of
SUMMARY:
VerDate Aug<31>2005
15:39 Nov 22, 2005
Jkt 208001
Discussion
We proposed to amend 14 CFR part
39 with a notice of proposed rulemaking
(NPRM) for an AD for certain Boeing
Model 727–200 and 727–200F series
airplanes; 737–200, 737–200C, 737–300,
and 737–400 series airplanes; 747–100,
747–100B, 747–100B SUD, 747–200B,
747–200C, 747–200F, 747–300, 747–
400, 747SR, and 747SP series airplanes;
757–200 and 757–200PF series
airplanes; and 767–200 and 767–300
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Actions Since NPRM Was Issued
Since we issued the NPRM, we have
received many comments. Most
commenters express concerns about the
unavailability of appropriate service
information and the limited number of
compliance methods. In addition,
several commenters suggest alternative
methods of compliance, but do not
provide any specific details.
It is our intent to address the
identified unsafe condition in a timely
manner, with minimum disruption to
industry, and maximum flexibility in
methods of compliance. We encourage
interested parties to continue to
evaluate the proposal and to submit
additional comments with more specific
details concerning issues that the FAA
may need to evaluate before finalizing
its decision of the proposal. We have
determined that such input may be
beneficial before adoption of a final
rule. As a result, we have decided to
reopen the comment period for 90 days
to receive additional comments.
No part of the regulatory information
has been changed; therefore, the NPRM
is not republished in the Federal
Register.
Issued in Renton, Washington, on
November 10, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–23153 Filed 11–22–05; 8:45 am]
BILLING CODE 4910–13–P
COMMODITY FUTURES TRADING
COMMISSION
17 CFR Parts 1, 145 and 147
RIN 3038–AC05
Alternative Market Risk and Credit Risk
Capital Charges for Futures
Commission Merchants and Specified
Foreign Currency Forward and
Inventory Capital Charges
Commodity Futures Trading
Commission.
AGENCY:
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]]>Agencies
[Federal Register Volume 70, Number 225 (Wednesday, November 23, 2005)]
[Proposed Rules]
[Pages 70746-70749]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23123]
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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. 225 / Wednesday, November 23, 2005 /
Proposed Rules
[[Page 70746]]
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 381
[Docket No. 05-012P]
RIN 0583-AD20
Addition of the People's Republic of China To the List of
Countries Eligible To Export Processed Poultry and 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 People's Republic of China to the list of countries eligible to
export processed poultry and poultry products to the United States.
Reviews of the People's Republic of China's laws, regulations, and
other materials show that its poultry processing system includes
requirements equivalent to all provisions in the Poultry Products
Inspection Act (PPIA) and its implementing regulations.
FSIS is proposing to allow processed poultry products from the
People's Republic of China to be imported into the United States only
if they are processed in certified establishments in the People's
Republic of China from poultry slaughtered in certified slaughter
establishments in other countries eligible to export poultry to the
United States. China is not currently eligible to export poultry
products to the United States that include birds that were slaughtered
in China's domestic establishments. Under this proposed rule, all
poultry products exported from the People's Republic of China to the
United States will be subject to reinspection at the U.S. ports-of-
entry by FSIS inspectors as required by law.
DATES: Comments must be received on or before January 23, 2006.
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. Electronic mail:
fsis.regulationscomments@fsis.usda.gov.
All submissions received must include the Agency name and docket
number 05-012P.
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 at https://www.fsis.usda.gov/regulations_&_policies/2005_
Proposed_Rules_Index/index.asp.
FOR FURTHER INFORMATION CONTACT: Ms. Sally White, Director,
International Equivalence Staff, Office of International Affairs; (202)
720-6400.
SUPPLEMENTARY INFORMATION:
Background
FSIS is proposing to amend the Federal poultry products inspection
regulations to add the People's Republic of China to the list of
countries eligible to export processed poultry and poultry products to
the United States.
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 its implementing regulations,
poultry products imported into the United States must be produced under
standards equivalent to those of the United States for safety,
wholesomeness, and labeling accuracy. Section 381.196 of Title 9 of the
Code of Federal Regulations (CFR) establishes the procedures by which
foreign countries wanting to export poultry and poultry products to the
United States may become eligible to do so.
Section 381.196(a) requires that a foreign country's poultry
inspection system include standards equivalent to those of the United
States, and that the legal authority for the system and its
implementing regulations be determined 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; and (6) official controls over condemned product.
Section 381.196 also requires that a poultry inspection system
maintained by a foreign country, with respect to establishments
preparing products in that country for export to the United States,
ensure that those establishments and their poultry products comply with
requirements equivalent to the provisions of the PPIA and the poultry
product inspection regulations. Foreign country authorities must be
able to ensure that all certifications required under Section 381.196
of the poultry product inspection regulations (Imported Products) can
be relied upon before approval to export poultry products to the United
States may be granted. Besides relying on its initial determination of
a country's eligibility and performing ongoing reviews to ensure that
products shipped to the United States are safe, wholesome and properly
labeled and packaged, FSIS randomly samples imported poultry and
poultry products for reinspection as they enter 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 poultry 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,
[[Page 70747]]
and other written materials used by the country to operate its
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. These five risk areas, which are the focus of the evaluation,
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/regulations_&_
policies/equivalence_process/index.asp.
Evaluation of the People's Republic of China Inspection System
In response to a request from the People's Republic of China for
approval to export processed poultry and poultry products to the United
States, FSIS conducted a review of the People's Republic of China
poultry processing inspection system to determine if it was equivalent
to the U.S. poultry inspection system. First, FSIS compared the
People's Republic of China's poultry inspection laws and regulations
with U.S. requirements. The study concluded that the requirements
contained in the People's Republic of China's poultry inspection laws
and regulations are equivalent to those mandated by the PPIA and
implementing regulations. FSIS then conducted an on-site review of the
People's Republic of China poultry processing inspection system in
operation. The FSIS review team concluded that the People's Republic of
China's implementation of poultry processing standards and procedures
was equivalent to those of the United States. The full report on
People's Republic of China can be found on the FSIS Web site at https://
www.fsis.usda.gov/regulations/foreign_audit_reports/index.asp.
FSIS is proposing to allow processed poultry products from the
People's Republic of China to be imported into the United States only
if they are processed in certified establishments in the People's
Republic of China from poultry slaughtered in certified slaughter
establishments in other countries eligible to export poultry to the
United States. China is not currently eligible to export poultry
products to the United States that were slaughtered in China's domestic
establishments, and this rulemaking will not change its eligibility to
do so.
If this proposed rule is adopted, all poultry products exported to
the United States from the People's Republic of China will be subject
to reinspection at the ports-of-entry for transportation damage,
labeling, proper certification, general condition, and accurate count.
Other types of inspection will also be conducted, including examining
the product for defects and performing laboratory analyses that will
detect chemical residues on the product or determine whether the
product is microbiologically contaminated.
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 converted to animal food.
Accordingly, FSIS is proposing to amend Sec. 381.196 of the
Federal poultry products inspection regulations to add the People's
Republic of China as a country from which processed poultry and poultry
products may be eligible for import into the United States. As a
country eligible to export processed poultry products to the United
States, the government of the People's Republic of China 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 People's
Republic of China government are meeting the U.S. requirements. This
would be done through annual on-site reviews of the establishments
while they are in operation.
The Agency notes that the Animal and Plant Health Inspection
Service of USDA has classified the People's Republic of China as having
Avian Influenza. Even if a foreign country is listed in FSIS
regulations as eligible to export poultry products, those poultry
products must also comply with other U.S. requirements. Before a
shipment of processed poultry or poultry 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 its regulations (9 CFR part 94),
APHIS sets restrictions on the importation of any fresh, frozen, and
chilled poultry, poultry products, and edible products from countries
in which certain animal diseases exist. 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 to ensure that poultry and poultry
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,
tracebacks, and animal and public health emergencies to achieve their
related objectives of reducing disease of animal and public health
concern, 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 poultry
products. APHIS and FSIS communicate regularly to ensure that the
products APHIS has restricted from entering the United States because
of animal disease concerns are not imported into the United States.
Economic Impact Analysis
There are 25 establishments in the People's Republic of China that
will be exporting product to the U.S. if this proposal is adopted. The
establishments will export shelf stable cooked poultry products. U.S.
imports from these establishments are expected to total less than
2,500,000 pounds per year.
U.S. firms export large amounts of poultry and poultry products to
the People's Republic of China. Table A reflects U.S. exports of
poultry and poultry products to the People's Republic of China for the
years 1998-2003.
Adoption of this proposed rule will open trade between the U.S. and
the People's Republic of China in poultry products. The impact of this
proposed rule on U.S. consumers is voluntary in that consumers will not
be required to purchase poultry products produced and processed in the
People's Republic of China, although they may choose to do so. Expected
benefits from this type of proposed rule will accrue primarily to
consumers in the form of lower prices. The volume of trade stimulated
[[Page 70748]]
by this proposed rule, however, will likely be so small as to have
little effect on supply and prices. Consumers, apart from any change in
prices, will benefit from increased choices in the marketplace.
The costs of this rule will accrue primarily to producers in the
form of greater competition from the People's Republic of China. Again,
it must be noted that the volume of trade stimulated by this rule will
likely be small and have little effect on supply and prices.
Nonetheless, it is possible that U.S. firms that produce products that
will compete with the People's Republic of China imports could face
short-run difficulty. However, in the long run, such firms will likely
adjust their product mix and be able to compete effectively.
The most significant effects of this proposed rule will likely come
through efficiency gains. Products will only be imported from the
People's Republic of China if the People's Republic of China
establishment can produce the products more efficiently than their U.S.
counterparts. Then, U.S. firms will have the incentive to specialize in
the production of products in which they are relatively more efficient.
In the long run, this improved efficiency will make U.S. producers more
competitive both domestically and internationally.
Table A.--U.S. Exports of Poultry Products to the People's Republic of China, 1998-2003
[Data shown in metric tons]
----------------------------------------------------------------------------------------------------------------
Product 1998 1999 2000 2001 2002 2003
----------------------------------------------------------------------------------------------------------------
Poultry Meats............................... 41493 61948.9 64787.2 62413.8 86871.4 136494.9
Chickens, Fr/Froz........................... 39007.7 58762.5 61181.2 48786.6 70670.3 129617.8
Poultry, Misc............................... 18391.9 15603.1 16204.1 19110.2 13962.8 47911.3
Poultry Meats, Prep......................... 46.6 1518.1 1860.9 8562.6 8831.4 3796.6
Turkeys, Fr/Froz............................ 2437.5 1624.7 1624 4764.1 6986.2 2236.6
Other Poultry Fr/Frz........................ 1.2 43.6 121.2 300.4 383.5 843.9
----------------------------------------------------------------------------------------------------------------
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 the People's Republic of
China to the list of countries eligible to export Poultry products into
the United States. Once the People's Republic of China begins to export
poultry products into the United States, the volume of cooked poultry
products available in the U.S. market will likely increase by
approximately 2,500,000 pounds per year. However, this small volume of
trade is unlikely to impact the supply and prices of these products.
Therefore, the proposed action should have no 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 poultry products to the
United States are required to provide information to FSIS certifying
that its inspection system provides standards equivalent to those of
the United States and that the legal authority for the system and its
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 the People's
Republic of China 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
this proposed rule comes to the attention of the public--including
minorities, women, and persons with disabilities--FSIS will announce it
on-line through the FSIS Web page located at https://www.fsis.usda.gov.
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
broader and more diverse audience.
In addition, FSIS offers an electronic mail subscription service
that provides an automatic and customized notification when popular
pages are updated, included 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
[[Page 70749]]
options in eight categories. Options range from recalls to export
information to regulations, directives and notices. Customers can add
or delete subscriptions themselves and have the option to password
protect their accounts.
List of Subjects 9 CFR Part 381
Imported Poultry Products.
For the reasons set out in the preamble, 9 CFR part 381 is proposed
to be amended 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 2.18,
2.53.
Sec. 381.196 [Amended]
2. Section 381.196 would be amended by adding ``People's Republic
of China 2'' in alphabetical order to the list of countries
in paragraph (b).
Done at Washington, DC on: November 17, 2005.
Barbara J. Masters,
Administrator.
[FR Doc. 05-23123 Filed 11-22-05; 8:45 am]
BILLING CODE 3410-DM-P
