Eligibility of Lithuania To Export Meat and Meat Products to the United States, 52375-52379 [2015-21510]
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52375
Rules and Regulations
Federal Register
Vol. 80, No. 168
Monday, August 31, 2015
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 327
[Docket No. FSIS–2014–0040]
RIN 0583–AD57
Eligibility of Lithuania To Export Meat
and Meat Products to the United States
Food Safety and Inspection
Service, USDA.
ACTION: Final rule.
AGENCY:
The Food Safety and
Inspection Service (FSIS) is amending
the Federal meat inspection regulations
to add the Republic of Lithuania
(Lithuania) to the list of countries
eligible to export meat and meat
products to the United States. FSIS has
reviewed Lithuania’s laws, regulations,
and inspection system, as implemented,
and has determined that they are
equivalent to the Federal Meat
Inspection Act (FMIA), the regulations
implementing this statute, and the
United States food safety system for
meat and meat products.
Under this final rule, meat from cattle,
sheep, swine, and goats slaughtered in
Lithuania, or parts or other products
thereof, processed in certified
Lithuanian establishments, will be
eligible for export to the United States.
All such products will be subject to
reinspection at United States ports of
entry by FSIS inspectors.
DATES: Effective: October 30, 2015.
FOR FURTHER INFORMATION CONTACT: Dr.
Daniel L. Engeljohn, Assistant
Administrator, Office of Policy and
Program Development, Food Safety and
Inspection Service, U.S. Department of
Agriculture, 1400 Independence Avenue
SW., Washington, DC 20250–3700;
Telephone: (202) 205–0495.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
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Background
On December 17, 2014, FSIS
published a proposed rule in the
Federal Register (79 FR 75073) to add
Lithuania to the list of countries eligible
to export meat and meat products to the
United States (9 CFR 327(b)). This final
rule is consistent with the proposed
rule.
As is explained in the proposed rule,
under the FMIA and implementing
regulations, meat and meat products
imported into the United States must be
produced under standards for safety,
wholesomeness, and labeling that are
equivalent to those of the United States
(21 U.S.C. 620). The FMIA also requires
that the livestock from which such
imports are produced be slaughtered
and handled in connection with
slaughter in a manner that is consistent
with the Humane Methods of Slaughter
Act (7 U.S.C. 1901–1906).
Section 327.2 of Title 9 of the Code
of Federal Regulations (CFR) sets out the
procedures by which foreign countries
may become eligible to export meat and
meat products to the United States.
Paragraph 327.2(a) requires that a
foreign country’s meat inspection
system provide standards equivalent to
those of the United States and to
provide legal authority for the
inspection system and its implementing
regulations that is equivalent to that of
the United States. Specifically, a
country’s laws and regulations must
impose requirements equivalent to those
of the United States with respect to: (1)
Ante-mortem inspection, humane
methods of slaughter and handling, and
post-mortem inspection by, or under the
direct supervision of, a veterinarian; (2)
official controls by the national
government over establishment
construction, facilities, and equipment;
(3) direct and continuous official
supervision of slaughtering and
preparation of product by inspectors to
ensure that product is not adulterated or
misbranded; (4) complete separation of
establishments certified to export from
those not certified; (5) maintenance of a
single standard of inspection and
sanitation throughout certified
establishments; (6) requirements for
sanitation and for sanitary handling of
product at establishments certified to
export; (7) official controls over
condemned product; (8) a Hazard
Analysis and Critical Control Point
(HACCP) system; and (9) any other
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requirements found in the FMIA and its
implementing regulations (9 CFR
327.2(a)(2)(ii)).
The country’s inspection system must
also impose requirements equivalent to
those of the United States with respect
to: (1) Organizational structure and
staffing to ensure uniform enforcement
of the requisite laws and regulations in
all certified establishments; (2) national
government control and supervision
over the official activities of employees
or licensees; (3) qualified inspectors; (4)
enforcement and certification authority;
(5) administrative and technical
support; (6) inspection, sanitation,
quality, species verification and residue
standards; and (7) any other inspection
requirements (9 CFR 327.2(a)(2)(i)).
Evaluation of the Lithuanian Meat
Inspection System
In 2004, the government of Lithuania
initially requested approval to export
meat, poultry, and egg products to the
United States. In January 2012,
Lithuania amended its request to
include only meat and meat products.
FSIS then began to evaluate Lithuania’s
inspection system to determine whether
it is equivalent to the United States’
system.
FSIS conducted a document review of
Lithuania’s meat inspection system
through information provided on FSIS’s
Self-Reporting Tool (SRT) 1 to determine
whether its system is equivalent to that
of the United States. FSIS examined the
information submitted by Lithuania to
verify that the following equivalence
components were addressed
satisfactorily with respect to standards,
activities, resources, and enforcement:
(1) Government Oversight; (2) Statutory
Authority and Food Safety Regulations;
(3) Sanitation; (4) Hazard Analysis and
Critical Control Point Systems; (5)
Chemical Residue Testing Programs;
and (6) Microbiological Testing
Programs. From that review, FSIS
concluded that Lithuania’s laws,
regulations, control programs, and
procedures were sufficient to achieve
1 The SRT is a standardized questionnaire that
FSIS provides to foreign governments to gather
information that characterizes foreign inspection
systems according to the six equivalence
components and as required by 9 CFR
327.2(a)(2)(iii). FSIS asks foreign governments to
submit documentation, such as their inspection
system laws, regulations, and policy issuances, that
supports their responses to the SRT questions.
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the level of public health protection
required by FSIS.
FSIS then proceeded with an initial
on-site audit of Lithuania’s meat
inspection system in September 2012
and concluded that Lithuania’s system
met each equivalence component except
sanitation. Lithuania’s State Food and
Veterinary Service (SFVS), which is
Lithuania’s central competent authority
in charge of food inspection, took
immediate corrective actions to address
the audit team’s findings and provided
a corrective action plan, which included
new regulations, procedures,
implementation measures, and
verification activities. FSIS reviewed the
plan and concluded that it addressed all
of the audit findings.
FSIS conducted a second on-site audit
in September 2013 to verify that all
outstanding issues identified during the
previous audit had been resolved and
that Lithuania had satisfactorily
implemented all of the laws,
regulations, and instructions to the field
that FSIS found to be equivalent during
the document review and previous
audit. FSIS concluded, on the basis of
this audit, that Lithuania had
satisfactorily implemented the
corrective action plan that it had
submitted in response to the 2012 audit.
Consequently, on December 17, 2014,
FSIS published a proposed rule to find
that Lithuania’s meat inspection system
is equivalent to the United States’
system and, therefore, to add Lithuania
to the list of countries eligible to export
meat and meat products to the United
States. For more detailed information on
FSIS’s evaluation of the Lithuanian
meat inspection system, see the
proposed rule (79 FR 75073), and for the
full audit reports, go to: https://
www.fsis.usda.gov/wps/portal/fsis/
topics/international-affairs/importingproducts/eligible-countries-productsforeign-establishments/foreign-auditreports.
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Final Rule
After considering the comments
received on the proposed rule,
discussed below, FSIS concludes that
Lithuania’s meat inspection system is
equivalent to the United States’
inspection system for meat and meat
products. Therefore, FSIS is amending
its meat inspection regulations to add
Lithuania to the list of countries eligible
to export meat and meat products to the
United States (9 CFR 327.2(b)). Under
FSIS’s import regulations, the
government of Lithuania must certify to
FSIS that those establishments that wish
to export meat and meat products to the
United States are operating under
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requirements equivalent to those of the
United States (9 CFR 327.2(a)).
Although a foreign country may be
listed in FSIS’s regulations as eligible to
export meat and meat products to the
United States, the exporting country’s
products must also comply with all
other applicable requirements of the
United States, including those of
USDA’s Animal and Plant Health
Inspection Service (APHIS). These
requirements include restrictions under
9 CFR part 94 of the APHIS regulations,
which regulate the importation of meat
and meat products from countries into
the United States to control the spread
of specific animal diseases.
Also, under this final rule, all meat
and meat products exported to the
United States from Lithuania will be
subject to reinspection by FSIS at
United States ports of entry for, but not
limited to, transportation damage,
product and container defects, labeling,
proper certification, general condition,
and accurate count.
FSIS will conduct other types of
reinspection activities, such as
incubation of canned products to ensure
product safety and taking product
samples for laboratory analysis to detect
any drug or chemical residues or
pathogens that may render the product
unsafe or any species or product
composition violations that would
render the product economically
adulterated. 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 within 45 days will
have to be returned to the country of
origin, destroyed, or converted to
animal food (subject to approval of the
Food and Drug Administration (FDA)),
depending on the violation. The import
reinspection activities can be found on
the FSIS Web site at: https://
www.fsis.usda.gov/wps/portal/fsis/
topics/international-affairs/importingproducts/port-of-entry-procedures.
In addition, Lithuanian meat and
meat products will be eligible for
importation into the United States only
if they are from animals slaughtered on
or after the effective date of this final
rule.
Summary of Comments and Responses
FSIS received seven comments in
response to the proposed rule. One
individual supported the proposed rule.
Two individuals, a consumer advocacy
organization, and three trade
associations representing the pork
industry, opposed it. After review and
consideration of these comments, FSIS
is finalizing the regulation as proposed.
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The following is a brief summary of the
relevant issues raised in the comments
and FSIS’s responses.
1. Animal Diseases
Comment: One individual opposed
importing Lithuanian meat and meat
products, stating that animal feeding
practices in Lithuania would not
effectively prevent bovine spongiform
encephalopathy (BSE). Three pork
industry groups opposed the rule,
stating that several cases of African
Swine Fever (ASF) reported over the
past year in domestic and feral swine
populations in Lithuania and adjacent
countries would lead to problems in the
United States. A consumer advocacy
organization stated that allowing
Lithuanian products into the United
States could lead to the transmission of
certain animal diseases into the United
States because Lithuania shares
common borders with countries that are
not free of ASF, Foot-and-Mouth
Disease (FMD), Classical Swine Fever
(CSF), or Swine Vesicular Disease (SVD)
and has trade practices with these
countries that are less restrictive than
those of the United States.
Agency Response: To export meat and
meat products to the United States,
countries need to meet the APHIS
requirements for animal disease
prevention and control. APHIS uses
several methods to ensure that harmful
animal diseases do not enter the United
States. These include actively
monitoring the animal disease status of
foreign countries and maintaining lists
of countries and regions considered to
be free (or not free) of certain diseases.
If an animal disease is found to exist in
a country (or a region within a country)
that exports meat, poultry, or egg
products to the United States, APHIS
requires specific processing steps to
ensure that any product from that
country or region will not cause the
disease to be transmitted to the United
States (see 9 CFR part 94).
In addition to these monitoring and
processing provisions, APHIS requires
imported meat, poultry, and egg
products to have accompanying
documentation regarding their origin,
animal disease status, degree of
processing, and intended use. At the
U.S. border, CBP officials verify that
such documentation is accurate and that
the products do not pose an animal
disease transmission risk. These steps
take place before FSIS reinspects
imported product for food safety and
other regulatory compliance. All meat
and meat products that APHIS restricts
from entering the United States because
of animal disease concerns will be
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refused entry by U.S. Customs and
Border Protection (CBP).
In the case of BSE, APHIS takes into
consideration the risk status recognition
as determined by the World
Organization for Animal Health (OIE),
or conducts its own BSE risk
determination upon request. OIE
designates countries as having a
negligible or controlled BSE risk.
Countries that do not meet those
designations are considered to have an
undetermined risk. OIE and APHIS
currently designate Lithuania as a
country with controlled BSE risk. The
review of Lithuania’s food safety system
for potential BSE contamination also
indicated that SFVS employs effective
measures to prevent Specified Risk
Materials (SRM) (materials from cattle
that scientific studies have
demonstrated can contain the BSE agent
in cattle infected with the disease) from
contaminating the food supply. Removal
of SRMs decreases the risk of
introduction of BSE to a negligible level.
Therefore, FSIS has determined that
Lithuania’s measures to remove SRMs
from its food supply adequately address
the potential risk that the BSE agent
could contaminate products destined for
the United States.
APHIS currently considers Lithuania
to be free of SVD, rinderpest, and FMD.
APHIS, however, has placed Lithuania
in a ‘‘special category’’ because of its
common land border with countries that
have not been identified to be free of
these diseases, and because Lithuania’s
trade practices are less restrictive than
those of the United States. Lithuania’s
trade practices could, therefore, result in
a Lithuanian meat supply that is
supplemented with animal products
from neighboring countries.
Establishments in ‘‘special category’’
countries must certify compliance with
specific APHIS regulations, which
ensure that animals and animal
products received by these
establishments, and the products
produced by them, are not contaminated
through contact with regions where
these diseases exist (see 9 CFR
94.11(c)(2) and 94.13(c)(2)).
APHIS recognizes that ASF outbreaks
have occurred in wild boar and
domestic swine in Lithuania. Lithuania
has imposed controls, consistent with
European Union legislation, to prevent
the spread of this disease. These
controls restrict the movement of pigs
and pig products, including pork, from
areas where the disease has occurred.
Were APHIS to add any geographic area
of Lithuania to the list of ASF-affected
regions, Lithuania would be required to
comply with 9 CFR 94.8(b)–(d), which
mandates cooking, sealing, cleaning,
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processing, packing, certification,
transportation, and handling
requirements.
Under the final rule, Lithuania will be
eligible to export meat and meat
products to the United States, but will
be required to meet APHIS’s
requirements. Because Lithuania’s
disease status may change with respect
to any animal disease, FSIS will
coordinate with APHIS and consider
how any change may affect Lithuania’s
eligibility to export certain types of
products to the United States.
2. Domestic Production
Comment: One individual argued that
increasing demand for goat meat in the
United States should be met through
increased local goat production rather
than imports. Another individual
opposed the rule because the United
States already has thousands of meat
products in commerce.
Agency Response: The final rule will
list Lithuania as eligible to export meat
and meat products derived from cattle,
swine, sheep, and goats to the United
States (9 CFR 327.2(b)). Although
Lithuania will be listed as eligible, it is
unlikely to export significant quantities
of goat meat or meat products to the
United States. Lithuania is a net
importer of goat meat and does not have
export capacity in this area. In 2014,
Lithuania imported about $3,000 worth
of such products, less than one metric
ton (MT), and did not export any such
products. Currently, the United States
imports about 19,000 MT of goat meat
per year, of which 98% comes from
Australia. Lithuania must be exportcapable and price-competitive to
compete in this market. As is discussed
in the economic analysis below,
Lithuania has stated that it intends to
export only canned, dried, smoked beef
and pork products to the United States
at this time.
3. Adequate Regulation
Comment: One individual stated that
the FDA was unqualified to certify
Lithuanian establishments seeking to
export meat or meat products to the
United States.
Agency Response: Under 9 CFR
327.2(a)(3), the government of Lithuania
must certify to FSIS that those
establishments that wish to export meat
and meat products to the United States
are operating under requirements
equivalent to those of the United States.
These certifications are subject to
review by FSIS. FSIS also conducts
periodic equivalence audits of countries
eligible to export meat, poultry, or egg
products to the United States and will
do so for Lithuania. Every imported
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52377
meat or meat product must enter the
United States through an official import
inspection establishment and be
reinspected by an FSIS import
inspector.
4. Audit Report Findings
Comment: A consumer advocacy
organization expressed several concerns
regarding the two audits of Lithuania’s
meat inspection system. The
organization stated that: (1) The reports
are incomplete because they fail to
include establishment checklists used
by the FSIS auditor to evaluate how
well the Lithuanian inspection program
enforced food safety laws and
regulations at the plant level; (2) the
first audit found that Lithuania’s SFVS
had inexplicably dropped a requirement
that establishments seeking to export to
the United States maintain written
Sanitation Standard Operating
Procedures; (3) the second audit noted
that improvement was still needed in
Lithuania’s inspectors’ verification of
establishments’ compliance with zero
tolerance requirements for fecal
material, ingesta, and milk on carcasses
and meat parts; (4) in the second audit
report, audit staff were concerned about
the ability of Lithuanian inspection
personnel to recognize potential
sanitation issues in ready-to-eat
processing facilities; and (5) neither
audit report mentioned what
precautions the Lithuanian food safety
authorities would take as a consequence
of the 2013 horse meat scandal in the
European Union, in which Lithuanian
products were implicated.
Agency Response: FSIS’s evaluation
of all the data collected before, during,
and after the on-site audits supports the
conclusion that the Lithuanian meat
regulatory system achieves a level of
protection equivalent to that of the
United States. FSIS evaluated how well
Lithuania’s inspection program enforced
food safety laws and regulations at the
plant level, including audit checklists
for specific establishments. The
Lithuania establishment checklists are
posted at the following link: https://
www.fsis.usda.gov/wps/portal/fsis/
topics/international-affairs/importingproducts/eligible-countries-productsforeign-establishments/foreign-auditreports.
The follow-up audit of Lithuania’s
meat inspection system confirmed that
SFVS adequately and effectively
addressed all the findings related to the
previous FSIS initial equivalence on-site
audit conducted from September 10–26,
2012. The FSIS auditor attested that all
corrective actions were implemented in
a manner consistent with FSIS’s
inspection requirements. Additionally,
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SFVS responded adequately to two
areas in need of improvement: Verifying
that establishments’ HACCP systems
ensure that all portions of carcasses
were free of visible contamination with
fecal material, milk, or ingesta, and
requiring that establishments control the
movement of personnel and materials in
establishments producing Ready-to-Eat
(RTE) products. SFVS required
immediate adjustments to
establishments’ HACCP systems and
sanitation programs, introduced
correlation sessions to reinforce
supervisors’ understanding of food
safety tasks related to export to the
United States, and implemented ongoing training programs for the
inspection program personnel. SFVS
implemented its corrective action plan
and provided supporting documents
during and after its exit meeting with
FSIS. These corrective actions improved
the performance of official verification
activities and demonstrated SFVS’s
commitment to consistently meeting the
requirements for exporting meat and
meat products to the United States.
In 2013, a variety of meat products in
the European Union were found to
contain meat which was not declared on
the label, including horse meat and
pork. In response, the European
Commission and EU Member States,
including Lithuania, have pursued
efforts to ensure the proper labeling of
meat products, including increased
communication among food safety
agencies regarding food fraud, DNA
monitoring, revised registration and
identification procedures for horses in
the EU, increased penalties for
fraudulent activity, and stricter origin
labeling. Lithuania, as a Member of the
EU, is bound by the EU Regulations
under which these actions have been
taken.
FSIS also verified that SFVS conducts
species verification testing of meat and
meat products intended for both
domestic production and export, in
accordance with the SFVS Director
Order No B1–23. This testing will
ensure that only eligible species will be
exported to the United States.
Furthermore, the FSIS auditor verified
that Lithuanian establishments are
required to ensure that food intended
for human consumption is adequately
labeled or identified to facilitate its
traceability in accordance with Article
18 for Regulation (EC) No 178/2002. The
identification and labeling requirements
include, at least, the source of food,
animal byproduct, or ingredients in a
manner that supports effective
investigation and traceability. FSIS is
confident that the Lithuanian measures
in place, along with its reinspection and
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verification activities at United States
ports of entry, will ensure that
fraudulently labeled Lithuanian meat
products will not enter United States
commerce.
Executive Orders 12866 and 13563, and
the Regulatory Flexibility Act
Executive Orders (E.O.) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This final rule was
designated a ‘‘non-significant’’
regulatory action under section 3(f) of
E.O. 12866. Accordingly, this rule was
not reviewed by OMB under E.O. 12866.
Economic Impact Analysis
FSIS is adopting, in its entirety, the
proposed regulatory impact analysis
from the proposed rule.2 Lithuania
expressed an intent to export canned,
dried, or smoked beef and pork products
to the United States. Lithuania,
however, will not be precluded from
exporting other meat products in the
future if the products meet all
applicable APHIS and FSIS
requirements for those products. Given
the limited market in the United States
for Lithuanian meat products and
Lithuania’s low projected export
volume, there is likely to be little, if any,
impact on the United States economy.
Lithuania is a small beef producer
with limited beef export capacity. Its
maximum beef export to the world was
achieved in 2011, when it exported
$130 million, or 25,000 MT, worth of
beef, mainly to the European Union and
Russia. Based on analysis of Lithuania’s
exports to Russia, FSIS estimates that
Lithuania has an excess beef export
capacity of $26 million ($130 million ¥
$104 million = $26 million) in value, or
3,000 MT (25,000 MT ¥ 22,000 MT =
3,000 MT) in volume, that could be
exported to the United States.3
Accordingly, allowing Lithuanian
beef exports to enter the 13,050,000–
MT 4 United States beef market is
2 79
FR 75075.
data is from Eurostat, the statistical office
of the European Union, and is based on Lithuania’s
official statistics. It is also available at the Global
Trade Atlas database at: https://www.gtis.com/gta/
secure/gateway.cfm.
4 Source: Foreign Agricultural Service (FAS)
Production, Supply and Distribution (PSD) data,
3 This
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expected to have minimal effect (3,000
MT represents a 0.023% increase),
leaving the total United States beef
supply almost unchanged. Because
importing beef from Lithuania is not
expected to greatly alter the United
States beef supply, it will not contribute
to any price change in that market.
Lithuanian data from CY2013 5 shows
that this country reached its maximum
pork export capacity, meaning it will
export little, if any, pork to the United
States. Considering that the United
States pork supply is 11,212,000 MT
(CY2013),6 it is unlikely that imports
from Lithuania will result in price
changes in the United States pork
market.
This cost analysis was based on
Lithuania’s full export capacity.
Currently, however, only six Lithuanian
establishments intend to export product
to the United States. Four are meat
processors only, one is a slaughter
facility, and one conducts both meat
slaughter and processing. Of the four
processing facilities, three process beef
and pork, and one processes pork only.
The slaughter-only facility and the
facility that conducts both slaughter and
processing both handle beef and pork.
The combined export capacity of these
six establishments is much less than
Lithuania’s total export capacity. With
no price change expected in U.S. meat
markets, the final rule would not lead to
any negative effects on U.S. consumers.
Lithuanian companies that export
product to the United States and
domestic companies that import
products from Lithuania to the United
States will incur standard costs such as
export fees and freight and insurance
costs. They will be willing to bear these
costs because of the anticipated
financial benefits associated with
marketing their products in the United
States.
The final rule will increase trade
between the United States and
Lithuania. The volume of trade
stimulated by this rule is likely to be
small and is expected to have little or
no effect on U.S. meat supplies or meat
prices. U.S. consumers, however, are
expected to enjoy more choices when
purchasing meat and meat products.
Lithuanian establishments will export
commercially sterile meat products,
including canned meat products and
ready-to-eat products like salamis and
available at: https://apps.fas.usda.gov/psdonline/
psdQuery.aspx.
5 This data is from Eurostat, based on Lithuania’s
official statistics. It is also available at the Global
Trade Atlas database at: https://www.gtis.com/gta/
secure/gateway.cfm.
6 Source: FAS PSD data, available at: https://
apps.fas.usda.gov/psdonline/psdQuery.aspx.
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other dried and smoked meats to the
United States. The final rule expands
choices for U.S. consumers and
promotes economic competition.
Regulatory Flexibility Act Assessment
The FSIS Administrator certifies that,
for the purposes of the Regulatory
Flexibility Act (5 U.S.C. 601–602), this
final rule will not have a significant
impact on a substantial number of small
entities in the United States.
Executive Order 12988, Civil Justice
Reform
This final rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. Under this rule: (1) All
State and local laws and regulations that
are inconsistent with this rule will be
preempted; (2) no retroactive effect will
be given to this rule; and (3) no
administrative proceedings will be
required before parties may file suit in
court challenging this rule.
Paperwork Reduction Act
No new paperwork requirements are
associated with this proposed rule.
Foreign countries wanting to export
meat and meat products to the United
States are required to provide
information to FSIS certifying that their
inspection systems provide standards
equivalent to those of the United States,
and that the legal authority for the
system and their implementing
regulations are equivalent to those of the
United States. FSIS provided Lithuania
with questionnaires asking for detailed
information about the country’s
inspection practices and procedures to
assist that country in organizing its
materials. This information collection
was approved under OMB number
0583–0153. The proposed rule contains
no other paperwork requirements.
E-Government Act
FSIS and USDA are committed to
achieving the purposes of the EGovernment Act (44 U.S.C. 3601, et
seq.) by, among other things, promoting
the use of the Internet and other
information technologies and providing
increased opportunities for citizen
access to Government information and
services, and for other purposes.
rmajette on DSK7SPTVN1PROD with RULES
Additional Public Notification
FSIS will officially notify the World
Trade Organization’s Committee on
Sanitary and Phytosanitary Measures
(WTO/SPS Committee) in Geneva,
Switzerland, of this rule and will
announce it online through the FSIS
Web page located at: https://
www.fsis.usda.gov/wps/portal/fsis/
VerDate Sep<11>2014
13:58 Aug 28, 2015
Jkt 235001
topics/regulations/federal-register/
interim-and-final-rules.
Public awareness of all segments of
rulemaking and policy development is
important. Consequently, FSIS will
announce this Federal Register
publication on-line through the FSIS
Web page located at: https://
www.fsis.usda.gov/federal-register.
FSIS also will make copies of this
publication available through the FSIS
Constituent Update, which is used to
provide information regarding FSIS
policies, procedures, regulations,
Federal Register notices, FSIS public
meetings, and other types of information
that could affect or would be of interest
to our constituents and stakeholders.
The Update is available on the FSIS
Web page. Through the Web page, FSIS
is able to provide information to a much
broader, more diverse audience. In
addition, FSIS offers an email
subscription service which provides
automatic and customized access to
selected food safety news and
information. This service is available at:
https://www.fsis.usda.gov/subscribe.
Options range from recalls to export
information, regulations, directives, and
notices. Customers can add or delete
subscriptions themselves, and have the
option to password protect their
accounts.
USDA Nondiscrimination Statement
No agency, officer, or employee of the
USDA shall, on the grounds of race,
color, national origin, religion, sex,
gender identity, sexual orientation,
disability, age, marital status, family/
parental status, income derived from a
public assistance program, or political
beliefs, exclude from participation in,
deny the benefits of, or subject to
discrimination any person in the United
States under any program or activity
conducted by the USDA.
To file a complaint of discrimination,
complete the USDA Program
Discrimination Complaint Form, which
may be accessed online at: https://
www.ocio.usda.gov/sites/default/files/
docs/2012/
Complain_combined_6_8_12.pdf, or
write a letter signed by you or your
authorized representative.
Send your completed complaint form
or letter to USDA by mail, fax, or email:
Mail: U.S. Department of Agriculture,
Director, Office of Adjudication, 1400
Independence Avenue SW.,
Washington, DC 20250–9410.
Fax: (202) 690–7442.
Email: program.intake@usda.gov.
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
Persons with disabilities who require
alternative means for communication
(Braille, large print, audiotape, etc.),
should contact USDA’s TARGET Center
at (202) 720–2600 (voice and TDD).
List of Subjects in 9 CFR Part 327
Imported products.
For the reasons set out in the
preamble, FSIS amends 9 CFR part 327
as follows:
9 CFR PART 327—IMPORTED
PRODUCTS
1. The authority citation for part 327
continues to read as follows:
■
Authority: 21 U.S.C. 601–695; 7 CFR 2.18,
2.53.
§ 327.2
[Amended]
2. Amend § 327.2(b) by adding
‘‘Lithuania’’ in alphabetical order to the
list of countries.
■
Done at Washington, DC, on: August 13,
2015.
Alfred V. Almanza,
Acting Administrator.
[FR Doc. 2015–21510 Filed 8–28–15; 8:45 am]
BILLING CODE 3410–DM–P
DEPARTMENT OF THE TREASURY
Community Development Financial
Institutions Fund
12 CFR Part 1805
RIN 1505–AA92
Community Development Financial
Institutions Program
Community Development
Financial Institutions Fund, Department
of the Treasury.
ACTION: Interim rule with request for
comment.
AGENCY:
The Department of the
Treasury is issuing an interim rule
implementing the Community
Development Financial Institutions
Program (CDFI Program), administered
by the Community Development
Financial Institutions Fund (CDFI
Fund). This interim rule includes
revisions necessary to implement the
Uniform Administrative Requirements,
Cost Principles, and Audit
Requirements for Federal Awards
published by the Department of the
Treasury on December 19, 2014, as well
as to make technical corrections and
other updates to the current rule.
DATES: Effective date: August 31, 2015;
all comments must be written and must
be received in the offices of the CDFI
Fund on or before October 30, 2015.
SUMMARY:
How To File a Complaint of
Discrimination
52379
E:\FR\FM\31AUR1.SGM
31AUR1
Agencies
[Federal Register Volume 80, Number 168 (Monday, August 31, 2015)]
[Rules and Regulations]
[Pages 52375-52379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21510]
========================================================================
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. 80, No. 168 / Monday, August 31, 2015 / Rules
and Regulations
[[Page 52375]]
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 327
[Docket No. FSIS-2014-0040]
RIN 0583-AD57
Eligibility of Lithuania To Export Meat and Meat Products to the
United States
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Food Safety and Inspection Service (FSIS) is amending the
Federal meat inspection regulations to add the Republic of Lithuania
(Lithuania) to the list of countries eligible to export meat and meat
products to the United States. FSIS has reviewed Lithuania's laws,
regulations, and inspection system, as implemented, and has determined
that they are equivalent to the Federal Meat Inspection Act (FMIA), the
regulations implementing this statute, and the United States food
safety system for meat and meat products.
Under this final rule, meat from cattle, sheep, swine, and goats
slaughtered in Lithuania, or parts or other products thereof, processed
in certified Lithuanian establishments, will be eligible for export to
the United States. All such products will be subject to reinspection at
United States ports of entry by FSIS inspectors.
DATES: Effective: October 30, 2015.
FOR FURTHER INFORMATION CONTACT: Dr. Daniel L. Engeljohn, Assistant
Administrator, Office of Policy and Program Development, Food Safety
and Inspection Service, U.S. Department of Agriculture, 1400
Independence Avenue SW., Washington, DC 20250-3700; Telephone: (202)
205-0495.
SUPPLEMENTARY INFORMATION:
Background
On December 17, 2014, FSIS published a proposed rule in the Federal
Register (79 FR 75073) to add Lithuania to the list of countries
eligible to export meat and meat products to the United States (9 CFR
327(b)). This final rule is consistent with the proposed rule.
As is explained in the proposed rule, under the FMIA and
implementing regulations, meat and meat products imported into the
United States must be produced under standards for safety,
wholesomeness, and labeling that are equivalent to those of the United
States (21 U.S.C. 620). The FMIA also requires that the livestock from
which such imports are produced be slaughtered and handled in
connection with slaughter in a manner that is consistent with the
Humane Methods of Slaughter Act (7 U.S.C. 1901-1906).
Section 327.2 of Title 9 of the Code of Federal Regulations (CFR)
sets out the procedures by which foreign countries may become eligible
to export meat and meat products to the United States. Paragraph
327.2(a) requires that a foreign country's meat inspection system
provide standards equivalent to those of the United States and to
provide legal authority for the inspection system and its implementing
regulations that is equivalent to that of the United States.
Specifically, a country's laws and regulations must impose requirements
equivalent to those of the United States with respect to: (1) Ante-
mortem inspection, humane methods of slaughter and handling, and post-
mortem inspection by, or under the direct supervision of, a
veterinarian; (2) official controls by the national government over
establishment construction, facilities, and equipment; (3) direct and
continuous official supervision of slaughtering and preparation of
product by inspectors to ensure that product is not adulterated or
misbranded; (4) complete separation of establishments certified to
export from those not certified; (5) maintenance of a single standard
of inspection and sanitation throughout certified establishments; (6)
requirements for sanitation and for sanitary handling of product at
establishments certified to export; (7) official controls over
condemned product; (8) a Hazard Analysis and Critical Control Point
(HACCP) system; and (9) any other requirements found in the FMIA and
its implementing regulations (9 CFR 327.2(a)(2)(ii)).
The country's inspection system must also impose requirements
equivalent to those of the United States with respect to: (1)
Organizational structure and staffing to ensure uniform enforcement of
the requisite laws and regulations in all certified establishments; (2)
national government control and supervision over the official
activities of employees or licensees; (3) qualified inspectors; (4)
enforcement and certification authority; (5) administrative and
technical support; (6) inspection, sanitation, quality, species
verification and residue standards; and (7) any other inspection
requirements (9 CFR 327.2(a)(2)(i)).
Evaluation of the Lithuanian Meat Inspection System
In 2004, the government of Lithuania initially requested approval
to export meat, poultry, and egg products to the United States. In
January 2012, Lithuania amended its request to include only meat and
meat products. FSIS then began to evaluate Lithuania's inspection
system to determine whether it is equivalent to the United States'
system.
FSIS conducted a document review of Lithuania's meat inspection
system through information provided on FSIS's Self-Reporting Tool (SRT)
\1\ to determine whether its system is equivalent to that of the United
States. FSIS examined the information submitted by Lithuania to verify
that the following equivalence components were addressed satisfactorily
with respect to standards, activities, resources, and enforcement: (1)
Government Oversight; (2) Statutory Authority and Food Safety
Regulations; (3) Sanitation; (4) Hazard Analysis and Critical Control
Point Systems; (5) Chemical Residue Testing Programs; and (6)
Microbiological Testing Programs. From that review, FSIS concluded that
Lithuania's laws, regulations, control programs, and procedures were
sufficient to achieve
[[Page 52376]]
the level of public health protection required by FSIS.
---------------------------------------------------------------------------
\1\ The SRT is a standardized questionnaire that FSIS provides
to foreign governments to gather information that characterizes
foreign inspection systems according to the six equivalence
components and as required by 9 CFR 327.2(a)(2)(iii). FSIS asks
foreign governments to submit documentation, such as their
inspection system laws, regulations, and policy issuances, that
supports their responses to the SRT questions.
---------------------------------------------------------------------------
FSIS then proceeded with an initial on-site audit of Lithuania's
meat inspection system in September 2012 and concluded that Lithuania's
system met each equivalence component except sanitation. Lithuania's
State Food and Veterinary Service (SFVS), which is Lithuania's central
competent authority in charge of food inspection, took immediate
corrective actions to address the audit team's findings and provided a
corrective action plan, which included new regulations, procedures,
implementation measures, and verification activities. FSIS reviewed the
plan and concluded that it addressed all of the audit findings.
FSIS conducted a second on-site audit in September 2013 to verify
that all outstanding issues identified during the previous audit had
been resolved and that Lithuania had satisfactorily implemented all of
the laws, regulations, and instructions to the field that FSIS found to
be equivalent during the document review and previous audit. FSIS
concluded, on the basis of this audit, that Lithuania had
satisfactorily implemented the corrective action plan that it had
submitted in response to the 2012 audit.
Consequently, on December 17, 2014, FSIS published a proposed rule
to find that Lithuania's meat inspection system is equivalent to the
United States' system and, therefore, to add Lithuania to the list of
countries eligible to export meat and meat products to the United
States. For more detailed information on FSIS's evaluation of the
Lithuanian meat inspection system, see the proposed rule (79 FR 75073),
and for the full audit reports, go to: https://www.fsis.usda.gov/wps/portal/fsis/topics/international-affairs/importing-products/eligible-countries-products-foreign-establishments/foreign-audit-reports.
Final Rule
After considering the comments received on the proposed rule,
discussed below, FSIS concludes that Lithuania's meat inspection system
is equivalent to the United States' inspection system for meat and meat
products. Therefore, FSIS is amending its meat inspection regulations
to add Lithuania to the list of countries eligible to export meat and
meat products to the United States (9 CFR 327.2(b)). Under FSIS's
import regulations, the government of Lithuania must certify to FSIS
that those establishments that wish to export meat and meat products to
the United States are operating under requirements equivalent to those
of the United States (9 CFR 327.2(a)).
Although a foreign country may be listed in FSIS's regulations as
eligible to export meat and meat products to the United States, the
exporting country's products must also comply with all other applicable
requirements of the United States, including those of USDA's Animal and
Plant Health Inspection Service (APHIS). These requirements include
restrictions under 9 CFR part 94 of the APHIS regulations, which
regulate the importation of meat and meat products from countries into
the United States to control the spread of specific animal diseases.
Also, under this final rule, all meat and meat products exported to
the United States from Lithuania will be subject to reinspection by
FSIS at United States ports of entry for, but not limited to,
transportation damage, product and container defects, labeling, proper
certification, general condition, and accurate count.
FSIS will conduct other types of reinspection activities, such as
incubation of canned products to ensure product safety and taking
product samples for laboratory analysis to detect any drug or chemical
residues or pathogens that may render the product unsafe or any species
or product composition violations that would render the product
economically adulterated. 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 within 45 days will have to be returned to the country of
origin, destroyed, or converted to animal food (subject to approval of
the Food and Drug Administration (FDA)), depending on the violation.
The import reinspection activities can be found on the FSIS Web site
at: https://www.fsis.usda.gov/wps/portal/fsis/topics/international-affairs/importing-products/port-of-entry-procedures.
In addition, Lithuanian meat and meat products will be eligible for
importation into the United States only if they are from animals
slaughtered on or after the effective date of this final rule.
Summary of Comments and Responses
FSIS received seven comments in response to the proposed rule. One
individual supported the proposed rule. Two individuals, a consumer
advocacy organization, and three trade associations representing the
pork industry, opposed it. After review and consideration of these
comments, FSIS is finalizing the regulation as proposed. The following
is a brief summary of the relevant issues raised in the comments and
FSIS's responses.
1. Animal Diseases
Comment: One individual opposed importing Lithuanian meat and meat
products, stating that animal feeding practices in Lithuania would not
effectively prevent bovine spongiform encephalopathy (BSE). Three pork
industry groups opposed the rule, stating that several cases of African
Swine Fever (ASF) reported over the past year in domestic and feral
swine populations in Lithuania and adjacent countries would lead to
problems in the United States. A consumer advocacy organization stated
that allowing Lithuanian products into the United States could lead to
the transmission of certain animal diseases into the United States
because Lithuania shares common borders with countries that are not
free of ASF, Foot-and-Mouth Disease (FMD), Classical Swine Fever (CSF),
or Swine Vesicular Disease (SVD) and has trade practices with these
countries that are less restrictive than those of the United States.
Agency Response: To export meat and meat products to the United
States, countries need to meet the APHIS requirements for animal
disease prevention and control. APHIS uses several methods to ensure
that harmful animal diseases do not enter the United States. These
include actively monitoring the animal disease status of foreign
countries and maintaining lists of countries and regions considered to
be free (or not free) of certain diseases. If an animal disease is
found to exist in a country (or a region within a country) that exports
meat, poultry, or egg products to the United States, APHIS requires
specific processing steps to ensure that any product from that country
or region will not cause the disease to be transmitted to the United
States (see 9 CFR part 94).
In addition to these monitoring and processing provisions, APHIS
requires imported meat, poultry, and egg products to have accompanying
documentation regarding their origin, animal disease status, degree of
processing, and intended use. At the U.S. border, CBP officials verify
that such documentation is accurate and that the products do not pose
an animal disease transmission risk. These steps take place before FSIS
reinspects imported product for food safety and other regulatory
compliance. All meat and meat products that APHIS restricts from
entering the United States because of animal disease concerns will be
[[Page 52377]]
refused entry by U.S. Customs and Border Protection (CBP).
In the case of BSE, APHIS takes into consideration the risk status
recognition as determined by the World Organization for Animal Health
(OIE), or conducts its own BSE risk determination upon request. OIE
designates countries as having a negligible or controlled BSE risk.
Countries that do not meet those designations are considered to have an
undetermined risk. OIE and APHIS currently designate Lithuania as a
country with controlled BSE risk. The review of Lithuania's food safety
system for potential BSE contamination also indicated that SFVS employs
effective measures to prevent Specified Risk Materials (SRM) (materials
from cattle that scientific studies have demonstrated can contain the
BSE agent in cattle infected with the disease) from contaminating the
food supply. Removal of SRMs decreases the risk of introduction of BSE
to a negligible level. Therefore, FSIS has determined that Lithuania's
measures to remove SRMs from its food supply adequately address the
potential risk that the BSE agent could contaminate products destined
for the United States.
APHIS currently considers Lithuania to be free of SVD, rinderpest,
and FMD. APHIS, however, has placed Lithuania in a ``special category''
because of its common land border with countries that have not been
identified to be free of these diseases, and because Lithuania's trade
practices are less restrictive than those of the United States.
Lithuania's trade practices could, therefore, result in a Lithuanian
meat supply that is supplemented with animal products from neighboring
countries. Establishments in ``special category'' countries must
certify compliance with specific APHIS regulations, which ensure that
animals and animal products received by these establishments, and the
products produced by them, are not contaminated through contact with
regions where these diseases exist (see 9 CFR 94.11(c)(2) and
94.13(c)(2)).
APHIS recognizes that ASF outbreaks have occurred in wild boar and
domestic swine in Lithuania. Lithuania has imposed controls, consistent
with European Union legislation, to prevent the spread of this disease.
These controls restrict the movement of pigs and pig products,
including pork, from areas where the disease has occurred. Were APHIS
to add any geographic area of Lithuania to the list of ASF-affected
regions, Lithuania would be required to comply with 9 CFR 94.8(b)-(d),
which mandates cooking, sealing, cleaning, processing, packing,
certification, transportation, and handling requirements.
Under the final rule, Lithuania will be eligible to export meat and
meat products to the United States, but will be required to meet
APHIS's requirements. Because Lithuania's disease status may change
with respect to any animal disease, FSIS will coordinate with APHIS and
consider how any change may affect Lithuania's eligibility to export
certain types of products to the United States.
2. Domestic Production
Comment: One individual argued that increasing demand for goat meat
in the United States should be met through increased local goat
production rather than imports. Another individual opposed the rule
because the United States already has thousands of meat products in
commerce.
Agency Response: The final rule will list Lithuania as eligible to
export meat and meat products derived from cattle, swine, sheep, and
goats to the United States (9 CFR 327.2(b)). Although Lithuania will be
listed as eligible, it is unlikely to export significant quantities of
goat meat or meat products to the United States. Lithuania is a net
importer of goat meat and does not have export capacity in this area.
In 2014, Lithuania imported about $3,000 worth of such products, less
than one metric ton (MT), and did not export any such products.
Currently, the United States imports about 19,000 MT of goat meat per
year, of which 98% comes from Australia. Lithuania must be export-
capable and price-competitive to compete in this market. As is
discussed in the economic analysis below, Lithuania has stated that it
intends to export only canned, dried, smoked beef and pork products to
the United States at this time.
3. Adequate Regulation
Comment: One individual stated that the FDA was unqualified to
certify Lithuanian establishments seeking to export meat or meat
products to the United States.
Agency Response: Under 9 CFR 327.2(a)(3), the government of
Lithuania must certify to FSIS that those establishments that wish to
export meat and meat products to the United States are operating under
requirements equivalent to those of the United States. These
certifications are subject to review by FSIS. FSIS also conducts
periodic equivalence audits of countries eligible to export meat,
poultry, or egg products to the United States and will do so for
Lithuania. Every imported meat or meat product must enter the United
States through an official import inspection establishment and be
reinspected by an FSIS import inspector.
4. Audit Report Findings
Comment: A consumer advocacy organization expressed several
concerns regarding the two audits of Lithuania's meat inspection
system. The organization stated that: (1) The reports are incomplete
because they fail to include establishment checklists used by the FSIS
auditor to evaluate how well the Lithuanian inspection program enforced
food safety laws and regulations at the plant level; (2) the first
audit found that Lithuania's SFVS had inexplicably dropped a
requirement that establishments seeking to export to the United States
maintain written Sanitation Standard Operating Procedures; (3) the
second audit noted that improvement was still needed in Lithuania's
inspectors' verification of establishments' compliance with zero
tolerance requirements for fecal material, ingesta, and milk on
carcasses and meat parts; (4) in the second audit report, audit staff
were concerned about the ability of Lithuanian inspection personnel to
recognize potential sanitation issues in ready[hyphen]to[hyphen]eat
processing facilities; and (5) neither audit report mentioned what
precautions the Lithuanian food safety authorities would take as a
consequence of the 2013 horse meat scandal in the European Union, in
which Lithuanian products were implicated.
Agency Response: FSIS's evaluation of all the data collected
before, during, and after the on-site audits supports the conclusion
that the Lithuanian meat regulatory system achieves a level of
protection equivalent to that of the United States. FSIS evaluated how
well Lithuania's inspection program enforced food safety laws and
regulations at the plant level, including audit checklists for specific
establishments. The Lithuania establishment checklists are posted at
the following link: https://www.fsis.usda.gov/wps/portal/fsis/topics/international-affairs/importing-products/eligible-countries-products-foreign-establishments/foreign-audit-reports.
The follow-up audit of Lithuania's meat inspection system confirmed
that SFVS adequately and effectively addressed all the findings related
to the previous FSIS initial equivalence on-site audit conducted from
September 10-26, 2012. The FSIS auditor attested that all corrective
actions were implemented in a manner consistent with FSIS's inspection
requirements. Additionally,
[[Page 52378]]
SFVS responded adequately to two areas in need of improvement:
Verifying that establishments' HACCP systems ensure that all portions
of carcasses were free of visible contamination with fecal material,
milk, or ingesta, and requiring that establishments control the
movement of personnel and materials in establishments producing Ready-
to-Eat (RTE) products. SFVS required immediate adjustments to
establishments' HACCP systems and sanitation programs, introduced
correlation sessions to reinforce supervisors' understanding of food
safety tasks related to export to the United States, and implemented
on-going training programs for the inspection program personnel. SFVS
implemented its corrective action plan and provided supporting
documents during and after its exit meeting with FSIS. These corrective
actions improved the performance of official verification activities
and demonstrated SFVS's commitment to consistently meeting the
requirements for exporting meat and meat products to the United States.
In 2013, a variety of meat products in the European Union were
found to contain meat which was not declared on the label, including
horse meat and pork. In response, the European Commission and EU Member
States, including Lithuania, have pursued efforts to ensure the proper
labeling of meat products, including increased communication among food
safety agencies regarding food fraud, DNA monitoring, revised
registration and identification procedures for horses in the EU,
increased penalties for fraudulent activity, and stricter origin
labeling. Lithuania, as a Member of the EU, is bound by the EU
Regulations under which these actions have been taken.
FSIS also verified that SFVS conducts species verification testing
of meat and meat products intended for both domestic production and
export, in accordance with the SFVS Director Order No B1-23. This
testing will ensure that only eligible species will be exported to the
United States. Furthermore, the FSIS auditor verified that Lithuanian
establishments are required to ensure that food intended for human
consumption is adequately labeled or identified to facilitate its
traceability in accordance with Article 18 for Regulation (EC) No 178/
2002. The identification and labeling requirements include, at least,
the source of food, animal byproduct, or ingredients in a manner that
supports effective investigation and traceability. FSIS is confident
that the Lithuanian measures in place, along with its reinspection and
verification activities at United States ports of entry, will ensure
that fraudulently labeled Lithuanian meat products will not enter
United States commerce.
Executive Orders 12866 and 13563, and the Regulatory Flexibility Act
Executive Orders (E.O.) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This final rule was designated a ``non-significant'' regulatory action
under section 3(f) of E.O. 12866. Accordingly, this rule was not
reviewed by OMB under E.O. 12866.
Economic Impact Analysis
FSIS is adopting, in its entirety, the proposed regulatory impact
analysis from the proposed rule.\2\ Lithuania expressed an intent to
export canned, dried, or smoked beef and pork products to the United
States. Lithuania, however, will not be precluded from exporting other
meat products in the future if the products meet all applicable APHIS
and FSIS requirements for those products. Given the limited market in
the United States for Lithuanian meat products and Lithuania's low
projected export volume, there is likely to be little, if any, impact
on the United States economy.
---------------------------------------------------------------------------
\2\ 79 FR 75075.
---------------------------------------------------------------------------
Lithuania is a small beef producer with limited beef export
capacity. Its maximum beef export to the world was achieved in 2011,
when it exported $130 million, or 25,000 MT, worth of beef, mainly to
the European Union and Russia. Based on analysis of Lithuania's exports
to Russia, FSIS estimates that Lithuania has an excess beef export
capacity of $26 million ($130 million - $104 million = $26 million) in
value, or 3,000 MT (25,000 MT - 22,000 MT = 3,000 MT) in volume, that
could be exported to the United States.\3\
---------------------------------------------------------------------------
\3\ This data is from Eurostat, the statistical office of the
European Union, and is based on Lithuania's official statistics. It
is also available at the Global Trade Atlas database at: https://www.gtis.com/gta/secure/gateway.cfm.
---------------------------------------------------------------------------
Accordingly, allowing Lithuanian beef exports to enter the
13,050,000-MT \4\ United States beef market is expected to have minimal
effect (3,000 MT represents a 0.023% increase), leaving the total
United States beef supply almost unchanged. Because importing beef from
Lithuania is not expected to greatly alter the United States beef
supply, it will not contribute to any price change in that market.
---------------------------------------------------------------------------
\4\ Source: Foreign Agricultural Service (FAS) Production,
Supply and Distribution (PSD) data, available at: https://apps.fas.usda.gov/psdonline/psdQuery.aspx.
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Lithuanian data from CY2013 \5\ shows that this country reached its
maximum pork export capacity, meaning it will export little, if any,
pork to the United States. Considering that the United States pork
supply is 11,212,000 MT (CY2013),\6\ it is unlikely that imports from
Lithuania will result in price changes in the United States pork
market.
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\5\ This data is from Eurostat, based on Lithuania's official
statistics. It is also available at the Global Trade Atlas database
at: https://www.gtis.com/gta/secure/gateway.cfm.
\6\ Source: FAS PSD data, available at: https://apps.fas.usda.gov/psdonline/psdQuery.aspx.
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This cost analysis was based on Lithuania's full export capacity.
Currently, however, only six Lithuanian establishments intend to export
product to the United States. Four are meat processors only, one is a
slaughter facility, and one conducts both meat slaughter and
processing. Of the four processing facilities, three process beef and
pork, and one processes pork only. The slaughter-only facility and the
facility that conducts both slaughter and processing both handle beef
and pork. The combined export capacity of these six establishments is
much less than Lithuania's total export capacity. With no price change
expected in U.S. meat markets, the final rule would not lead to any
negative effects on U.S. consumers.
Lithuanian companies that export product to the United States and
domestic companies that import products from Lithuania to the United
States will incur standard costs such as export fees and freight and
insurance costs. They will be willing to bear these costs because of
the anticipated financial benefits associated with marketing their
products in the United States.
The final rule will increase trade between the United States and
Lithuania. The volume of trade stimulated by this rule is likely to be
small and is expected to have little or no effect on U.S. meat supplies
or meat prices. U.S. consumers, however, are expected to enjoy more
choices when purchasing meat and meat products. Lithuanian
establishments will export commercially sterile meat products,
including canned meat products and ready-to-eat products like salamis
and
[[Page 52379]]
other dried and smoked meats to the United States. The final rule
expands choices for U.S. consumers and promotes economic competition.
Regulatory Flexibility Act Assessment
The FSIS Administrator certifies that, for the purposes of the
Regulatory Flexibility Act (5 U.S.C. 601-602), this final rule will not
have a significant impact on a substantial number of small entities in
the United States.
Executive Order 12988, Civil Justice Reform
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. Under this rule: (1) All State and local laws and
regulations that are inconsistent with this rule will be preempted; (2)
no retroactive effect will be given to this rule; and (3) no
administrative proceedings will be required before parties may file
suit in court challenging this rule.
Paperwork Reduction Act
No new paperwork requirements are associated with this proposed
rule. Foreign countries wanting to export meat and meat products to the
United States are required to provide information to FSIS certifying
that their inspection systems provide standards equivalent to those of
the United States, and that the legal authority for the system and
their implementing regulations are equivalent to those of the United
States. FSIS provided Lithuania with questionnaires asking for detailed
information about the country's inspection practices and procedures to
assist that country in organizing its materials. This information
collection was approved under OMB number 0583-0153. The proposed rule
contains no other paperwork requirements.
E-Government Act
FSIS and USDA are committed to achieving the purposes of the E-
Government Act (44 U.S.C. 3601, et seq.) by, among other things,
promoting the use of the Internet and other information technologies
and providing increased opportunities for citizen access to Government
information and services, and for other purposes.
Additional Public Notification
FSIS will officially notify the World Trade Organization's
Committee on Sanitary and Phytosanitary Measures (WTO/SPS Committee) in
Geneva, Switzerland, of this rule and will announce it online through
the FSIS Web page located at: https://www.fsis.usda.gov/wps/portal/fsis/topics/regulations/federal-register/interim-and-final-rules.
Public awareness of all segments of rulemaking and policy
development is important. Consequently, FSIS will announce this Federal
Register publication on-line through the FSIS Web page located at:
https://www.fsis.usda.gov/federal-register.
FSIS also will make copies of this publication available through
the FSIS Constituent Update, which is used to provide information
regarding FSIS policies, procedures, regulations, Federal Register
notices, FSIS public meetings, and other types of information that
could affect or would be of interest to our constituents and
stakeholders. The Update is available on the FSIS Web page. Through the
Web page, FSIS is able to provide information to a much broader, more
diverse audience. In addition, FSIS offers an email subscription
service which provides automatic and customized access to selected food
safety news and information. This service is available at: https://www.fsis.usda.gov/subscribe. Options range from recalls to export
information, regulations, directives, and notices. Customers can add or
delete subscriptions themselves, and have the option to password
protect their accounts.
USDA Nondiscrimination Statement
No agency, officer, or employee of the USDA shall, on the grounds
of race, color, national origin, religion, sex, gender identity, sexual
orientation, disability, age, marital status, family/parental status,
income derived from a public assistance program, or political beliefs,
exclude from participation in, deny the benefits of, or subject to
discrimination any person in the United States under any program or
activity conducted by the USDA.
How To File a Complaint of Discrimination
To file a complaint of discrimination, complete the USDA Program
Discrimination Complaint Form, which may be accessed online at: https://www.ocio.usda.gov/sites/default/files/docs/2012/Complain_combined_6_8_12.pdf, or write a letter signed by you or your
authorized representative.
Send your completed complaint form or letter to USDA by mail, fax,
or email:
Mail: U.S. Department of Agriculture, Director, Office of
Adjudication, 1400 Independence Avenue SW., Washington, DC 20250-9410.
Fax: (202) 690-7442.
Email: program.intake@usda.gov.
Persons with disabilities who require alternative means for
communication (Braille, large print, audiotape, etc.), should contact
USDA's TARGET Center at (202) 720-2600 (voice and TDD).
List of Subjects in 9 CFR Part 327
Imported products.
For the reasons set out in the preamble, FSIS amends 9 CFR part 327
as follows:
9 CFR PART 327--IMPORTED PRODUCTS
0
1. The authority citation for part 327 continues to read as follows:
Authority: 21 U.S.C. 601-695; 7 CFR 2.18, 2.53.
Sec. 327.2 [Amended]
0
2. Amend Sec. 327.2(b) by adding ``Lithuania'' in alphabetical order
to the list of countries.
Done at Washington, DC, on: August 13, 2015.
Alfred V. Almanza,
Acting Administrator.
[FR Doc. 2015-21510 Filed 8-28-15; 8:45 am]
BILLING CODE 3410-DM-P