Eligibility of Honduras To Export Poultry Products to the United States, 21758-21762 [2016-08478]

Download as PDF 21758 Proposed Rules Federal Register Vol. 81, No. 71 Wednesday, April 13, 2016 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service 9 CFR Part 381 [Docket No. FSIS–2015–0016] RIN 0583–AD58 Eligibility of Honduras To Export Poultry Products to the United States Food Safety and Inspection Service, USDA. ACTION: Proposed rule. AGENCY: The Food Safety and Inspection Service (FSIS) is proposing to add Honduras to the list of countries eligible to export poultry products to the United States. The FSIS review of Honduras’ laws, regulations, and inspection system demonstrated that its poultry slaughter inspection system is equivalent to the system FSIS has established under the Poultry Products Inspection Act (PPIA) and its implementing regulations. At this time, because Honduras advised FSIS that it intends to export raw poultry products, such as whole carcasses, to the United States, FSIS has only assessed Honduras’ poultry slaughter establishments. Thus, should this proposed rule become final, Honduras would only be eligible to export raw poultry products to the United States. Should Honduras express interest in exporting processed poultry product, such as cooked or canned product, to the United States, they would need to request an equivalence determination. Honduras would be required to submit additional records for FSIS to review and conduct an audit as appropriate. Under this proposal, slaughtered poultry or parts thereof produced in certified Honduran establishments would be eligible for export to the United States. All such products would be subject to re-inspection at United States ports of entry by FSIS inspectors. DATES: Submit comments on or before June 13, 2016. jstallworth on DSK7TPTVN1PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 14:59 Apr 12, 2016 Jkt 238001 FSIS invites interested persons to submit comments on this notice. Comments may be submitted by one of the following methods: • Federal eRulemaking Portal: This Web site provides the ability to type short comments directly into the comment field on this Web page or attach a file for lengthier comments. Go to http://www.regulations.gov. Follow the on-line instructions at that site for submitting comments. • Mail, including CD–ROMs, etc.: Send to Docket Clerk, U.S. Department of Agriculture, Food Safety and Inspection Service, Docket Clerk, Patriots Plaza 3, 1400 Independence Avenue SW., Mailstop 3782, Room 8– 163A, Washington, DC 20250–3700. • Hand- or courier-delivered submittals: Deliver to Patriots Plaza 3, 355 E Street SW., Room 8–163A, Washington, DC 20250–3700. Instructions: All items submitted by mail or electronic mail must include the Agency name and docket number FSIS– 2015–0016. Comments received in response to this docket will be made available for public inspection and posted without change, including any personal information, to http:// www.regulations.gov. Docket: For access to background documents or comments received, go to the FSIS Docket Room at Patriots Plaza 3, 355 E Street SW., Room 8–164, Washington, DC 20250–3700 between 8:00 a.m. and 4:30 p.m., Monday through Friday. FOR FURTHER INFORMATION CONTACT: Dr. Daniel Engeljohn, Assistant Administrator, Office of Policy and Program Development; Telephone: (202) 205–0495. SUPPLEMENTARY INFORMATION: ADDRESSES: Background FSIS is proposing to amend its poultry products inspection regulations to add Honduras to the list of countries eligible to export poultry products to the United States (9 CFR 381.196(b)). Honduras is not currently listed as eligible to export poultry products to the United States. Honduras is currently eligible for the export of raw and processed meat products. If this proposed rule is finalized, establishments in Honduras will be eligible to export raw poultry to the United States. However, because of animal disease restrictions, Animal and PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 Plant Health Inspection Service (APHIS) regulations restrict Honduras from shipping raw poultry product to the U.S. Newcastle disease (ND) is considered by APHIS to exist in all regions of the world except those listed in paragraph (a)(2) of 9 CFR 94.6. Because Honduras is not listed, the APHIS regulation restricts the importation of poultry carcasses, meat, parts or products of carcasses, and eggs (other than hatching eggs) of poultry, game birds, or other birds from Honduras. Honduras has requested APHIS’ recognition of their ND status as ND free, and APHIS is conducting a review and evaluation. If APHIS determines that the request can be safely granted, it will state its intent and make its evaluation available for public comment through a document published in the Federal Register. Statutory Basis for Proposed Action Section 17 of the PPIA (21 U.S.C. 466) prohibits importation into the United States of slaughtered poultry, or parts or products thereof, of any kind unless they are healthful, wholesome, fit for human food, not adulterated, and contain no dye, chemical, preservative, or ingredient that renders them unhealthful, unwholesome, adulterated, or unfit for human food. Under the PPIA and the regulations that implement it, poultry products imported into the United States must be produced under standards for safety, wholesomeness, and labeling accuracy that are equivalent to those of the United States. Section 381.196 of Title 9 of the Code of Federal Regulations (CFR) sets out the procedures by which foreign countries may become eligible to export poultry and poultry products to the United States. Section 381.196(a) requires a foreign country’s poultry inspection system to include standards equivalent to those of the United States and to provide legal authority for the inspection system and its implementing regulations that is equivalent to that of the United States. Specifically, a country’s legal authority and regulations must impose requirements equivalent to those of the United States with respect to: (1) Antemortem and post-mortem inspection by, or under the direct supervision of, a veterinarian; (2) official controls by the national government over establishment construction, facilities, and equipment; E:\FR\FM\13APP1.SGM 13APP1 jstallworth on DSK7TPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 71 / Wednesday, April 13, 2016 / Proposed Rules (3) direct and continuous official supervision of slaughtering of poultry and processing of poultry products by inspectors to ensure that product is not adulterated or misbranded; (4) complete separation of establishments certified to export from those not certified; (5) maintenance of a single standard of inspection and sanitation throughout certified establishments; (6) requirements for sanitation and for sanitary handling of product at establishments certified to export; (7) official controls over condemned product; (8) a Hazard Analysis and Critical Control Point (HACCP) system; and (9) any other requirements found in the PPIA and its implementing regulations (9 CFR 381.196(a)(2)(ii)). In addition to a foreign country’s legal authority and regulations, the program itself must be equivalent to the United States. Specifically, the program organized and administered by the national government must impose requirements equivalent to those of the United States with respect to: (1) Organizational structure and staffing, so as to ensure uniform enforcement of the requisite laws and regulations in all certified establishments; (2) ultimate control and supervision by the national government 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 381.196(a)(2)(i)). The foreign country’s inspection system must ensure that establishments preparing poultry or poultry products for export to the United States, and their products, comply with requirements equivalent to those of the PPIA and the regulations promulgated by FSIS under the authority of that statute. The foreign country certifies the appropriate establishments as having met the required standards and advises FSIS of those establishments that are certified or removed from certification. Before FSIS will grant approval to the country to export poultry or poultry products to the United States, FSIS must first determine that reliance can be placed on the certification of establishments by the foreign country. As indicated above, a foreign country’s inspection system must be evaluated by FSIS before eligibility to export poultry products to the United States can be granted. This evaluation consists of two processes: A document review and an on-site review. The document review is an evaluation of the laws, regulations, and other written VerDate Sep<11>2014 14:59 Apr 12, 2016 Jkt 238001 materials used by the country to effect its inspection program. To help the country in organizing its material, FSIS provides the country with a series of questions asking for detailed information about the country’s inspection practices and procedures in six areas or equivalence components: (1) Government Oversight, (2) Statutory Authority and Food Safety Regulations, (3) Sanitation, (4) Hazard Analysis and Critical Control Point (HACCP) Systems, (5) Chemical Residue Testing Programs, and (6) Microbiological Testing Programs. FSIS evaluates the information submitted to verify that the critical points in the six equivalence components are addressed satisfactorily with respect to standards, activities, resources, and enforcement. If the document review is satisfactory, an onsite review is scheduled using a multidisciplinary team to evaluate all aspects of the country’s inspection program. This comprehensive process is described more fully on the FSIS Web site at http://www.fsis.usda.gov/wps/ portal/fsis/topics/international-affairs/ importing-products/equivalence/ equivalence-process-overview. The PPIA and implementing regulations require that foreign countries be listed in the CFR as eligible to export poultry products to the United States. FSIS must engage in rulemaking to list a country as eligible. Countries found eligible to export poultry or poultry products to the United States are listed in the poultry inspection regulations at 9 CFR 381.196(b). Once listed, it is the responsibility of the eligible country to certify that establishments meet the requirements to export poultry or poultry products to the United States and to ensure that products from these establishments are safe, wholesome, and not misbranded. To verify that products imported into the United States are safe, wholesome, and properly labeled and packaged, FSIS re-inspects and randomly samples those products before they enter the United States commerce. Evaluation of the Honduran Poultry Inspection System In 2003, the government of Honduras submitted an initial equivalence application and requested that FSIS conduct a review of Honduras’ poultry slaughter inspection system to establish eligibility to export raw poultry products to the United States. FSIS conducted a document review of Honduras’ poultry (slaughter) inspection system to determine whether that system was equivalent to that of the United States. Honduras only expressed interest in exporting raw poultry PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 21759 carcasses to the United States, and Honduras does not have a poultry processing establishment. Therefore, FSIS did not obtain documentation for an equivalence review of such a system. FSIS concluded on the basis of the review of Honduras’ poultry slaughter system that Honduras’ laws and regulations are equivalent to the Poultry Products Inspection Act (PPIA) and implementing regulations. Accordingly, FSIS proceeded with an initial on-site audit of Honduras’ poultry slaughter system in November 2005, to verify whether Honduras’ National Plant and Animal Health Service (SENASA), which is Honduras’ central competent authority for food inspection, effectively implemented a poultry inspection system equivalent to that of the United States. The audit resulted in the identification of systemic deficiencies within the following three equivalence components: Government Oversight, Sanitation, and HACCP. The audit found that SENASA did not have adequate government oversight and administrative controls over the inspection system. Also SENASA did not properly stage the necessary number of post-mortem inspectors at the evisceration line. In addition, the audit found during pre-operational sanitation verification inspection, SENASA did not implement procedures to ensure all shackles checked in a 15 foot section were not free of protein residue, fat particles from the previous day’s production and dried paint droplets. Likewise, the audit found that SENASA failed to verify whether establishments met HACCP requirements within the system. SENASA took corrective actions to address all of the audit findings, either at the time of the finding, or after the distribution of the Final Audit Report on March 7, 2006. FSIS reviewed the proffered corrective actions and determined that they would be sufficient to prevent re-occurrence. FSIS conducted a second on-site audit in June 2009, to verify whether all outstanding issues identified during the previous audit had been resolved. The 2009 audit verified that the implementation of Honduras’ corrective actions to the previous audit findings were implemented as described and were working as intended. However, the 2009 audit resulted in the identification of systemic deficiencies that had not been identified in the previous audit. The deficiencies related to the equivalence components of Sanitation, HACCP, and Microbiological Testing Programs. Specifically, the 2009 audit found that, with regard to Sanitation, SENASA did not implement procedures to verify E:\FR\FM\13APP1.SGM 13APP1 jstallworth on DSK7TPTVN1PROD with PROPOSALS 21760 Federal Register / Vol. 81, No. 71 / Wednesday, April 13, 2016 / Proposed Rules adequate sanitation programs. With regard to HACCP, SENASA did not implement procedures to verify establishments met HACCP requirements. Finally, with regard to Microbiological Testing Programs, SENASA did not provide adequate controls over the implementation of laboratory quality systems associated with microbiological testing of product which is intended for export to the U.S. After the 2009 on-site audit, Honduras developed a comprehensive corrective action plan to address the findings identified during the 2009 on-site audit. Its corrective actions included implementing new regulations, procedures, measures, and verification activities to ensure uniformity in conducting official inspection activities. FSIS reviewed Honduras’ corrective action plan and concluded that Honduras had satisfactorily addressed all audit findings. FSIS conducted a third on-site audit in September, 2014, to verify that Honduras had satisfactorily addressed all the findings of the November 2005 and June 2009 audits, and had met the FSIS criteria for all six equivalence components. The evaluation of all documentation provided by Honduras since the 2009 audit (corrective actions taken in response to the 2009 audit findings, regulatory updates, new performance standards, new microbiological laboratory procedures/ analyses) supported the decision to perform another audit. The auditor verified that all corrective actions to the 2009 audit findings were implemented as described, and working as intended. There were no new audit findings observed by the auditor during the 2014 on-site audit. The resolution of previous audit findings, and the absence of new audit findings supports the conclusion that the Honduran poultry regulatory system cumulatively achieves a level of protection equivalent to that provided by the United States’ poultry inspection system. In summary, FSIS has completed the document review, on-site audits, and verification of corrective actions as part of the equivalence process, and all outstanding issues have been resolved. FSIS has tentatively concluded that, as implemented, Honduras’ poultry inspection system (slaughter) is equivalent to the United States’ poultry inspection system. The full report on Honduras’ poultry inspection system (slaughter) can be found on the FSIS Web site at http://www.fsis.usda.gov/ wps/portal/fsis/topics/internationalaffairs/importing-products/eligiblecountries-products-foreign- VerDate Sep<11>2014 14:59 Apr 12, 2016 Jkt 238001 establishments/foreign-audit-reports/ foreign-audit-reports. At this time, Honduras intends to certify only one establishment as eligible to export product to the U.S. The establishment intends to export raw poultry product. Should this proposed rule become final, the government of Honduras must certify to FSIS those establishments that wish to export poultry products to the United States and that operate in accordance with requirements equivalent to that of the United States (9 CFR 381.196(a)). FSIS will verify that the establishments certified by Honduras’ government are meeting the United States requirements through verification audits of Honduras’ poultry inspection system. Although a foreign country may be listed in FSIS regulations as eligible to export poultry to the United States, the exporting country’s products must also comply with all other applicable requirements of the United States. These requirements include restrictions under 9 CFR part 94 of the United States Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) regulations, which also regulate the exportation of poultry products from foreign countries to the United States. At this time, APHIS does not allow Honduras to export raw poultry to the US because Honduras is not recognized by APHIS as a region free of Newcastle disease (ND). If this proposed rule is adopted and should APHIS allow Honduras to export raw poultry to the US in the future, all slaughtered poultry, or parts and products thereof, exported to the United States from Honduras will be subject to re-inspection at the U.S. ports of entry for, but not limited to, transportation damage, product and container defects, labeling, proper certification, general condition, and accurate count. In addition, FSIS will conduct other types of re-inspection activities, such as taking product samples for laboratory analysis for the detection of drug and chemical residues, pathogens, species, and product composition. Products that pass re-inspection will be stamped with the official United States mark of inspection and allowed to enter United States commerce. If they do not meet United States requirements, they will be refused entry and within 45 days must be exported to the country of origin, destroyed, or converted to animal food (subject to approval of FDA), depending on the violation. The import reinspection activities can be found on the FSIS Web site at http:// www.fsis.usda.gov/wps/portal/fsis/ topics/international-affairs/importingproducts/phis-import-component/phis- PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 implementation-letter-to-importers/ct_ index. Executive Order 12866 and 13563, and the Regulatory Flexibility Act Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This proposed rule has been designated a ‘‘non-significant’’ regulatory action under section 3(f) of Executive Order 12866. Accordingly, the proposed rule has not been reviewed by the Office of Management and Budget under Executive Order (E.O.) 12866. Expected Cost of the Proposed Rule If this proposed rule is finalized, establishments in Honduras will be eligible to export raw poultry to the United States. However, because of animal disease restrictions, APHIS regulations currently prohibit Honduras from immediately shipping raw poultry product to the U.S. Honduras’ establishments are currently eligible to export raw and processed beef and veal, raw and processed lamb and mutton, raw and processed goat as well as processed pork. According to data from the government of Honduras, if this proposed rule is finalized, Honduras intends to certify one establishment as eligible to export raw poultry to the United States.1 The expected export volume for this establishment for the first three years is 10,211 Metric Tons (MT). This is expected to increase to 11,231 MT in year four and 12,355 MT in year five.2 The U.S. poultry industry is one of the most competitive agricultural industries in the world. U.S. establishments slaughtered 17.9 million MT of young chickens in 2014.3 Approximately 3.0 million MT of young chickens slaughtered in the U.S. were exported in 2014. U.S. exports of young chicken comprised 31 percent of the 1 Honduras currently has only two establishments certified for meat exports to the United States. Therefore, it is unlikely we will see a significant increase in the number of establishments eligible to export poultry from Honduras. 2 Source: Correspondence with the Government of Honduras. 3 Source: FSIS’s Public Health Information System (PHIS) E:\FR\FM\13APP1.SGM 13APP1 Federal Register / Vol. 81, No. 71 / Wednesday, April 13, 2016 / Proposed Rules market share among major traders in 2014.4 The importation of poultry products from Honduras is expected to have a minimal impact on the United States poultry market. Should the proposed rule become final, FSIS estimates Honduras’ exports would comprise 0.6 percent (10,211 MT from Honduras compared to a U.S. slaughter volume of 17.9 million MT in 2014) of the United States market annually the first three years. FSIS estimates Honduras’ exports would continue to comprise 0.6 percent of the United States market the fourth year and increase 0.7 percent the fifth year. FSIS projects that Honduras would not alter the United States poultry supply and would not have an impact on domestic poultry prices. Therefore, FSIS projects that establishments in the U.S. would not see the negative effects that could come from a decrease in price as a result of increased competition. Companies based in Honduras that export to the United States or U.S. companies that export products from Honduras to the U.S. would incur standard costs such as export fees and freight and insurance costs. However, those companies would be willing to bear these costs because of the expected benefits associated with selling their products to the U.S. jstallworth on DSK7TPTVN1PROD with PROPOSALS Expected Benefits of the Proposed Rule Should this proposed rule become final, we would see an increase in trade between Honduras and the United States. The volume of poultry exported from Honduras is likely to be small and is expected to have little to no effect on U.S. poultry supplies or prices. Therefore, consumers will not benefit from a decrease in price that would result from increased competition. However, Latin American preferences for dark meat compliment American preferences for white meat. Therefore, Honduras’ establishments will benefit if they export surplus white meat to the United States. While the export of white meat from Honduras may be minimal compared to overall U.S. consumption, these exports may be significant enough in the long run to have an effect on domestic prices in Honduras.5 In addition, the Dominican RepublicCentral America-United States Free Trade Agreement (CAFTA–DR), 4 USDA Foreign Agricultural Service. (October 2014). Livestock and Poultry: World Markets and Trade. Washington, DC. http://apps.fas.usda.gov/ psdonline/circulars/livetock_poultry.pdf. 5 Haley, Mildred M. (May 2001). Changing Consumer Demand for Meat: The U.S. Example, 1970–2000. In A. Regmi, Changing Structure of Global Food Consumption and Trade (pp.41–48). (Economic Research Service Outlook No. WRS–01– 1) Washington, DC. VerDate Sep<11>2014 14:59 Apr 12, 2016 Jkt 238001 implemented in 2006, sought to level the playing field and increase trade between the United States and the six CAFTA–DR trading partners, including Honduras.6 If this proposed rule is finalized, we would see a fulfillment of those objectives, benefiting U.S. and Honduras’ firms and consumers, especially within the agricultural sector. Providing market access in the U.S. to Honduras’ establishments ensures similar access will be given to U.S. firms. American firms have already benefited from CAFTA–DR, with agricultural exports (including wheat, live animals and red meat) to Honduras nearly doubling (97 percent) between 2006 and 2014 and is expected to rise even further in the future. Regulatory Flexibility Act Assessment The FSIS Administrator has made a preliminary determination that this proposed rule will not have a significant economic impact on a substantial number of small entities in the United States, as defined by the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) because, as stated above, the proposed rule would not have a significant effect on an U.S. establishments. Paperwork Reduction Act No new paperwork requirements are associated with this proposed rule. Foreign countries wanting to export poultry and poultry products to the United States are required to provide information to FSIS certifying that their inspection system provides 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 Honduras 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 the U.S. Department of Agriculture (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 6 United States Department of Agriculture. FACT SHEET on Dominican Republic-Central AmericaUnited States Free Trade Agreement (Release No. 0237.08). Retrieved on March 18, 2015 from http:// www.usda.gov/wps/portal/usda/ usdamediafb?contentid=2008/09/ 0237.xml&printable=true&contentidonly=true. PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 21761 increased opportunities for citizen access to Government information and services, and for other purposes. Additional Public Notification Public awareness of all segments of rulemaking and policy development is important. Consequently, FSIS will announce this Federal Register publication and officially notify the World Trade Organization’s Committee on Sanitary and Phytosanitary Measures (WTO/SPS Committee) in Geneva, Switzerland, of this proposal on-line through the FSIS Web page located at: http://www.fsis.usda.gov/federalregister. 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: http://www.fsis.usda.gov/subscribe. Options range from recalls to export information, regulations, directives, and notices. Customers can add or delete subscriptions themselves, and have the option to password protect their accounts. USDA Non-Discrimination Statement No agency, officer, or employee of the USDA shall, on the grounds of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, age, marital status, family/ parental status, income derived from a public assistance program, or political beliefs, exclude from participation in, deny the benefits of, or subject to discrimination any person in the United States under any program or activity conducted by the USDA. How To File a Complaint of Discrimination To file a complaint of discrimination, complete the USDA Program Discrimination Complaint Form, which may be accessed online at http:// 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: E:\FR\FM\13APP1.SGM 13APP1 21762 Federal Register / Vol. 81, No. 71 / Wednesday, April 13, 2016 / Proposed Rules Mail: U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue SW., Washington, DC 20250–9410. Fax: (202) 690–7442. Email: program.intake@usda.gov. Persons with disabilities who require alternative means for communication (Braille, large print, audiotape, etc.), should contact USDA’s TARGET Center at (202) 720–2600 (voice and TDD). List of Subjects in 9 CFR Part 381 Imported products. For the reasons set out in the preamble, FSIS is proposing to amend 9 CFR part 381 as follows: PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS 1. The authority citation for part 381 continues to read as follows: ■ Authority: 7 U.S.C. 138f, 450; 21 U.S.C. 451–470; 7 CFR 2.7, 2.18, 2.53. § 381.196 [Amended] 2. Section 381.196 is amended in paragraph (b) by adding ‘‘Honduras’’ in alphabetical order to the list of countries. ■ Done at Washington, DC, on: April 8, 2016. Alfred V. Almanza, Acting Administrator. [FR Doc. 2016–08478 Filed 4–12–16; 8:45 am] BILLING CODE 3410–DM–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2014–0571; Directorate Identifier 2014–NM–059–AD] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of comment period. AGENCY: We are revising an earlier proposed airworthiness directive (AD) for certain The Boeing Company Model 767–200, –300, and –400ER series airplanes. The NPRM proposed an inspection for plastic couplings, corrective actions if necessary, and installation of new spray shrouds. The NPRM was prompted by a report of the engine indication and crew alerting system (EICAS) display system malfunctioning during flight. This jstallworth on DSK7TPTVN1PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 14:59 Apr 12, 2016 Jkt 238001 action revises the NPRM by adding, for certain airplanes, a general visual inspection of the spray shield and related investigative and corrective actions if necessary. We are proposing this supplemental NPRM (SNPRM) to prevent an uncontrolled water leak from a defective potable water system coupling, which could cause the main equipment center (MEC) line replaceable units (LRUs) to become wet, resulting in an electrical short and potential loss of several functions essential for safe flight. Since these actions impose an additional burden over that proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes. DATES: We must receive comments on this SNPRM by May 31, 2016. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this NPRM, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, WA 98124–2207; telephone 206–544–5000, extension 1; fax 206– 766–5680; Internet https:// www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. It is also available on the internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2014– 0571. Examining the AD Docket You may examine the AD docket on the Internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2014– 0571; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (phone: 800–647–5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Stanley Chen, Aerospace Engineer, Cabin Safety and Environmental Systems Branch, ANM–150S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057–3356; phone: 425–917–6585; fax: 425–917–6590; email: stanley.chen@faa.gov. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2014–0571; Directorate Identifier 2014–NM–059–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments. We will post all comments we receive, without change, to http:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion We issued an NPRM to amend 14 CFR part 39 by adding an AD that would apply to certain The Boeing Company Model 767–200, –300, and –400ER series airplanes. The NPRM published in the Federal Register on August 14, 2014 (79 FR 47597) (‘‘the NPRM’’). The NPRM proposed to require an inspection for plastic couplings, corrective actions if necessary, and installation of new spray shrouds. Actions Since Previous NPRM Was Issued Since we issued the NPRM, Boeing has issued Boeing Alert Service Bulletin 767–38A0073, Revision 2, dated August 10, 2015. Boeing Alert Service Bulletin 767–38A0073, Revision 2, dated August 10, 2015, adds, for certain airplanes, a general visual inspection of the spray shield to determine if it has two slits and is installed correctly, and related investigative and corrective actions if E:\FR\FM\13APP1.SGM 13APP1

Agencies

[Federal Register Volume 81, Number 71 (Wednesday, April 13, 2016)]
[Proposed Rules]
[Pages 21758-21762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08478]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 81, No. 71 / Wednesday, April 13, 2016 / 
Proposed Rules

[[Page 21758]]



DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Part 381

[Docket No. FSIS-2015-0016]
RIN 0583-AD58


Eligibility of Honduras To Export Poultry Products to the United 
States

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: The Food Safety and Inspection Service (FSIS) is proposing to 
add Honduras to the list of countries eligible to export poultry 
products to the United States. The FSIS review of Honduras' laws, 
regulations, and inspection system demonstrated that its poultry 
slaughter inspection system is equivalent to the system FSIS has 
established under the Poultry Products Inspection Act (PPIA) and its 
implementing regulations.
    At this time, because Honduras advised FSIS that it intends to 
export raw poultry products, such as whole carcasses, to the United 
States, FSIS has only assessed Honduras' poultry slaughter 
establishments. Thus, should this proposed rule become final, Honduras 
would only be eligible to export raw poultry products to the United 
States. Should Honduras express interest in exporting processed poultry 
product, such as cooked or canned product, to the United States, they 
would need to request an equivalence determination. Honduras would be 
required to submit additional records for FSIS to review and conduct an 
audit as appropriate.
    Under this proposal, slaughtered poultry or parts thereof produced 
in certified Honduran establishments would be eligible for export to 
the United States. All such products would be subject to re-inspection 
at United States ports of entry by FSIS inspectors.

DATES: Submit comments on or before June 13, 2016.

ADDRESSES: FSIS invites interested persons to submit comments on this 
notice. Comments may be submitted by one of the following methods:
     Federal eRulemaking Portal: This Web site provides the 
ability to type short comments directly into the comment field on this 
Web page or attach a file for lengthier comments. Go to http://www.regulations.gov. Follow the on-line instructions at that site for 
submitting comments.
     Mail, including CD-ROMs, etc.: Send to Docket Clerk, U.S. 
Department of Agriculture, Food Safety and Inspection Service, Docket 
Clerk, Patriots Plaza 3, 1400 Independence Avenue SW., Mailstop 3782, 
Room 8-163A, Washington, DC 20250-3700.
     Hand- or courier-delivered submittals: Deliver to Patriots 
Plaza 3, 355 E Street SW., Room 8-163A, Washington, DC 20250-3700.
    Instructions: All items submitted by mail or electronic mail must 
include the Agency name and docket number FSIS-2015-0016. Comments 
received in response to this docket will be made available for public 
inspection and posted without change, including any personal 
information, to http://www.regulations.gov.
    Docket: For access to background documents or comments received, go 
to the FSIS Docket Room at Patriots Plaza 3, 355 E Street SW., Room 8-
164, Washington, DC 20250-3700 between 8:00 a.m. and 4:30 p.m., Monday 
through Friday.

FOR FURTHER INFORMATION CONTACT: Dr. Daniel Engeljohn, Assistant 
Administrator, Office of Policy and Program Development; Telephone: 
(202) 205-0495.

SUPPLEMENTARY INFORMATION: 

Background

    FSIS is proposing to amend its poultry products inspection 
regulations to add Honduras to the list of countries eligible to export 
poultry products to the United States (9 CFR 381.196(b)). Honduras is 
not currently listed as eligible to export poultry products to the 
United States. Honduras is currently eligible for the export of raw and 
processed meat products. If this proposed rule is finalized, 
establishments in Honduras will be eligible to export raw poultry to 
the United States. However, because of animal disease restrictions, 
Animal and Plant Health Inspection Service (APHIS) regulations restrict 
Honduras from shipping raw poultry product to the U.S. Newcastle 
disease (ND) is considered by APHIS to exist in all regions of the 
world except those listed in paragraph (a)(2) of 9 CFR 94.6. Because 
Honduras is not listed, the APHIS regulation restricts the importation 
of poultry carcasses, meat, parts or products of carcasses, and eggs 
(other than hatching eggs) of poultry, game birds, or other birds from 
Honduras. Honduras has requested APHIS' recognition of their ND status 
as ND free, and APHIS is conducting a review and evaluation. If APHIS 
determines that the request can be safely granted, it will state its 
intent and make its evaluation available for public comment through a 
document published in the Federal Register.
Statutory Basis for Proposed Action
    Section 17 of the PPIA (21 U.S.C. 466) prohibits importation into 
the United States of slaughtered poultry, or parts or products thereof, 
of any kind unless they are healthful, wholesome, fit for human food, 
not adulterated, and contain no dye, chemical, preservative, or 
ingredient that renders them unhealthful, unwholesome, adulterated, or 
unfit for human food. Under the PPIA and the regulations that implement 
it, poultry products imported into the United States must be produced 
under standards for safety, wholesomeness, and labeling accuracy that 
are equivalent to those of the United States. Section 381.196 of Title 
9 of the Code of Federal Regulations (CFR) sets out the procedures by 
which foreign countries may become eligible to export poultry and 
poultry products to the United States.
    Section 381.196(a) requires a foreign country's poultry inspection 
system to include standards equivalent to those of the United States 
and to provide legal authority for the inspection system and its 
implementing regulations that is equivalent to that of the United 
States. Specifically, a country's legal authority and regulations must 
impose requirements equivalent to those of the United States with 
respect to: (1) Ante-mortem and post-mortem inspection by, or under the 
direct supervision of, a veterinarian; (2) official controls by the 
national government over establishment construction, facilities, and 
equipment;

[[Page 21759]]

(3) direct and continuous official supervision of slaughtering of 
poultry and processing of poultry products by inspectors to ensure that 
product is not adulterated or misbranded; (4) complete separation of 
establishments certified to export from those not certified; (5) 
maintenance of a single standard of inspection and sanitation 
throughout certified establishments; (6) requirements for sanitation 
and for sanitary handling of product at establishments certified to 
export; (7) official controls over condemned product; (8) a Hazard 
Analysis and Critical Control Point (HACCP) system; and (9) any other 
requirements found in the PPIA and its implementing regulations (9 CFR 
381.196(a)(2)(ii)).
    In addition to a foreign country's legal authority and regulations, 
the program itself must be equivalent to the United States. 
Specifically, the program organized and administered by the national 
government must impose requirements equivalent to those of the United 
States with respect to: (1) Organizational structure and staffing, so 
as to ensure uniform enforcement of the requisite laws and regulations 
in all certified establishments; (2) ultimate control and supervision 
by the national government 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 381.196(a)(2)(i)).
    The foreign country's inspection system must ensure that 
establishments preparing poultry or poultry products for export to the 
United States, and their products, comply with requirements equivalent 
to those of the PPIA and the regulations promulgated by FSIS under the 
authority of that statute. The foreign country certifies the 
appropriate establishments as having met the required standards and 
advises FSIS of those establishments that are certified or removed from 
certification. Before FSIS will grant approval to the country to export 
poultry or poultry products to the United States, FSIS must first 
determine that reliance can be placed on the certification of 
establishments by the foreign country.
    As indicated above, a foreign country's inspection system must be 
evaluated by FSIS before eligibility to export poultry products to the 
United States can be granted. This evaluation consists of two 
processes: A document review and an on-site review. The document review 
is an evaluation of the laws, regulations, and other written materials 
used by the country to effect its inspection program. To help the 
country in organizing its material, FSIS provides the country with a 
series of questions asking for detailed information about the country's 
inspection practices and procedures in six areas or equivalence 
components: (1) Government Oversight, (2) Statutory Authority and Food 
Safety Regulations, (3) Sanitation, (4) Hazard Analysis and Critical 
Control Point (HACCP) Systems, (5) Chemical Residue Testing Programs, 
and (6) Microbiological Testing Programs. FSIS evaluates the 
information submitted to verify that the critical points in the six 
equivalence components are addressed satisfactorily with respect to 
standards, activities, resources, and enforcement. If the document 
review is satisfactory, an on-site review is scheduled using a multi-
disciplinary team to evaluate all aspects of the country's inspection 
program. This comprehensive process is described more fully on the FSIS 
Web site at http://www.fsis.usda.gov/wps/portal/fsis/topics/international-affairs/importing-products/equivalence/equivalence-process-overview.
    The PPIA and implementing regulations require that foreign 
countries be listed in the CFR as eligible to export poultry products 
to the United States. FSIS must engage in rulemaking to list a country 
as eligible. Countries found eligible to export poultry or poultry 
products to the United States are listed in the poultry inspection 
regulations at 9 CFR 381.196(b). Once listed, it is the responsibility 
of the eligible country to certify that establishments meet the 
requirements to export poultry or poultry products to the United States 
and to ensure that products from these establishments are safe, 
wholesome, and not misbranded. To verify that products imported into 
the United States are safe, wholesome, and properly labeled and 
packaged, FSIS re-inspects and randomly samples those products before 
they enter the United States commerce.

Evaluation of the Honduran Poultry Inspection System

    In 2003, the government of Honduras submitted an initial 
equivalence application and requested that FSIS conduct a review of 
Honduras' poultry slaughter inspection system to establish eligibility 
to export raw poultry products to the United States. FSIS conducted a 
document review of Honduras' poultry (slaughter) inspection system to 
determine whether that system was equivalent to that of the United 
States. Honduras only expressed interest in exporting raw poultry 
carcasses to the United States, and Honduras does not have a poultry 
processing establishment. Therefore, FSIS did not obtain documentation 
for an equivalence review of such a system. FSIS concluded on the basis 
of the review of Honduras' poultry slaughter system that Honduras' laws 
and regulations are equivalent to the Poultry Products Inspection Act 
(PPIA) and implementing regulations.
    Accordingly, FSIS proceeded with an initial on-site audit of 
Honduras' poultry slaughter system in November 2005, to verify whether 
Honduras' National Plant and Animal Health Service (SENASA), which is 
Honduras' central competent authority for food inspection, effectively 
implemented a poultry inspection system equivalent to that of the 
United States. The audit resulted in the identification of systemic 
deficiencies within the following three equivalence components: 
Government Oversight, Sanitation, and HACCP. The audit found that 
SENASA did not have adequate government oversight and administrative 
controls over the inspection system. Also SENASA did not properly stage 
the necessary number of post-mortem inspectors at the evisceration 
line. In addition, the audit found during pre-operational sanitation 
verification inspection, SENASA did not implement procedures to ensure 
all shackles checked in a 15 foot section were not free of protein 
residue, fat particles from the previous day's production and dried 
paint droplets. Likewise, the audit found that SENASA failed to verify 
whether establishments met HACCP requirements within the system. SENASA 
took corrective actions to address all of the audit findings, either at 
the time of the finding, or after the distribution of the Final Audit 
Report on March 7, 2006. FSIS reviewed the proffered corrective actions 
and determined that they would be sufficient to prevent re-occurrence.
    FSIS conducted a second on-site audit in June 2009, to verify 
whether all outstanding issues identified during the previous audit had 
been resolved. The 2009 audit verified that the implementation of 
Honduras' corrective actions to the previous audit findings were 
implemented as described and were working as intended.
    However, the 2009 audit resulted in the identification of systemic 
deficiencies that had not been identified in the previous audit. The 
deficiencies related to the equivalence components of Sanitation, 
HACCP, and Microbiological Testing Programs. Specifically, the 2009 
audit found that, with regard to Sanitation, SENASA did not implement 
procedures to verify

[[Page 21760]]

adequate sanitation programs. With regard to HACCP, SENASA did not 
implement procedures to verify establishments met HACCP requirements. 
Finally, with regard to Microbiological Testing Programs, SENASA did 
not provide adequate controls over the implementation of laboratory 
quality systems associated with microbiological testing of product 
which is intended for export to the U.S.
    After the 2009 on-site audit, Honduras developed a comprehensive 
corrective action plan to address the findings identified during the 
2009 on-site audit. Its corrective actions included implementing new 
regulations, procedures, measures, and verification activities to 
ensure uniformity in conducting official inspection activities. FSIS 
reviewed Honduras' corrective action plan and concluded that Honduras 
had satisfactorily addressed all audit findings.
    FSIS conducted a third on-site audit in September, 2014, to verify 
that Honduras had satisfactorily addressed all the findings of the 
November 2005 and June 2009 audits, and had met the FSIS criteria for 
all six equivalence components. The evaluation of all documentation 
provided by Honduras since the 2009 audit (corrective actions taken in 
response to the 2009 audit findings, regulatory updates, new 
performance standards, new microbiological laboratory procedures/
analyses) supported the decision to perform another audit. The auditor 
verified that all corrective actions to the 2009 audit findings were 
implemented as described, and working as intended. There were no new 
audit findings observed by the auditor during the 2014 on-site audit. 
The resolution of previous audit findings, and the absence of new audit 
findings supports the conclusion that the Honduran poultry regulatory 
system cumulatively achieves a level of protection equivalent to that 
provided by the United States' poultry inspection system.
    In summary, FSIS has completed the document review, on-site audits, 
and verification of corrective actions as part of the equivalence 
process, and all outstanding issues have been resolved. FSIS has 
tentatively concluded that, as implemented, Honduras' poultry 
inspection system (slaughter) is equivalent to the United States' 
poultry inspection system. The full report on Honduras' poultry 
inspection system (slaughter) can be found on the FSIS Web site at 
http://www.fsis.usda.gov/wps/portal/fsis/topics/international-affairs/importing-products/eligible-countries-products-foreign-establishments/foreign-audit-reports/foreign-audit-reports.
    At this time, Honduras intends to certify only one establishment as 
eligible to export product to the U.S. The establishment intends to 
export raw poultry product. Should this proposed rule become final, the 
government of Honduras must certify to FSIS those establishments that 
wish to export poultry products to the United States and that operate 
in accordance with requirements equivalent to that of the United States 
(9 CFR 381.196(a)). FSIS will verify that the establishments certified 
by Honduras' government are meeting the United States requirements 
through verification audits of Honduras' poultry inspection system.
    Although a foreign country may be listed in FSIS regulations as 
eligible to export poultry to the United States, the exporting 
country's products must also comply with all other applicable 
requirements of the United States. These requirements include 
restrictions under 9 CFR part 94 of the United States Department of 
Agriculture's Animal and Plant Health Inspection Service (APHIS) 
regulations, which also regulate the exportation of poultry products 
from foreign countries to the United States. At this time, APHIS does 
not allow Honduras to export raw poultry to the US because Honduras is 
not recognized by APHIS as a region free of Newcastle disease (ND).
    If this proposed rule is adopted and should APHIS allow Honduras to 
export raw poultry to the US in the future, all slaughtered poultry, or 
parts and products thereof, exported to the United States from Honduras 
will be subject to re-inspection at the U.S. ports of entry for, but 
not limited to, transportation damage, product and container defects, 
labeling, proper certification, general condition, and accurate count.
    In addition, FSIS will conduct other types of re-inspection 
activities, such as taking product samples for laboratory analysis for 
the detection of drug and chemical residues, pathogens, species, and 
product composition. Products that pass re-inspection will be stamped 
with the official United States mark of inspection and allowed to enter 
United States commerce. If they do not meet United States requirements, 
they will be refused entry and within 45 days must be exported to the 
country of origin, destroyed, or converted to animal food (subject to 
approval of FDA), depending on the violation. The import re-inspection 
activities can be found on the FSIS Web site at http://www.fsis.usda.gov/wps/portal/fsis/topics/international-affairs/importing-products/phis-import-component/phis-implementation-letter-to-importers/ct_index.

Executive Order 12866 and 13563, and the Regulatory Flexibility Act

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This proposed rule has been designated a ``non-
significant'' regulatory action under section 3(f) of Executive Order 
12866. Accordingly, the proposed rule has not been reviewed by the 
Office of Management and Budget under Executive Order (E.O.) 12866.

Expected Cost of the Proposed Rule

    If this proposed rule is finalized, establishments in Honduras will 
be eligible to export raw poultry to the United States. However, 
because of animal disease restrictions, APHIS regulations currently 
prohibit Honduras from immediately shipping raw poultry product to the 
U.S. Honduras' establishments are currently eligible to export raw and 
processed beef and veal, raw and processed lamb and mutton, raw and 
processed goat as well as processed pork. According to data from the 
government of Honduras, if this proposed rule is finalized, Honduras 
intends to certify one establishment as eligible to export raw poultry 
to the United States.\1\ The expected export volume for this 
establishment for the first three years is 10,211 Metric Tons (MT). 
This is expected to increase to 11,231 MT in year four and 12,355 MT in 
year five.\2\
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    \1\ Honduras currently has only two establishments certified for 
meat exports to the United States. Therefore, it is unlikely we will 
see a significant increase in the number of establishments eligible 
to export poultry from Honduras.
    \2\ Source: Correspondence with the Government of Honduras.
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    The U.S. poultry industry is one of the most competitive 
agricultural industries in the world. U.S. establishments slaughtered 
17.9 million MT of young chickens in 2014.\3\ Approximately 3.0 million 
MT of young chickens slaughtered in the U.S. were exported in 2014. 
U.S. exports of young chicken comprised 31 percent of the

[[Page 21761]]

market share among major traders in 2014.\4\
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    \3\ Source: FSIS's Public Health Information System (PHIS)
    \4\ USDA Foreign Agricultural Service. (October 2014). Livestock 
and Poultry: World Markets and Trade. Washington, DC. http://apps.fas.usda.gov/psdonline/circulars/livetock_poultry.pdf.
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    The importation of poultry products from Honduras is expected to 
have a minimal impact on the United States poultry market. Should the 
proposed rule become final, FSIS estimates Honduras' exports would 
comprise 0.6 percent (10,211 MT from Honduras compared to a U.S. 
slaughter volume of 17.9 million MT in 2014) of the United States 
market annually the first three years. FSIS estimates Honduras' exports 
would continue to comprise 0.6 percent of the United States market the 
fourth year and increase 0.7 percent the fifth year. FSIS projects that 
Honduras would not alter the United States poultry supply and would not 
have an impact on domestic poultry prices. Therefore, FSIS projects 
that establishments in the U.S. would not see the negative effects that 
could come from a decrease in price as a result of increased 
competition.
    Companies based in Honduras that export to the United States or 
U.S. companies that export products from Honduras to the U.S. would 
incur standard costs such as export fees and freight and insurance 
costs. However, those companies would be willing to bear these costs 
because of the expected benefits associated with selling their products 
to the U.S.

Expected Benefits of the Proposed Rule

    Should this proposed rule become final, we would see an increase in 
trade between Honduras and the United States. The volume of poultry 
exported from Honduras is likely to be small and is expected to have 
little to no effect on U.S. poultry supplies or prices. Therefore, 
consumers will not benefit from a decrease in price that would result 
from increased competition. However, Latin American preferences for 
dark meat compliment American preferences for white meat. Therefore, 
Honduras' establishments will benefit if they export surplus white meat 
to the United States. While the export of white meat from Honduras may 
be minimal compared to overall U.S. consumption, these exports may be 
significant enough in the long run to have an effect on domestic prices 
in Honduras.\5\
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    \5\ Haley, Mildred M. (May 2001). Changing Consumer Demand for 
Meat: The U.S. Example, 1970-2000. In A. Regmi, Changing Structure 
of Global Food Consumption and Trade (pp.41-48). (Economic Research 
Service Outlook No. WRS-01-1) Washington, DC.
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    In addition, the Dominican Republic-Central America-United States 
Free Trade Agreement (CAFTA-DR), implemented in 2006, sought to level 
the playing field and increase trade between the United States and the 
six CAFTA-DR trading partners, including Honduras.\6\ If this proposed 
rule is finalized, we would see a fulfillment of those objectives, 
benefiting U.S. and Honduras' firms and consumers, especially within 
the agricultural sector. Providing market access in the U.S. to 
Honduras' establishments ensures similar access will be given to U.S. 
firms. American firms have already benefited from CAFTA-DR, with 
agricultural exports (including wheat, live animals and red meat) to 
Honduras nearly doubling (97 percent) between 2006 and 2014 and is 
expected to rise even further in the future.
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    \6\ United States Department of Agriculture. FACT SHEET on 
Dominican Republic-Central America-United States Free Trade 
Agreement (Release No. 0237.08). Retrieved on March 18, 2015 from 
http://www.usda.gov/wps/portal/usda/usdamediafb?contentid=2008/09/0237.xml&printable=true&contentidonly=true.
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Regulatory Flexibility Act Assessment

    The FSIS Administrator has made a preliminary determination that 
this proposed rule will not have a significant economic impact on a 
substantial number of small entities in the United States, as defined 
by the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) because, as 
stated above, the proposed rule would not have a significant effect on 
an U.S. establishments.

Paperwork Reduction Act

    No new paperwork requirements are associated with this proposed 
rule. Foreign countries wanting to export poultry and poultry products 
to the United States are required to provide information to FSIS 
certifying that their inspection system provides 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 Honduras 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 the U.S. Department of Agriculture (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

    Public awareness of all segments of rulemaking and policy 
development is important. Consequently, FSIS will announce this Federal 
Register publication and officially notify the World Trade 
Organization's Committee on Sanitary and Phytosanitary Measures (WTO/
SPS Committee) in Geneva, Switzerland, of this proposal on-line through 
the FSIS Web page located at: http://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: http://www.fsis.usda.gov/subscribe. Options range from recalls to export 
information, regulations, directives, and notices. Customers can add or 
delete subscriptions themselves, and have the option to password 
protect their accounts.

USDA Non-Discrimination Statement

    No agency, officer, or employee of the USDA shall, on the grounds 
of race, color, national origin, religion, sex, gender identity, sexual 
orientation, disability, age, marital status, family/parental status, 
income derived from a public assistance program, or political beliefs, 
exclude from participation in, deny the benefits of, or subject to 
discrimination any person in the United States under any program or 
activity conducted by the USDA.

How To File a Complaint of Discrimination

    To file a complaint of discrimination, complete the USDA Program 
Discrimination Complaint Form, which may be accessed online at http://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:

[[Page 21762]]

    Mail: U.S. Department of Agriculture, Director, Office of 
Adjudication, 1400 Independence Avenue SW., Washington, DC 20250-9410.
    Fax: (202) 690-7442.
    Email: program.intake@usda.gov.
    Persons with disabilities who require alternative means for 
communication (Braille, large print, audiotape, etc.), should contact 
USDA's TARGET Center at (202) 720-2600 (voice and TDD).

List of Subjects in 9 CFR Part 381

    Imported products.

    For the reasons set out in the preamble, FSIS is proposing to amend 
9 CFR part 381 as follows:

PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS

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 2.7, 
2.18, 2.53.


Sec.  381.196  [Amended]

0
2. Section 381.196 is amended in paragraph (b) by adding ``Honduras'' 
in alphabetical order to the list of countries.

    Done at Washington, DC, on: April 8, 2016.
Alfred V. Almanza,
Acting Administrator.
[FR Doc. 2016-08478 Filed 4-12-16; 8:45 am]
 BILLING CODE 3410-DM-P