Addition of the People's Republic of China to the List of Countries Eligible To Export Processed Poultry Products to the United States, 20867-20871 [06-3889]
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20867
Rules and Regulations
Federal Register
Vol. 71, No. 78
Monday, April 24, 2006
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 381
[Docket No. 05–012F; FDMS No. FSIS–2005–
0034]
RIN 0583–AD20
Addition of the People’s Republic of
China to the List of Countries Eligible
To Export Processed Poultry Products
to the United States
Food Safety and Inspection
Service, USDA.
ACTION: Final rule.
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AGENCY:
SUMMARY: The Food Safety and
Inspection Service (FSIS) is adding the
People’s Republic of China to the list of
countries eligible to export processed
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 the
provisions of the Poultry Products
Inspection Act (PPIA) and its
implementing regulations.
Processed poultry products from the
People’s Republic of China may 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. All
poultry products exported from China
must comply with all other U.S.
requirements, including the restrictions
under the Animal and Plant Health
Inspection Service (APHIS). All poultry
products exported from the People’s
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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: Effective Date: May 24, 2006.
FOR FURTHER INFORMATION CONTACT: Ms.
Sally White, Director, International
Equivalence Staff, Office of
International Affairs; (202) 720–6400.
SUPPLEMENTARY INFORMATION:
Background
On November 23, 2005, FSIS
proposed 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 products to the
United States (70 FR 70746). As
discussed in that proposed rulemaking,
in response to a request from the
People’s Republic of China for approval
to export processed poultry products to
the United States, FSIS conducted a
review of the People’s Republic of
China’s poultry processing inspection
system to determine if it was equivalent
to the U.S. poultry inspection system.
Although the People’s Republic of
China requested approval to export
processed poultry products, it will
initially only export fully cooked, shelfstable product (see 70 FR at 70747).
FSIS evaluated the People’s Republic of
China’s poultry inspection laws and
regulations and compared them with
U.S. requirements. FSIS 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 also conducted an on-site review
of the People’s Republic of China’s
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 is
equivalent to that of the United States.
The full report on the audit of the
People’s Republic of China poultry
inspection system can be found on the
FSIS Web site at https://
www.fsis.usda.gov/regulations/
foreign_audit_reports/index.asp.
Listing the People’s Republic of China
as eligible to export poultry products to
the United States would expand
international markets and enhance the
free flow of trade with the People’s
Republic of China. This rule is
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consistent with U.S. obligations under
the WTO and will support U.S. trade
initiatives and USDA’s policy with
respect to agricultural trade with the
People’s Republic of China. Under the
World Trade Organization Agreement
on the Application of Sanitary and
Phyto-Sanitary Measures, FSIS makes
equivalence determinations of the
inspection systems of foreign countries
that have requested to import meat,
poultry, or egg products 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 will certify
to FSIS those establishments wishing to
export such products to the U.S. and
operating according to U.S.
requirements. FSIS will retain the right
to verify that establishments certified by
the government of the People’s Republic
of China government are meeting the
U.S. requirements. This will be done
through on-site reviews of the
establishments while they are in
operation.
Products from a country eligible to
export poultry products must also
comply with all other U.S.
requirements, including those of the
U.S. Customs and Border Protection and
the restrictions under Title 9, part 94 of
the (APHIS) regulations that relate to the
importation of poultry and poultry
products from foreign countries into the
United States. APHIS has classified
China as a region where the highly
pathogenic avian influenza (HPAI)
subtype H5N1 is considered to exist (9
CFR 94.6(d)). 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. 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.
Response to Comments
FSIS received 34 comments in
response to the proposed rule.
Commenters included individual U.S.
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citizens, the U.S. poultry industry, the
South Dakota Department of
Agriculture, and the South Dakota
Animal Industry Board. FSIS also
received a comment from the China
Chamber of Commerce for Import/
Export of Food Stuffs, Native Produce
and Animal By-Products, and comments
from individuals from the People’s
Republic of China and from the Chinese
food industry.
In addition, the Department of
Agriculture received 5 letters from
members of Congress opposed to the
rule. The Department also received 6
letters from members of Congress that
forwarded letters from their constituents
concerning the proposal.
The China Chamber of Commerce for
Import/Export of Food Stuffs, Native
Produce and Animal By-Products and
other comments from individuals and
food industry representatives from the
People’s Republic of China supported
the proposed rule. All other commenters
opposed adding the People’s Republic
of China to the list of countries eligible
to export processed poultry products to
the United States.
Comment: Most commenters opposed
to the rule stated that China should not
be added to the list of countries eligible
to export processed poultry and poultry
products to the United States because of
outbreaks of the infectious H5N1 strain
of avian influenza in the country’s
poultry.
Response: USDA has determined that
this rule will not adversely affect human
health. FSIS is relying on a systematic
equivalence determination of the
poultry processing system in China to
ensure the processing procedures in
place in China are adequate to destroy
the avian influenza virus in the
preparation of shelf-stable, fully cooked
poultry products.
Additionally, USDA has determined
this rule will not adversely affect animal
health. APHIS is the USDA Agency
primarily responsible for preventing the
introduction and dissemination of
foreign animal diseases into the United
States. Under Title 9, part 94 of its
regulations (9 CFR 94), APHIS sets
restrictions on the importation of certain
fresh, frozen, and chilled poultry,
poultry products, and edible products
from countries in which certain animal
diseases exist. APHIS has classified
China as a region where the highly
pathogenic avian influenza (HPAI)
subtype H5N1 is considered to exist (9
CFR 94.6(d)). In addition, the United
States Department of Health and Human
Service, Centers for Disease Control and
Prevention, restricts the entry of birds
and unprocessed bird products from
China because of concerns over the
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human health risks these items may
pose (42 CFR 71.32(b), emergency order
dated February 4, 2004). Even if a
foreign country is listed in FSIS
regulations as eligible to export poultry
products, those poultry products must
also comply with all other applicable
U.S. requirements. Before a shipment of
processed poultry or poultry products
may be presented for reinspection at the
port of entry by FSIS, it must have first
met the requirements for both U.S.
Customs and Border Protection and
APHIS. Therefore, because APHIS has
classified China as a region where the
highly pathogenic avian influenza
(HPAI) subtype H5N1 is considered to
exist (9 CFR 94.6(d)), APHIS has
restricted the importation of fresh,
frozen, and chilled poultry, and poultry
products to protect animal health in the
United States. China’s slaughter
establishments have not at this time
been determined equivalent for the
slaughtering of poultry intended to be
processed in China as shelf-stable, fully
cooked poultry.
Comment: Commenters opposed to
the rule questioned how FSIS will
ensure that poultry products processed
in China for export to the United States
will contain no poultry that was raised
or slaughtered in China. Similarly,
several commenters questioned whether
FSIS can be certain that poultry plants
in China are consistently cooking their
products sufficiently to kill the avian
influenza virus, that no improperly
cooked poultry products will be
shipped to the U.S., and that adequate
safety measures are in place to
guarantee that poultry sent to China for
processing would be safe for
consumption in the U.S. A commenter
stated that annual inspections will do
very little to make certain that Chinese
plants meet U.S. requirements for
exporting their product to the U.S. One
commenter was concerned that shipping
containers could contain microbes that
should not be transferred into the U.S.
Response: Under FSIS’ regulations,
maintenance of eligibility of a country
for importation of poultry products into
the United States depends on the results
of FSIS’ periodic reviews (audits) of the
foreign poultry inspection system in
operation, and the timely submission of
such documents and other information
related to the conduct of the foreign
inspection system as FSIS may find
pertinent to and necessary for the
determinations concerning a foreign
country’s eligibility (§ 381.196(a)(2)(iii)).
These are standard procedures that FSIS
carries out for all countries for
continuing evaluation of equivalence.
These are similar to the procedures used
by other countries in evaluating foreign
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systems for equivalency and continuing
eligibility. The process inherently has
the ability to adjust verification scope
and frequency based on findings.
Equivalency requirements for the
sanitary handling of product must be
maintained to ensure that product is
protected during processing, handling,
storage, loading and unloading, at and
during transportation from official
establishments.
Under the regulations, only those
establishments that an official of the
People’s Republic of China’s poultry
inspection system certifies as fully
complying with requirements
equivalent to the provisions of the PPIA
and the regulations issued thereunder
will be eligible to have their products
imported to the United States. The
People’s Republic of China will be
required to renew these certifications
annually (§ 381.196(a)(3)). China has
agreed that it will require, and have
procedures in place to ensure, that there
is separation by time or space of product
destined for export to the United States
separate from product intended for
distribution domestically. Appropriate
records will be available for audit by
U.S. officials.
During FSIS’ audits of certified
establishments in the People’s Republic
of China, FSIS will review records,
including supplier sheets and import
and export records, to determine the
origin of incoming poultry product
received for further processing and the
final destination of the product.
Through these audits, FSIS will verify
that any poultry product received for
further processing in a certified
establishment and ultimately exported
to the U.S. was derived from poultry
slaughtered in certified slaughter
establishments in other countries
eligible to export poultry to the United
States.
The regulations also require that a
foreign inspection system, such as that
in the People’s Republic of China,
maintains a program to assure that the
requirements equivalent to those in the
U.S. are met. To assure that these
requirements are being met, the
regulations require that a representative
of the foreign inspection system
periodically visit each establishment
certified as complying with
requirements equivalent to those of the
PPIA and implementing regulations.
The regulations also require that this
representative prepare written reports
documenting findings concerning
requirements equivalent to those of the
poultry inspection system in the United
States (§ 381.196(a)(2)(iv)). FSIS will
evaluate these reports during audits.
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Furthermore, each consignment
containing any slaughtered poultry or
other poultry product consigned to the
United States from a foreign country,
such as the People’s Republic of China,
must be accompanied with a foreign
inspection certificate that certifies that
the products are sound, healthful,
wholesome, clean and otherwise fit for
human food; are not adulterated and
have not been treated with and do not
contain any dye, chemical, preservative,
or ingredient not permitted by FSIS’
regulations; that the poultry products
have been handled only in a sanitary
manner in the foreign country; and are
otherwise in compliance with
requirements at least equal to those in
the PPIA and FSIS’ regulations
(§ 381.197). Thus, a representative of the
Chinese government must certify that
the product is not adulterated and has
undergone adequate cooking and
processing.
In addition to relying on its initial
determination of a country’s eligibility
and performing ongoing reviews to
ensure that products shipped to the U.S.
are safe, wholesome and properly
labeled and packaged, 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.
Comment: One commenter questioned
whether FSIS will visit each Chinese
plant annually. This same commenter
stated that the USDA’s Office of
Inspector General (OIG) found that
problems identified by FSIS in Canada’s
meat and poultry inspection system
went uncorrected for two years or more.
Another commenter stated that an
initial FSIS equivalence audit of the
People’s Republic of China revealed
numerous serious deficiencies involving
sanitation, cross contamination, and
complete failure to understand FSIS’
requirements.
Response: The final report regarding
FSIS’ audit of the People’s Republic of
China is found at https://
www.fsis.usda.gov/regulations/
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foreign_audit_reports/index.asp. This
report highlights that the predominance
of deficiencies were in slaughter
facilities. However, this rule addresses
the segment of the industry that is
responsible for further processing of
poultry. The few deficiencies that were
identified in further processing were
corrected by China and detailed
corrective action plans were submitted
by the Chinese government to FSIS.
Regarding the violations that were
found in the slaughter plants, the
Chinese government continues to work
with FSIS. Therefore, no equivalency
determination has been made at this
time for the slaughter segment of the
system. The final report does indicate
that the People’s Republic of China’s
implementation of poultry processing
standards and procedures for fully
cooked, shelf stable processed poultry
products are equivalent to those of the
United States. The OIG findings
concerning Canada’s meat and poultry
inspection system are not related to
FSIS’ audits of the People’s Republic of
China.
During audits of the People’s Republic
of China’s inspection system, FSIS will
conduct at least annual random audits
of the establishments certified by the
People’s Republic of China as
complying with requirements
equivalent to those in the PPIA and
implementing regulations. While every
establishment may not be visited
annually, FSIS will conduct audits of
one or more establishments annually or
when deemed necessary. FSIS
determines which establishments to
visit based on performance history from
re-inspection at import, audit history,
information from other Federal
agencies, and number of certified
establishments.
Comment: Several commenters
expressed concerns regarding reports of
illegal smuggling of poultry products
from China and other areas affected by
avian flu.
Response: This rule is not expected to
have any impact on illegal entry of
products. The U.S. Customs and Border
Protection, rather than FSIS, addresses
smuggling. U.S. Customs and Border
Protection works closely with FSIS on
identifying illegal entry products and
other ineligible products. Additionally,
U.S. Customs and Border Protection
serves as a first line of defense for all
products entering the country. Products
are first presented to U.S. Customs and
Border Protection and if products are
found to contain amenable product,
FSIS is notified as appropriate.
Comment: Numerous commenters
objected to the rule for economic
reasons. Commenters stated that the
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public perception of poultry imports
from China and other Asian countries
has been extremely negative and that
the rule could undermine U.S.
consumers’ confidence in poultry
products. Several commenters stated
that the proposal could negatively affect
the U.S. poultry industry, particularly
the smaller sectors of the U.S. poultry
industry, such as duck, goose, and
squab. According to these commenters,
low grade Chinese products are
produced at a fraction of the price of
U.S. products because of lower wages
and benefits. Some commenters stated
that FSIS underestimated the volume of
product that would be imported into the
U.S. from the People’s Republic of
China.
One commenter that supported the
rule stated that the benefits outlined in
the proposal have been severely
understated. This commenter opined
that the rule would bring about greater
competition and efficiency within the
industry and lower prices for
consumers.
Response: Import quotas cannot be
established to limit the potential
economic impacts speculated upon by
certain of the commenters. Economic
and market realities, however, make it
very unlikely that substantially larger
amounts of processed poultry product
than those estimated in the preliminary
analysis would be available for the
People’s Republic of China to export to
the U.S. The People’s Republic of
China’s internal market is experiencing
a major growth in demand for poultry
that is unlikely to abate for some time.
The main prospective growth area for
the People’s Republic of China’s
agricultural exports is East Asia rather
than North America. Energy costs,
predicted to rise steadily in the
foreseeable future, would also limit the
economic capability of the People’s
Republic of China to export significant
amounts of processed poultry product to
the U.S. However, in response to
comments that stated that the
preliminary analysis underestimated the
volume of product that would be
imported from the People’s Republic of
China, FSIS estimated a range for the
volume of fully cooked, shelf-stable
poultry product that would be imported
into the U.S. from the People’s Republic
of China. In the final analysis, FSIS
estimates that the volume of imported
poultry product from China would
range from 2,500,000 pounds (1,134
metric tons) to 6,250,000 pounds (2,835
metric tons) per year, for the next four
years. Then, the growth would likely
level off. The annual volume of
imported poultry product from China
would range from approximately 0.007
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percent to 0.018 percent of the total
poultry products production in the U.S.
Although U.S. firms that produce
products such as duck and geese
products may compete with the People’s
Republic of China’s imports and could
conceivably face short-run difficulty,
such firms will likely adjust their
product mix and be able to compete
effectively.
FSIS does not believe that this rule
will adversely affect the U.S. poultry
industry, because the volume of trade
that results from this rule will likely be
small and have little effect on supply
and prices or on U.S. consumers’
confidence in poultry products. In
addition, consumers will not be
required to purchase poultry products
produced and processed in the People’s
Republic of China.
FSIS does not believe that it
underestimated the benefits in the
preliminary analysis. The preliminary
and final analyses recognize that the any
significant effects of the rule will come
through efficiency gains.
Comment: One commenter stated that
the proposed rule was not disclosed to
the public. Another commenter stated
that the proposal was not given the
public exposure that it warranted.
Response: The proposed rule was
published in the Federal Register. In
addition, FSIS made the proposed rule
available on its Web site. FSIS also
made copies of the proposal available
through the FSIS Constituent Update,
which is used to provide information
regarding FSIS policies, procedures, and
regulations that could affect or would be
of interest to FSIS’’ constituents and
stakeholders.
Comment: One commenter was
opposed to allowing any foreign country
to process food products for the U.S.,
several commenters recommended
requiring country of origin labeling, and
one comment stated that Chinese
companies that do business with the
U.S. should practice humane handling
of poultry.
Response: These comments were
beyond the scope of this regulation.
They are not being addressed in the
regulation, but the Agency appreciates
the comments.
Executive Order 12866 and Regulatory
Flexibility Act
This rule was reviewed by the Office
of Management and Budget under
Executive Order 12866 and was
determined to be significant.
There are 10 to 25 establishments
(based on recent information from the
U.S. Embassy in Beijing, China) in the
People’s Republic of China that may be
exporting product to the U.S. when this
rule is effective. The establishments will
export shelf-stable, fully cooked poultry
products. U.S. imports from these
establishments are expected to total
2,500,000 pounds (1,134 metric tons) to
6,250,000 pounds (2,835 metric tons)
per year, for the next four years. Then,
the growth would likely level off. In
2005, the U.S. produced about
35,365,000,000 pounds (16,041,459
metric tons) of poultry products. Thus,
the annual volume of imported poultry
product from China would range from
0.007 percent (1,134.0 metric tons/
16,041,459 metric tons) to 0.018 percent
(2,835 metric tons/16,041,459 metric
tons) of the poultry products production
in the U.S.
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.
This final rule will facilitate trade
between the U.S. and the People’s
Republic of China in poultry products
in a manner consistent with U.S.
obligations under the WTO, which will
result in benefits. U.S. 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 rule will
theoretically accrue to consumers in the
form of lower prices. The volume of
trade stimulated by this rule, however,
will likely be so small as to have little
effect on supply and prices. Consumers,
apart from any change in prices, will
also benefit from increased choices in
the marketplace.
The costs of this rule will
theoretically accrue 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,
such as duck and geese products, that
will compete with the People’s Republic
of China imports could face increased
competition. However, in the long run,
such firms will likely adjust their
product mix and be able to compete
effectively.
Any significant benefits of this rule
will likely come through efficiency
gains and potentially greater choice of
products for consumers. FSIS reviewed
the costs and benefits of the rule and
determined that benefits will outweigh
costs. The rule will not affect the safety
of poultry products consumed in the
U.S. Products will only be imported
from the People’s Republic of China if
the People’s Republic of China
establishments 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
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Poultry Meats ...................................................................
Chickens, Fresh/Frozen ...................................................
Poultry, Misc ....................................................................
Poultry Meats, Prep .........................................................
Turkeys, Fresh/Frozen .....................................................
Other Poultry Fresh/Frozen .............................................
The data in Table A have been
compiled from tariff and trade data from
the U.S. Department of Commerce and
the U.S. International Trade
Commission.
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16:09 Apr 21, 2006
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1999
2000
2001
2002
2003
41493.0
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
1624.0
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
136494.9
129617.8
47911.3
3796.6
2236.6
843.9
Effect on Small Entities
The Administrator, FSIS, has
determined that this final rule will not
have a significant impact on a
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substantial number of small entities, as
defined by the Regulatory Flexibility
Act (5 U.S.C. 601). This rule would add
the People’s Republic of China to the
list of countries eligible to export
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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 shelfstable, fully cooked poultry products
available in the U.S. market will likely
increase by approximately 2,500,000
pounds (1,134.0 metric tons) to
6,250,000 pounds (2,835 metric tons)
per year. However, this small volume of
trade is unlikely to impact the supply
and prices of these products. Therefore,
this rule 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 final 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 rule contains no other
paperwork requirements.
rwilkins on PROD1PC63 with RULES
Executive Order 12988
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. When this final 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 final 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/
regulations_&_policies/
2006_Interim_&_Final_Rules_Index/
index.asp.
The Regulations.gov Web site is the
central online rulemaking portal of the
United States government. It is being
VerDate Aug<31>2005
16:09 Apr 21, 2006
Jkt 208001
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 e-mail
subscription service that provides
automatic and customized access to
selected food safety news and
information. This service is available at
https://www.fsis.usda.gov/
news_and_events/email_subscription/.
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
Imports, Intergovernmental relations,
Poultry and poultry products.
I For the reasons set out in the
preamble, FSIS is amending 9 CFR part
381 as follows:
PART 381—IMPORTED POULTRY
PRODUCTS
1. The authority citation for part 381
continues to read as follows:
I
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 is amended by
adding ‘‘People’s Republic of China2’’ in
alphabetical order to the list of countries
in paragraph (b).
I
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
20871
Done at Washington, DC, on: April 20,
2006.
Barbara J. Masters,
Administrator.
[FR Doc. 06–3889 Filed 4–20–06; 10:16 am]
BILLING CODE 3410–DM–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2006–23713; Airspace
Docket No. 06–AAL–06]
Revision of Class E Airspace; Togiak
Village, AK
Federal Aviation
Administration (FAA), DOT.
ACTION: Final Rule.
AGENCY:
SUMMARY: This action revises Class E
airspace at Togiak Village, AK to
provide adequate controlled airspace to
contain aircraft executing two new and
two amended Standard Instrument
Approach Procedures (SIAPs). This rule
results in revised Class E airspace
established upward from 700 feet (ft.)
above the surface at Togiak Village, AK.
EFFECTIVE DATE: 0901 UTC, August 3,
2006.
Gary
Rolf, AAL–538G, Federal Aviation
Administration, 222 West 7th Avenue,
Box 14, Anchorage, AK 99513–7587;
telephone number (907) 271–5898; fax:
(907) 271–2850; e-mail:
gary.ctr.rolf@faa.gov. Internet address:
https://www.alaska.faa.gov/at.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
History
On Wednesday, February 15, 2006,
the FAA proposed to amend part 71 of
the Federal Aviation Regulations (14
CFR part 71) to revise Class E airspace
upward from 700 ft. above the surface
at Togiak, AK (71 FR 7888). The action
was proposed in order to create Class E
airspace sufficient in size to contain
aircraft while executing two new and
two amended SIAPs for the Togiak
Airport. For clarification, the airspace
action title uses the term ‘‘Togiak
Village’’ after the town’s name, and the
airport name is ‘‘Togiak Airport’’. The
amended approaches are (1) Non
Directional Beacon (NDB)/Distance
Measuring Equipment (DME)–A,
Amendment (Amdt) 1 and (2) NDB–B,
Amdt 1. The new approaches are (1)
Area Navigation (Global Positioning
System) (RNAV (GPS)) RWY 03,
Original; and (2) RNAV (GPS) RWY 21,
Original. Class E controlled airspace
E:\FR\FM\24APR1.SGM
24APR1
]]>Agencies
[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)]
[Rules and Regulations]
[Pages 20867-20871]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3889]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Rules
and Regulations
[[Page 20867]]
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 381
[Docket No. 05-012F; FDMS No. FSIS-2005-0034]
RIN 0583-AD20
Addition of the People's Republic of China to the List of
Countries Eligible To Export Processed Poultry Products to the United
States
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Food Safety and Inspection Service (FSIS) is adding the
People's Republic of China to the list of countries eligible to export
processed 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 the provisions of the Poultry Products Inspection Act
(PPIA) and its implementing regulations.
Processed poultry products from the People's Republic of China may
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. All
poultry products exported from China must comply with all other U.S.
requirements, including the restrictions under the Animal and Plant
Health Inspection Service (APHIS). 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: Effective Date: May 24, 2006.
FOR FURTHER INFORMATION CONTACT: Ms. Sally White, Director,
International Equivalence Staff, Office of International Affairs; (202)
720-6400.
SUPPLEMENTARY INFORMATION:
Background
On November 23, 2005, FSIS proposed 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 products
to the United States (70 FR 70746). As discussed in that proposed
rulemaking, in response to a request from the People's Republic of
China for approval to export processed poultry products to the United
States, FSIS conducted a review of the People's Republic of China's
poultry processing inspection system to determine if it was equivalent
to the U.S. poultry inspection system. Although the People's Republic
of China requested approval to export processed poultry products, it
will initially only export fully cooked, shelf-stable product (see 70
FR at 70747). FSIS evaluated the People's Republic of China's poultry
inspection laws and regulations and compared them with U.S.
requirements. FSIS 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 also conducted an on-site review of the People's
Republic of China's 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 is
equivalent to that of the United States. The full report on the audit
of the People's Republic of China poultry inspection system can be
found on the FSIS Web site at https://www.fsis.usda.gov/regulations/
foreign_audit_reports/index.asp.
Listing the People's Republic of China as eligible to export
poultry products to the United States would expand international
markets and enhance the free flow of trade with the People's Republic
of China. This rule is consistent with U.S. obligations under the WTO
and will support U.S. trade initiatives and USDA's policy with respect
to agricultural trade with the People's Republic of China. Under the
World Trade Organization Agreement on the Application of Sanitary and
Phyto-Sanitary Measures, FSIS makes equivalence determinations of the
inspection systems of foreign countries that have requested to import
meat, poultry, or egg products 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 will
certify to FSIS those establishments wishing to export such products to
the U.S. and operating according to U.S. requirements. FSIS will retain
the right to verify that establishments certified by the government of
the People's Republic of China government are meeting the U.S.
requirements. This will be done through on-site reviews of the
establishments while they are in operation.
Products from a country eligible to export poultry products must
also comply with all other U.S. requirements, including those of the
U.S. Customs and Border Protection and the restrictions under Title 9,
part 94 of the (APHIS) regulations that relate to the importation of
poultry and poultry products from foreign countries into the United
States. APHIS has classified China as a region where the highly
pathogenic avian influenza (HPAI) subtype H5N1 is considered to exist
(9 CFR 94.6(d)). 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. 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.
Response to Comments
FSIS received 34 comments in response to the proposed rule.
Commenters included individual U.S.
[[Page 20868]]
citizens, the U.S. poultry industry, the South Dakota Department of
Agriculture, and the South Dakota Animal Industry Board. FSIS also
received a comment from the China Chamber of Commerce for Import/Export
of Food Stuffs, Native Produce and Animal By-Products, and comments
from individuals from the People's Republic of China and from the
Chinese food industry.
In addition, the Department of Agriculture received 5 letters from
members of Congress opposed to the rule. The Department also received 6
letters from members of Congress that forwarded letters from their
constituents concerning the proposal.
The China Chamber of Commerce for Import/Export of Food Stuffs,
Native Produce and Animal By-Products and other comments from
individuals and food industry representatives from the People's
Republic of China supported the proposed rule. All other commenters
opposed adding the People's Republic of China to the list of countries
eligible to export processed poultry products to the United States.
Comment: Most commenters opposed to the rule stated that China
should not be added to the list of countries eligible to export
processed poultry and poultry products to the United States because of
outbreaks of the infectious H5N1 strain of avian influenza in the
country's poultry.
Response: USDA has determined that this rule will not adversely
affect human health. FSIS is relying on a systematic equivalence
determination of the poultry processing system in China to ensure the
processing procedures in place in China are adequate to destroy the
avian influenza virus in the preparation of shelf-stable, fully cooked
poultry products.
Additionally, USDA has determined this rule will not adversely
affect animal health. APHIS is the USDA Agency primarily responsible
for preventing the introduction and dissemination of foreign animal
diseases into the United States. Under Title 9, part 94 of its
regulations (9 CFR 94), APHIS sets restrictions on the importation of
certain fresh, frozen, and chilled poultry, poultry products, and
edible products from countries in which certain animal diseases exist.
APHIS has classified China as a region where the highly pathogenic
avian influenza (HPAI) subtype H5N1 is considered to exist (9 CFR
94.6(d)). In addition, the United States Department of Health and Human
Service, Centers for Disease Control and Prevention, restricts the
entry of birds and unprocessed bird products from China because of
concerns over the human health risks these items may pose (42 CFR
71.32(b), emergency order dated February 4, 2004). Even if a foreign
country is listed in FSIS regulations as eligible to export poultry
products, those poultry products must also comply with all other
applicable U.S. requirements. Before a shipment of processed poultry or
poultry products may be presented for reinspection at the port of entry
by FSIS, it must have first met the requirements for both U.S. Customs
and Border Protection and APHIS. Therefore, because APHIS has
classified China as a region where the highly pathogenic avian
influenza (HPAI) subtype H5N1 is considered to exist (9 CFR 94.6(d)),
APHIS has restricted the importation of fresh, frozen, and chilled
poultry, and poultry products to protect animal health in the United
States. China's slaughter establishments have not at this time been
determined equivalent for the slaughtering of poultry intended to be
processed in China as shelf-stable, fully cooked poultry.
Comment: Commenters opposed to the rule questioned how FSIS will
ensure that poultry products processed in China for export to the
United States will contain no poultry that was raised or slaughtered in
China. Similarly, several commenters questioned whether FSIS can be
certain that poultry plants in China are consistently cooking their
products sufficiently to kill the avian influenza virus, that no
improperly cooked poultry products will be shipped to the U.S., and
that adequate safety measures are in place to guarantee that poultry
sent to China for processing would be safe for consumption in the U.S.
A commenter stated that annual inspections will do very little to make
certain that Chinese plants meet U.S. requirements for exporting their
product to the U.S. One commenter was concerned that shipping
containers could contain microbes that should not be transferred into
the U.S.
Response: Under FSIS' regulations, maintenance of eligibility of a
country for importation of poultry products into the United States
depends on the results of FSIS' periodic reviews (audits) of the
foreign poultry inspection system in operation, and the timely
submission of such documents and other information related to the
conduct of the foreign inspection system as FSIS may find pertinent to
and necessary for the determinations concerning a foreign country's
eligibility (Sec. 381.196(a)(2)(iii)). These are standard procedures
that FSIS carries out for all countries for continuing evaluation of
equivalence. These are similar to the procedures used by other
countries in evaluating foreign systems for equivalency and continuing
eligibility. The process inherently has the ability to adjust
verification scope and frequency based on findings.
Equivalency requirements for the sanitary handling of product must
be maintained to ensure that product is protected during processing,
handling, storage, loading and unloading, at and during transportation
from official establishments.
Under the regulations, only those establishments that an official
of the People's Republic of China's poultry inspection system certifies
as fully complying with requirements equivalent to the provisions of
the PPIA and the regulations issued thereunder will be eligible to have
their products imported to the United States. The People's Republic of
China will be required to renew these certifications annually (Sec.
381.196(a)(3)). China has agreed that it will require, and have
procedures in place to ensure, that there is separation by time or
space of product destined for export to the United States separate from
product intended for distribution domestically. Appropriate records
will be available for audit by U.S. officials.
During FSIS' audits of certified establishments in the People's
Republic of China, FSIS will review records, including supplier sheets
and import and export records, to determine the origin of incoming
poultry product received for further processing and the final
destination of the product. Through these audits, FSIS will verify that
any poultry product received for further processing in a certified
establishment and ultimately exported to the U.S. was derived from
poultry slaughtered in certified slaughter establishments in other
countries eligible to export poultry to the United States.
The regulations also require that a foreign inspection system, such
as that in the People's Republic of China, maintains a program to
assure that the requirements equivalent to those in the U.S. are met.
To assure that these requirements are being met, the regulations
require that a representative of the foreign inspection system
periodically visit each establishment certified as complying with
requirements equivalent to those of the PPIA and implementing
regulations. The regulations also require that this representative
prepare written reports documenting findings concerning requirements
equivalent to those of the poultry inspection system in the United
States (Sec. 381.196(a)(2)(iv)). FSIS will evaluate these reports
during audits.
[[Page 20869]]
Furthermore, each consignment containing any slaughtered poultry or
other poultry product consigned to the United States from a foreign
country, such as the People's Republic of China, must be accompanied
with a foreign inspection certificate that certifies that the products
are sound, healthful, wholesome, clean and otherwise fit for human
food; are not adulterated and have not been treated with and do not
contain any dye, chemical, preservative, or ingredient not permitted by
FSIS' regulations; that the poultry products have been handled only in
a sanitary manner in the foreign country; and are otherwise in
compliance with requirements at least equal to those in the PPIA and
FSIS' regulations (Sec. 381.197). Thus, a representative of the
Chinese government must certify that the product is not adulterated and
has undergone adequate cooking and processing.
In addition to relying on its initial determination of a country's
eligibility and performing ongoing reviews to ensure that products
shipped to the U.S. are safe, wholesome and properly labeled and
packaged, 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.
Comment: One commenter questioned whether FSIS will visit each
Chinese plant annually. This same commenter stated that the USDA's
Office of Inspector General (OIG) found that problems identified by
FSIS in Canada's meat and poultry inspection system went uncorrected
for two years or more. Another commenter stated that an initial FSIS
equivalence audit of the People's Republic of China revealed numerous
serious deficiencies involving sanitation, cross contamination, and
complete failure to understand FSIS' requirements.
Response: The final report regarding FSIS' audit of the People's
Republic of China is found at https://www.fsis.usda.gov/regulations/
foreign_audit_reports/index.asp. This report highlights that the
predominance of deficiencies were in slaughter facilities. However,
this rule addresses the segment of the industry that is responsible for
further processing of poultry. The few deficiencies that were
identified in further processing were corrected by China and detailed
corrective action plans were submitted by the Chinese government to
FSIS. Regarding the violations that were found in the slaughter plants,
the Chinese government continues to work with FSIS. Therefore, no
equivalency determination has been made at this time for the slaughter
segment of the system. The final report does indicate that the People's
Republic of China's implementation of poultry processing standards and
procedures for fully cooked, shelf stable processed poultry products
are equivalent to those of the United States. The OIG findings
concerning Canada's meat and poultry inspection system are not related
to FSIS' audits of the People's Republic of China.
During audits of the People's Republic of China's inspection
system, FSIS will conduct at least annual random audits of the
establishments certified by the People's Republic of China as complying
with requirements equivalent to those in the PPIA and implementing
regulations. While every establishment may not be visited annually,
FSIS will conduct audits of one or more establishments annually or when
deemed necessary. FSIS determines which establishments to visit based
on performance history from re-inspection at import, audit history,
information from other Federal agencies, and number of certified
establishments.
Comment: Several commenters expressed concerns regarding reports of
illegal smuggling of poultry products from China and other areas
affected by avian flu.
Response: This rule is not expected to have any impact on illegal
entry of products. The U.S. Customs and Border Protection, rather than
FSIS, addresses smuggling. U.S. Customs and Border Protection works
closely with FSIS on identifying illegal entry products and other
ineligible products. Additionally, U.S. Customs and Border Protection
serves as a first line of defense for all products entering the
country. Products are first presented to U.S. Customs and Border
Protection and if products are found to contain amenable product, FSIS
is notified as appropriate.
Comment: Numerous commenters objected to the rule for economic
reasons. Commenters stated that the public perception of poultry
imports from China and other Asian countries has been extremely
negative and that the rule could undermine U.S. consumers' confidence
in poultry products. Several commenters stated that the proposal could
negatively affect the U.S. poultry industry, particularly the smaller
sectors of the U.S. poultry industry, such as duck, goose, and squab.
According to these commenters, low grade Chinese products are produced
at a fraction of the price of U.S. products because of lower wages and
benefits. Some commenters stated that FSIS underestimated the volume of
product that would be imported into the U.S. from the People's Republic
of China.
One commenter that supported the rule stated that the benefits
outlined in the proposal have been severely understated. This commenter
opined that the rule would bring about greater competition and
efficiency within the industry and lower prices for consumers.
Response: Import quotas cannot be established to limit the
potential economic impacts speculated upon by certain of the
commenters. Economic and market realities, however, make it very
unlikely that substantially larger amounts of processed poultry product
than those estimated in the preliminary analysis would be available for
the People's Republic of China to export to the U.S. The People's
Republic of China's internal market is experiencing a major growth in
demand for poultry that is unlikely to abate for some time. The main
prospective growth area for the People's Republic of China's
agricultural exports is East Asia rather than North America. Energy
costs, predicted to rise steadily in the foreseeable future, would also
limit the economic capability of the People's Republic of China to
export significant amounts of processed poultry product to the U.S.
However, in response to comments that stated that the preliminary
analysis underestimated the volume of product that would be imported
from the People's Republic of China, FSIS estimated a range for the
volume of fully cooked, shelf-stable poultry product that would be
imported into the U.S. from the People's Republic of China. In the
final analysis, FSIS estimates that the volume of imported poultry
product from China would range from 2,500,000 pounds (1,134 metric
tons) to 6,250,000 pounds (2,835 metric tons) per year, for the next
four years. Then, the growth would likely level off. The annual volume
of imported poultry product from China would range from approximately
0.007
[[Page 20870]]
percent to 0.018 percent of the total poultry products production in
the U.S. Although U.S. firms that produce products such as duck and
geese products may compete with the People's Republic of China's
imports and could conceivably face short-run difficulty, such firms
will likely adjust their product mix and be able to compete
effectively.
FSIS does not believe that this rule will adversely affect the U.S.
poultry industry, because the volume of trade that results from this
rule will likely be small and have little effect on supply and prices
or on U.S. consumers' confidence in poultry products. In addition,
consumers will not be required to purchase poultry products produced
and processed in the People's Republic of China.
FSIS does not believe that it underestimated the benefits in the
preliminary analysis. The preliminary and final analyses recognize that
the any significant effects of the rule will come through efficiency
gains.
Comment: One commenter stated that the proposed rule was not
disclosed to the public. Another commenter stated that the proposal was
not given the public exposure that it warranted.
Response: The proposed rule was published in the Federal Register.
In addition, FSIS made the proposed rule available on its Web site.
FSIS also made copies of the proposal available through the FSIS
Constituent Update, which is used to provide information regarding FSIS
policies, procedures, and regulations that could affect or would be of
interest to FSIS'' constituents and stakeholders.
Comment: One commenter was opposed to allowing any foreign country
to process food products for the U.S., several commenters recommended
requiring country of origin labeling, and one comment stated that
Chinese companies that do business with the U.S. should practice humane
handling of poultry.
Response: These comments were beyond the scope of this regulation.
They are not being addressed in the regulation, but the Agency
appreciates the comments.
Executive Order 12866 and Regulatory Flexibility Act
This rule was reviewed by the Office of Management and Budget under
Executive Order 12866 and was determined to be significant.
There are 10 to 25 establishments (based on recent information from
the U.S. Embassy in Beijing, China) in the People's Republic of China
that may be exporting product to the U.S. when this rule is effective.
The establishments will export shelf-stable, fully cooked poultry
products. U.S. imports from these establishments are expected to total
2,500,000 pounds (1,134 metric tons) to 6,250,000 pounds (2,835 metric
tons) per year, for the next four years. Then, the growth would likely
level off. In 2005, the U.S. produced about 35,365,000,000 pounds
(16,041,459 metric tons) of poultry products. Thus, the annual volume
of imported poultry product from China would range from 0.007 percent
(1,134.0 metric tons/16,041,459 metric tons) to 0.018 percent (2,835
metric tons/16,041,459 metric tons) of the poultry products production
in the U.S.
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.
This final rule will facilitate trade between the U.S. and the
People's Republic of China in poultry products in a manner consistent
with U.S. obligations under the WTO, which will result in benefits.
U.S. 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 rule will
theoretically accrue to consumers in the form of lower prices. The
volume of trade stimulated by this rule, however, will likely be so
small as to have little effect on supply and prices. Consumers, apart
from any change in prices, will also benefit from increased choices in
the marketplace.
The costs of this rule will theoretically accrue 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, such
as duck and geese products, that will compete with the People's
Republic of China imports could face increased competition. However, in
the long run, such firms will likely adjust their product mix and be
able to compete effectively.
Any significant benefits of this rule will likely come through
efficiency gains and potentially greater choice of products for
consumers. FSIS reviewed the costs and benefits of the rule and
determined that benefits will outweigh costs. The rule will not affect
the safety of poultry products consumed in the U.S. Products will only
be imported from the People's Republic of China if the People's
Republic of China establishments 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..................... 41493.0 61948.9 64787.2 62413.8 86871.4 136494.9
Chickens, Fresh/Frozen............ 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, Fresh/Frozen............. 2437.5 1624.7 1624.0 4764.1 6986.2 2236.6
Other Poultry Fresh/Frozen........ 1.2 43.6 121.2 300.4 383.5 843.9
----------------------------------------------------------------------------------------------------------------
The data in Table A have been compiled from tariff and trade data
from the U.S. Department of Commerce and the U.S. International Trade
Commission.
Effect on Small Entities
The Administrator, FSIS, has determined that this final 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 rule would add the People's Republic of China to the list of
countries eligible to export
[[Page 20871]]
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 shelf-stable, fully cooked poultry products available in the
U.S. market will likely increase by approximately 2,500,000 pounds
(1,134.0 metric tons) to 6,250,000 pounds (2,835 metric tons) per year.
However, this small volume of trade is unlikely to impact the supply
and prices of these products. Therefore, this rule 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 final 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 rule contains no other paperwork
requirements.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. When this final 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 final 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/
regulations_&_policies/2006_Interim_&_Final_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
broader and more diverse audience.
In addition, FSIS offers an e-mail subscription service that
provides automatic and customized access to selected food safety news
and information. This service is available at https://www.fsis.usda.gov/
news_and_events/email_subscription/. 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
Imports, Intergovernmental relations, Poultry and poultry products.
0
For the reasons set out in the preamble, FSIS is amending 9 CFR part
381 as follows:
PART 381--IMPORTED POULTRY PRODUCTS
0
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]
0
2. Section 381.196 is 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: April 20, 2006.
Barbara J. Masters,
Administrator.
[FR Doc. 06-3889 Filed 4-20-06; 10:16 am]
BILLING CODE 3410-DM-P
