Eligibility of the Socialist Republic of Vietnam To Export Siluriformes Fish and Fish Products to the United States, 47528-47532 [2018-20376]
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Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules
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List of Subjects in 9 CFR Part 557
Imported products.
19:00 Sep 18, 2018
PART 557—IMPORTATION
1. The authority citation for part 557
continues to read as follows:
■
Authority: 21 U.S.C. 601–602, 606–622,
624–695; 7 CFR 2.7, 2.18, 2.53.
2. In § 557.2, revise paragraph (b)(1) to
read as follows:
■
§ 557.2 Eligibility of foreign countries for
importation of fish and fish products into
the United States.
*
*
*
*
*
(b)(1) It has been determined that fish
and fish products from the following
countries covered by foreign inspection
certificates of the country of origin as
required by § 557.4, are eligible under
the regulations in this subchapter for
entry into the United States after
inspection and marking as required by
the applicable provisions of this part:
Peoples Republic of China.
*
*
*
*
*
Paul Kiecker,
Acting Administrator.
[FR Doc. 2018–20379 Filed 9–14–18; 4:15 pm]
BILLING CODE 3410–DM–P
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 557
[Docket No. FSIS–2018–0029]
RIN [0583–AD74]
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VerDate Sep<11>2014
For the reasons set out in the
preamble, FSIS is proposing to amend 9
CFR part 557 as follows:
Jkt 244001
Eligibility of the Socialist Republic of
Vietnam To Export Siluriformes Fish
and Fish 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 amend the Siluriformes fish
inspection regulations to list the
Socialist Republic of Vietnam (Vietnam)
as a country eligible to export
Siluriformes fish and fish products to
the United States. FSIS is proposing this
action because the Agency has reviewed
Vietnam’s laws, regulations, and
inspection system as implemented and
has determined that Vietnam’s
Siluriformes fish inspection system is
equivalent to the system that the United
States has established under the Federal
Meat Inspection Act (FMIA) and its
implementing regulations.
SUMMARY:
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Under this proposal, only raw
Siluriformes fish and fish products
produced in certified Vietnamese
establishments would be eligible for
export to the United States. All such
products would continue to be subject
to re-inspection at U.S. points-of-entry
by FSIS inspectors.
DATES: Submit comments on or before
October 19, 2018.
ADDRESSES: FSIS invites interested
persons to submit comments on the
proposed rule. Comments may be
submitted by one of the following
methods:
• Federal eRulemaking Portal: This
website 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 https://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, 1400 Independence
Avenue SW, Mailstop 3758, Room 6065,
Washington, DC 20250–3700.
• Hand- or courier-delivered
submittals: Deliver to 1400
Independence Avenue SW, Room 6065,
Washington, DC 20250–3700.
Instructions: All items submitted by
mail or electronic mail must include the
Agency name and docket number FSIS–
2018–0029. Comments received in
response to this docket will be made
available for public inspection and
posted without change, including any
personal information, to https://
www.regulations.gov.
Docket: For access to background
documents or comments received, call
(202)720–5627 to schedule a time to
visit the FSIS Docket Room at 1400
Independence Avenue SW, Room 6065,
Washington, DC 20250–3700.
FOR FURTHER INFORMATION CONTACT:
Roberta Wagner, Assistant
Administrator, Office of Policy and
Program Development; Telephone: (202)
205–0495.
SUPPLEMENTARY INFORMATION:
Background
FSIS is proposing to amend its
regulations at 9 CFR 557.2(b)(1) to add
Vietnam as a country eligible to export
Siluriformes fish and fish products to
the United States (for convenience, in
this proposed rule, ‘‘Siluriformes fish
and fish products’’ will be shortened to
‘‘Siluriformes fish’’). Although Vietnam
has been allowed to export these
products to the United States under the
conditions described below, Vietnam is
not currently listed in the Code of
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Federal Regulations (CFR) as eligible to
export Siluriformes fish to the United
States.
Transitional Period
On December 2, 2015, FSIS published
the final rule, ‘‘Mandatory Inspection of
Fish of the Order Siluriformes and
Products Derived from Such Fish’’ (80
FR 75590). The final rule established a
mandatory FSIS inspection system for
fish of the order Siluriformes and
products derived from these fish. The
final regulations implemented the
provisions of the 2008 and 2014 Farm
Bills, which amended the FMIA,
mandating FSIS inspection of
Siluriformes fish.
The final rule provided an 18-month
period, from March 1, 2016, to
September 1, 2017, for both the U.S.
domestic Siluriformes fish industry and
international trading partners to
transition from the regulatory
requirements of the U.S. Food and Drug
Administration (FDA), the agency
formerly responsible for regulatory
oversight of Siluriformes fish, to the
regulatory requirements of FSIS. By
March 1, 2016, FSIS required foreign
countries to submit written
documentation identifying a list of
establishments that had been exporting
and would continue exporting
Siluriformes fish to the United States. In
addition, by March 1, 2016, FSIS
required foreign countries to submit
written documentation to demonstrate
that they had laws or other legal
measures in place that provide authority
to regulate the growing and processing
of fish for human food, and to assure
compliance with FDA’s good
manufacturing practices, Hazard
Analysis and Critical Control Point
(HACCP) requirements, sanitation
control procedures, and other regulatory
requirements in 21 CFR part 123, Fish
and Fishery Products.
FSIS recognized the foreign countries’
initial documentation until the end of
the transitional period on September 1,
2017. Foreign countries that wished to
continue exporting after September 1,
2017, were required to submit
documentation substantiating the
equivalence of their Siluriformes fish
inspection system to that of the United
States. Foreign countries that submitted
complete equivalence documentation by
September 1, 2017, were permitted to
continue exporting Siluriformes fish
until such time that FSIS determines if
their Siluriformes fish inspection
systems are equivalent to the U.S.
system.
Vietnam submitted its initial
documentation in February 2016, which
allowed it to continue exporting
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Siluriformes fish during the transitional
period. In August 2017, Vietnam
submitted a completed Self-Reporting
Tool (SRT), the questionnaire that FSIS
uses to assess the equivalence of a
foreign country’s food safety inspection
system.
FSIS stated in the final rule that,
during the transitional period, it would
reinspect imported Siluriformes fish
and test for species identification and
residues at least on a quarterly basis for
each foreign establishment that exported
Siluriformes fish to the U.S. (80 FR
75608). FSIS conducted random and
targeted sampling and testing of
imported Siluriformes fish during the
transitional period, and on August 2,
2017, began reinspecting all shipments
of Siluriformes fish, with random
sampling for species and residue testing.
During the testing, FSIS found residue
violations in shipments of Siluriformes
fish exported from Vietnam. When
imported product fails FSIS testing, the
product is refused entry and the
designated competent authority of the
foreign government’s inspection system
is notified and further shipments of
product from the foreign establishment
are placed under either an increased or
intensified level of sampling. FSIS
notified Vietnam’s National AgroForestry-Fisheries Quality Assurance
Department (NAFIQAD), the central
competent authority for food inspection,
of the residue violations, and in
response, NAFIQAD investigated to
determine the cause of the violations
and provided corrective actions.
Statutory and Regulatory Basis for
Proposed Action
Siluriformes fish are an amenable
species under the FMIA (21 U.S.C.
601(w)(2)). The FMIA prohibits
importation into the United States of
adulterated or misbranded meat and
meat food products (21 U.S.C. 620).
Under the FMIA and its implementing
regulations, Siluriformes fish imported
into the United States must be from
foreign countries that maintain an
inspection system that ensures
compliance with requirements
equivalent to all the inspection,
sanitary, quality, species verification,
and residue standards, and all other
provisions of the FMIA which are
applied to official establishments in the
United States. The regulatory
requirements for foreign countries to
become eligible to export Siluriformes
fish to the United States are provided in
9 CFR 557.2, which cross-references 9
CFR 327.2, the regulations for the
import of other products also subject to
the FMIA. As noted above, FSIS has
allowed Vietnam to continue shipping
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product while FSIS made the
determination concerning whether the
country’s inspection system is
equivalent to that of FSIS.
Section 557.2(a) (cross-referencing 9
CFR 327.2(a)(2)(i), (a)(2)(i), (a)(2)(ii)(C)–
(I), (a)(2)(iii)–(iv), and (a)(3)), requires a
foreign country’s inspection system be
authorized by legal authority that
imposes requirements equivalent to
those of the United States, specifically
with respect to: (1) Official controls by
the national government over
establishment construction, facilities,
and equipment; (2) direct official
supervision of the preparation of
product to assure that product is not
adulterated or misbranded; (3)
separation of establishments operations
for product certified for export from
product that is not certified; (4)
requirements for sanitation at certified
establishments and for sanitary
handling of product; (5) official controls
over condemned materials; (6) a HACCP
system; and (7) any other requirements
found in the FMIA and its
implementing regulations.
In addition to a foreign country’s legal
authority and regulatory requirements,
the inspection program must achieve a
level of public health protection
equivalent to that achieved by the U.S.
program. Specifically, the inspection
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) competent,
qualified inspectors; (4) enforcement
and certification; (5) administrative and
technical support; (6) inspection,
sanitation, quality, species verification,
and residue standards; and (7) any other
inspection requirements required by the
regulations in Subchapter F—
Mandatory Inspection of Fish of the
Order Siluriformes and Products of
Such Fish, which cross-references 9
CFR 327.2(a)(2)(i)).
The foreign country’s inspection
system must ensure that establishments
preparing Siluriformes fish for export to
the United States comply with
requirements equivalent to those of the
FMIA and the regulations promulgated
thereunder. The foreign country certifies
the establishments as having met the
required standards and notifies FSIS
about establishments that are certified
or removed from certification.
As discussed above, a foreign
country’s inspection system must be
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evaluated by FSIS to determine its
eligibility to export Siluriformes fish to
the United States. 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 affect
its inspection program. FSIS requests
that countries provide information
about their inspection systems through
the SRT. The SRT can be found on the
FSIS website at 2016 Siluriformes SRT.
The SRT is a standardized questionnaire
that FSIS provides to foreign
governments to gather information that
characterizes foreign inspection
systems. Through the SRT, FSIS collects
information on practices and procedures
in six areas, known as equivalence
components: (1) Government Oversight
(e.g., Organization and Administration),
(2) Government Statutory Authority and
Food Safety and Other Consumer
Protection Regulations (e.g., Inspection
System Operation, Product Standards
and Labeling), (3) Government
Sanitation, (4) Government HACCP
Systems, (5) Government Chemical
Residue Testing Programs, and (6)
Government 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
website at https://www.fsis.usda.gov/
wps/portal/fsis/topics/internationalaffairs/importing-products/equivalence/
equivalence-process-overview.
Under the regulations, foreign
countries must be listed in the CFR as
eligible to export Siluriformes fish to the
United States. FSIS engages in
rulemaking to list a country as eligible
to export Siluriformes fish to the United
States in the regulations at 9 CFR
557.26(b)(1). Once listed, the eligible
country is required to certify that
establishments meet the requirements to
export Siluriformes fish 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
conducts 100 percent re-inspection of
those products at points-of-entry before
they enter the U.S. commerce.
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19:00 Sep 18, 2018
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Evaluation of Vietnam’s Siluriformes
Fish Inspection System
In August 2017, Vietnam requested
that FSIS conduct a review of its
Siluriformes fish inspection system and
submitted the documentation to
formally establish its eligibility to
export Siluriformes fish to the United
States. FSIS conducted a document
review of Vietnam’s Siluriformes fish
inspection system to determine whether
that system was equivalent to that of the
United States. FSIS concluded, based
review of the submitted documentation,
that Vietnam’s laws, regulations, control
programs, and procedures were
equivalent to those of the United States.
Accordingly, in May 2018, FSIS
proceeded with an on-site audit of
Vietnam’s Siluriformes fish inspection
system. FSIS audited eight of the 13
establishments currently exporting
Siluriformes fish to the U.S. The on-site
audit also included visits to two farms
where fish were raised and pre-harvest
operations were conducted. The
purpose of the on-site audit was to
verify whether NAFIQAD effectively
implemented a Siluriformes fish
inspection system equivalent to that of
the United States. Vietnam currently
exports only raw Siluriformes fish to the
United States.
The audit of Vietnam’s Siluriformes
fish inspection system did not identify
any deficiencies that represented an
immediate threat to public health. The
audit did find that NAFIQAD inspectors
were not identifying the establishment’s
failures to adequately document results
of operational sanitation monitoring in
all of the establishments FSIS visited.
Specifically, at each establishment
audited, the FSIS auditors found that
the establishments were documenting
operational sanitation monitoring;
however, it was not at the frequency
prescribed in the establishment’s
sanitation procedures. The audit also
found that, in one establishment, the
hazard analysis identified the shipping
step in its process, but did not identify
all potential hazards associated with
that step.
On June 29, 2018, FSIS sent
NAFIQAD the draft final audit report,
and requested a written response
regarding any corrective actions
undertaken and changes made to
Vietnam’s Siluriformes fish inspection
system. On August 10, 2018, NAFIQAD
responded with written comments and
corrective actions.
In response to the finding that
NAFIQAD inspectors did not identify
establishment’s failure to adequately
document results of operational
sanitation monitoring, NAFIQAD
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provided examples of monitoring forms
and procedures, and stated that these
documents showed that operational
sanitation monitoring in establishments
was performed and documented in
accordance with the establishment’s
Sanitation Standard Operating
Procedures once every one or two hours
depending on production stage and
establishments sanitation procedure.
FSIS agrees that this frequency of
monitoring is sufficient. The frequency
and documentation of the monitoring of
the sanitation operations must replicate
the frequency and monitoring in the
written sanitation procedures.
In response to the finding that one
establishment’s hazard analysis
identified the shipping step, but not all
potential hazards associated with that
step, NAFIQAD explained that the
establishment did not identify the
hazards because the product had been
frozen and transported outside of the
factory and that the establishment is
revising its HACCP plan to include the
hazard of pathogen growth.
In addition to the corrective actions
discussed above, FSIS reviewed
Vietnam’s corrective action plan for all
of the audit findings and concluded that
all have been satisfactorily addressed.
In summary, FSIS has completed the
document review, on-site audit, and
verification of corrective actions as part
of the equivalence process, and all
outstanding issues have been resolved.
FSIS has concluded that, as
implemented, Vietnam’s inspection
system for Siluriformes fish is
equivalent to that of the United States.
The full report on Vietnam’s
Siluriformes fish inspection system can
be found on the FSIS website at https://
www.fsis.usda.gov/wps/portal/fsis/
topics/international-affairs/importingproducts/eligible-countries-productsforeign-establishments/foreign-auditreports/foreign-audit-reports.
At this time, Vietnam intends to
certify thirteen establishments as
eligible to export Siluriformes fish to the
United States. Vietnam’s eligibility
applies to the export of raw Siluriformes
fish only. Should this rule become final,
the government of Vietnam must certify
to FSIS those establishments that wish
to export Siluriformes fish to the United
States and that operate in accordance
with requirements equivalent to that of
the United States (9 CFR 557.2(a)). FSIS
will verify that the establishments
certified by Vietnam’s government are
meeting the United States requirements
through verification audits of Vietnam’s
Siluriformes fish inspection system.
Although a foreign country may be
listed in FSIS regulations as eligible to
export Siluriformes fish to the United
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States, the exporting country’s products
must be found to comply with all other
applicable requirements of the United
States. Accordingly, Siluriformes fish
exported from Vietnam will continue to
be subject to re-inspection at U.S.
points-of-entry for, but not limited to,
transportation damage, product and
container defects, labeling, proper
certification, general condition, and
accurate count. In addition, FSIS is, and
will continue, to 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 for a subset of
Vietnam’s Siluriformes fish imported
into the United States. Products that
pass re-inspection 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
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 website at https://
www.fsis.usda.gov/wps/portal/fsis/
topics/international-affairs/importingproducts/phis-import-component/phisimplementation-letter-to-importers/ct_
index.
Executive Orders 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 (E.O.) 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 as a
47531
‘‘non-significant’’ regulatory action
under section 3(f) of E.O. 12866.
Accordingly, the rule has not been
reviewed by the Office of Management
and Budget under E.O. 12866.
Expected Costs of the Proposed Rule
If this rule is finalized, establishments
in Vietnam would be listed as eligible
to export raw Siluriformes fish to the
United States. Adoption of this rule is
not expected to have quantified costs
because the proposed rule maintains the
existing trade in Siluriformes fish
between the United States and Vietnam.
The United States has historically
imported Siluriformes fish from
Vietnam. Therefore, market conditions,
including prices and supplies, are not
expected to be impacted by this rule.
From 2013 to 2017, 90.5 percent of total
Siluriformes fish imports to the United
States were from Vietnam, Table 1.
Vietnamese Siluriformes fish accounted
for 45.7 percent of U.S. consumption,
Table 1.
TABLE 1—SUMMARY OF SILURIFORMES FISH SALES
2013
2014
2015
2016
2017
5 Year
average
Millions of dollars
Imports 1
Total U.S.
..........................................................
Total U.S. Domestic Production 2 ....................................
Total U.S. Exports 1 .........................................................
Total U.S. Consumption 3 ................................................
Total U.S. Imports from 1 Vietnam ...................................
Vietnam as % of U.S. Imports .........................................
Vietnam as % of U.S. Domestic Production ....................
Vietnam as % of U.S. Consumption ................................
$363.42
356.73
4.69
715.46
335.03
92.2%
93.9%
46.8%
$346.66
351.94
3.99
694.60
309.53
89.3%
87.9%
44.6%
$351.13
363.61
4.95
709.79
318.40
90.7%
87.6%
44.9%
$405.61
385.99
4.80
786.80
367.65
90.6%
95.3%
46.7%
$381.89
379.71
6.18
755.43
342.96
89.8%
90.3%
45.4%
$369.74
367.60
4.92
732.41
334.71
90.5%
91.1%
45.7%
Data Source: U.S. Census Bureau Trade Data.
1 Import and Export Data Accessed from USDA Foreign Agricultural Service: Global Agricultural Trade System: https://apps.fas.usda.gov/gats/
default.aspx.
2 U.S. Production Data Accessed from USDA National Agricultural Statistics Service: Quick Stats: https://quickstats.nass.usda.gov/.
3 U.S. Consumption data is assumed to equal Imports + Domestic Production ¥ Exports.
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Expected Benefits of the Proposed Rule
The proposed rule may qualitatively
benefit industry by maintaining market
stability and continued opportunity for
trade between the United States and
Vietnam. Consumers in the United
States would continue to have access to
more choices when purchasing
Siluriformes fish, specifically of the
family Pangasius, which are native to
Vietnam, The People’s Republic of
China, and other neighboring Asian
nations. Pangasius have a different
flavor, color and texture than other
Siluriformes fish found in the United
States. The Siluriformes fish trade
between the United States and Vietnam
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would maintain choices for consumers
in the United States.1
Regulatory Flexibility Act Assessment
The FSIS Administrator has made a
preliminary determination that this
proposed rule would 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 rule
would maintain existing trade.
Executive Order 13771
Consistent with E.O. 13771 (82 FR
9339, February 3, 2017), this proposed
1 Sea Grant Delaware Seafood Health Facts:
Making Smart Choices accessed on 7/27/2018
https://www.seafoodhealthfacts.org/descriptiontop-commercial-seafood-items/pangasius.
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rule facilitates regulatory cooperation
with foreign governments. Therefore, if
finalized as proposed, this rule is
expected to be an E.O. 13771
deregulatory action.
Paperwork Reduction Act
No new paperwork requirements are
associated with this proposed rule.
Foreign countries wanting to export
Siluriformes fish 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 Vietnam with a questionnaire,
referred to as the SRT, asking for
detailed information about the country’s
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inspection practices and procedures to
assist the 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
increased opportunities for citizen
access to Government information and
services, and for other purposes.
amozie on DSK3GDR082PROD with PROPOSALS3
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:
https://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.
Constituent Updates are 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 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
VerDate Sep<11>2014
19:00 Sep 18, 2018
Jkt 244001
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 557
Imported products.
For the reasons set out in the
preamble, FSIS is proposing to further
amend 9 CFR part 557, as proposed to
be amended elsewhere in this issue of
the Federal Register, as follows:
PART 557—IMPORTATION
1. The authority citation for part 557
continues to read as follows:
■
Authority: 21 U.S.C. 601–602, 606–622,
624–695; 7 CFR 2.7, 2.18, 2.53.
§ 557.2
[Amended]
2. Section 557.2 is amended by adding
‘‘Socialist Republic of Vietnam’’ in
alphabetical order to the list of countries
in paragraph (b)(1).
■
Paul Kiecker,
Acting Administrator.
[FR Doc. 2018–20376 Filed 9–14–18; 4:15 pm]
BILLING CODE 3410–DM–P
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 557
[Docket No. FSIS–2018–0031]
RIN [0583–AD75]
Eligibility of Thailand To Export
Siluriformes Fish and Fish Products to
the United States
Food Safety and Inspection
Service, USDA.
ACTION: Proposed rule.
AGENCY:
PO 00000
Frm 00010
Fmt 4701
Sfmt 4702
The Food Safety and
Inspection Service (FSIS) is proposing
to amend the Siluriformes fish
inspection regulations to list Thailand
as a country eligible to export
Siluriformes fish and fish products to
the United States. FSIS is proposing this
action because the Agency has reviewed
Thailand’s laws, regulations, and
inspection system as implemented and
has determined that Thailand’s
Siluriformes fish inspection system is
equivalent to the system that the United
States has established under the Federal
Meat Inspection Act (FMIA) and its
implementing regulations.
Under this proposal, only raw
Siluriformes fish and fish products
produced in certified Thailand
establishments would be eligible for
export to the United States. All such
products would continue to be subject
to re-inspection at U.S. points-of-entry
by FSIS inspectors.
DATES: Submit comments on or before
October 19, 2018.
ADDRESSES: FSIS invites interested
persons to submit comments on the
proposed rule. Comments may be
submitted by one of the following
methods:
• Federal eRulemaking Portal: This
website provides the ability to type
short comments directly into the
comment field on this web page or to
attach a file for lengthier comments. Go
to https://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, 1400 Independence
Avenue SW, Mailstop 3758, Room 6065,
Washington, DC 20250–3700.
• Hand- or courier-delivered
submittals: Deliver to 1400
Independence Avenue SW, Room 6065,
Washington, DC 20250–3700.
Instructions: All items submitted by
mail or electronic mail must include the
Agency name and docket number FSIS–
2018–0031. Comments received in
response to this docket will be made
available for public inspection and
posted without change, including any
personal information, to https://
www.regulations.gov.
Docket: For access to background
documents or comments received, call
(202) 720–5627 to schedule a time to
visit the FSIS Docket Room at 1400
Independence Avenue SW, Room 6065,
Washington, DC 20250–3700.
FOR FURTHER INFORMATION CONTACT:
Roberta Wagner, Assistant
Administrator, Office of Policy and
SUMMARY:
E:\FR\FM\19SEP3.SGM
19SEP3
Agencies
[Federal Register Volume 83, Number 182 (Wednesday, September 19, 2018)]
[Proposed Rules]
[Pages 47528-47532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20376]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 557
[Docket No. FSIS-2018-0029]
RIN [0583-AD74]
Eligibility of the Socialist Republic of Vietnam To Export
Siluriformes Fish and Fish Products to the United States
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Food Safety and Inspection Service (FSIS) is proposing to
amend the Siluriformes fish inspection regulations to list the
Socialist Republic of Vietnam (Vietnam) as a country eligible to export
Siluriformes fish and fish products to the United States. FSIS is
proposing this action because the Agency has reviewed Vietnam's laws,
regulations, and inspection system as implemented and has determined
that Vietnam's Siluriformes fish inspection system is equivalent to the
system that the United States has established under the Federal Meat
Inspection Act (FMIA) and its implementing regulations.
Under this proposal, only raw Siluriformes fish and fish products
produced in certified Vietnamese establishments would be eligible for
export to the United States. All such products would continue to be
subject to re-inspection at U.S. points-of-entry by FSIS inspectors.
DATES: Submit comments on or before October 19, 2018.
ADDRESSES: FSIS invites interested persons to submit comments on the
proposed rule. Comments may be submitted by one of the following
methods:
Federal eRulemaking Portal: This website 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 https://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, 1400
Independence Avenue SW, Mailstop 3758, Room 6065, Washington, DC 20250-
3700.
Hand- or courier-delivered submittals: Deliver to 1400
Independence Avenue SW, Room 6065, Washington, DC 20250-3700.
Instructions: All items submitted by mail or electronic mail must
include the Agency name and docket number FSIS-2018-0029. Comments
received in response to this docket will be made available for public
inspection and posted without change, including any personal
information, to https://www.regulations.gov.
Docket: For access to background documents or comments received,
call (202)720-5627 to schedule a time to visit the FSIS Docket Room at
1400 Independence Avenue SW, Room 6065, Washington, DC 20250-3700.
FOR FURTHER INFORMATION CONTACT: Roberta Wagner, Assistant
Administrator, Office of Policy and Program Development; Telephone:
(202) 205-0495.
SUPPLEMENTARY INFORMATION:
Background
FSIS is proposing to amend its regulations at 9 CFR 557.2(b)(1) to
add Vietnam as a country eligible to export Siluriformes fish and fish
products to the United States (for convenience, in this proposed rule,
``Siluriformes fish and fish products'' will be shortened to
``Siluriformes fish''). Although Vietnam has been allowed to export
these products to the United States under the conditions described
below, Vietnam is not currently listed in the Code of
[[Page 47529]]
Federal Regulations (CFR) as eligible to export Siluriformes fish to
the United States.
Transitional Period
On December 2, 2015, FSIS published the final rule, ``Mandatory
Inspection of Fish of the Order Siluriformes and Products Derived from
Such Fish'' (80 FR 75590). The final rule established a mandatory FSIS
inspection system for fish of the order Siluriformes and products
derived from these fish. The final regulations implemented the
provisions of the 2008 and 2014 Farm Bills, which amended the FMIA,
mandating FSIS inspection of Siluriformes fish.
The final rule provided an 18-month period, from March 1, 2016, to
September 1, 2017, for both the U.S. domestic Siluriformes fish
industry and international trading partners to transition from the
regulatory requirements of the U.S. Food and Drug Administration (FDA),
the agency formerly responsible for regulatory oversight of
Siluriformes fish, to the regulatory requirements of FSIS. By March 1,
2016, FSIS required foreign countries to submit written documentation
identifying a list of establishments that had been exporting and would
continue exporting Siluriformes fish to the United States. In addition,
by March 1, 2016, FSIS required foreign countries to submit written
documentation to demonstrate that they had laws or other legal measures
in place that provide authority to regulate the growing and processing
of fish for human food, and to assure compliance with FDA's good
manufacturing practices, Hazard Analysis and Critical Control Point
(HACCP) requirements, sanitation control procedures, and other
regulatory requirements in 21 CFR part 123, Fish and Fishery Products.
FSIS recognized the foreign countries' initial documentation until
the end of the transitional period on September 1, 2017. Foreign
countries that wished to continue exporting after September 1, 2017,
were required to submit documentation substantiating the equivalence of
their Siluriformes fish inspection system to that of the United States.
Foreign countries that submitted complete equivalence documentation by
September 1, 2017, were permitted to continue exporting Siluriformes
fish until such time that FSIS determines if their Siluriformes fish
inspection systems are equivalent to the U.S. system.
Vietnam submitted its initial documentation in February 2016, which
allowed it to continue exporting Siluriformes fish during the
transitional period. In August 2017, Vietnam submitted a completed
Self-Reporting Tool (SRT), the questionnaire that FSIS uses to assess
the equivalence of a foreign country's food safety inspection system.
FSIS stated in the final rule that, during the transitional period,
it would reinspect imported Siluriformes fish and test for species
identification and residues at least on a quarterly basis for each
foreign establishment that exported Siluriformes fish to the U.S. (80
FR 75608). FSIS conducted random and targeted sampling and testing of
imported Siluriformes fish during the transitional period, and on
August 2, 2017, began reinspecting all shipments of Siluriformes fish,
with random sampling for species and residue testing. During the
testing, FSIS found residue violations in shipments of Siluriformes
fish exported from Vietnam. When imported product fails FSIS testing,
the product is refused entry and the designated competent authority of
the foreign government's inspection system is notified and further
shipments of product from the foreign establishment are placed under
either an increased or intensified level of sampling. FSIS notified
Vietnam's National Agro-Forestry-Fisheries Quality Assurance Department
(NAFIQAD), the central competent authority for food inspection, of the
residue violations, and in response, NAFIQAD investigated to determine
the cause of the violations and provided corrective actions.
Statutory and Regulatory Basis for Proposed Action
Siluriformes fish are an amenable species under the FMIA (21 U.S.C.
601(w)(2)). The FMIA prohibits importation into the United States of
adulterated or misbranded meat and meat food products (21 U.S.C. 620).
Under the FMIA and its implementing regulations, Siluriformes fish
imported into the United States must be from foreign countries that
maintain an inspection system that ensures compliance with requirements
equivalent to all the inspection, sanitary, quality, species
verification, and residue standards, and all other provisions of the
FMIA which are applied to official establishments in the United States.
The regulatory requirements for foreign countries to become eligible to
export Siluriformes fish to the United States are provided in 9 CFR
557.2, which cross-references 9 CFR 327.2, the regulations for the
import of other products also subject to the FMIA. As noted above, FSIS
has allowed Vietnam to continue shipping product while FSIS made the
determination concerning whether the country's inspection system is
equivalent to that of FSIS.
Section 557.2(a) (cross-referencing 9 CFR 327.2(a)(2)(i),
(a)(2)(i), (a)(2)(ii)(C)-(I), (a)(2)(iii)-(iv), and (a)(3)), requires a
foreign country's inspection system be authorized by legal authority
that imposes requirements equivalent to those of the United States,
specifically with respect to: (1) Official controls by the national
government over establishment construction, facilities, and equipment;
(2) direct official supervision of the preparation of product to assure
that product is not adulterated or misbranded; (3) separation of
establishments operations for product certified for export from product
that is not certified; (4) requirements for sanitation at certified
establishments and for sanitary handling of product; (5) official
controls over condemned materials; (6) a HACCP system; and (7) any
other requirements found in the FMIA and its implementing regulations.
In addition to a foreign country's legal authority and regulatory
requirements, the inspection program must achieve a level of public
health protection equivalent to that achieved by the U.S. program.
Specifically, the inspection 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) competent, qualified inspectors; (4)
enforcement and certification; (5) administrative and technical
support; (6) inspection, sanitation, quality, species verification, and
residue standards; and (7) any other inspection requirements required
by the regulations in Subchapter F--Mandatory Inspection of Fish of the
Order Siluriformes and Products of Such Fish, which cross-references 9
CFR 327.2(a)(2)(i)).
The foreign country's inspection system must ensure that
establishments preparing Siluriformes fish for export to the United
States comply with requirements equivalent to those of the FMIA and the
regulations promulgated thereunder. The foreign country certifies the
establishments as having met the required standards and notifies FSIS
about establishments that are certified or removed from certification.
As discussed above, a foreign country's inspection system must be
[[Page 47530]]
evaluated by FSIS to determine its eligibility to export Siluriformes
fish to the United States. 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 affect its inspection program. FSIS requests that
countries provide information about their inspection systems through
the SRT. The SRT can be found on the FSIS website at 2016 Siluriformes
SRT. The SRT is a standardized questionnaire that FSIS provides to
foreign governments to gather information that characterizes foreign
inspection systems. Through the SRT, FSIS collects information on
practices and procedures in six areas, known as equivalence components:
(1) Government Oversight (e.g., Organization and Administration), (2)
Government Statutory Authority and Food Safety and Other Consumer
Protection Regulations (e.g., Inspection System Operation, Product
Standards and Labeling), (3) Government Sanitation, (4) Government
HACCP Systems, (5) Government Chemical Residue Testing Programs, and
(6) Government 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
website at https://www.fsis.usda.gov/wps/portal/fsis/topics/international-affairs/importing-products/equivalence/equivalence-process-overview.
Under the regulations, foreign countries must be listed in the CFR
as eligible to export Siluriformes fish to the United States. FSIS
engages in rulemaking to list a country as eligible to export
Siluriformes fish to the United States in the regulations at 9 CFR
557.26(b)(1). Once listed, the eligible country is required to certify
that establishments meet the requirements to export Siluriformes fish
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 conducts 100 percent re-inspection
of those products at points-of-entry before they enter the U.S.
commerce.
Evaluation of Vietnam's Siluriformes Fish Inspection System
In August 2017, Vietnam requested that FSIS conduct a review of its
Siluriformes fish inspection system and submitted the documentation to
formally establish its eligibility to export Siluriformes fish to the
United States. FSIS conducted a document review of Vietnam's
Siluriformes fish inspection system to determine whether that system
was equivalent to that of the United States. FSIS concluded, based
review of the submitted documentation, that Vietnam's laws,
regulations, control programs, and procedures were equivalent to those
of the United States.
Accordingly, in May 2018, FSIS proceeded with an on-site audit of
Vietnam's Siluriformes fish inspection system. FSIS audited eight of
the 13 establishments currently exporting Siluriformes fish to the U.S.
The on-site audit also included visits to two farms where fish were
raised and pre-harvest operations were conducted. The purpose of the
on-site audit was to verify whether NAFIQAD effectively implemented a
Siluriformes fish inspection system equivalent to that of the United
States. Vietnam currently exports only raw Siluriformes fish to the
United States.
The audit of Vietnam's Siluriformes fish inspection system did not
identify any deficiencies that represented an immediate threat to
public health. The audit did find that NAFIQAD inspectors were not
identifying the establishment's failures to adequately document results
of operational sanitation monitoring in all of the establishments FSIS
visited. Specifically, at each establishment audited, the FSIS auditors
found that the establishments were documenting operational sanitation
monitoring; however, it was not at the frequency prescribed in the
establishment's sanitation procedures. The audit also found that, in
one establishment, the hazard analysis identified the shipping step in
its process, but did not identify all potential hazards associated with
that step.
On June 29, 2018, FSIS sent NAFIQAD the draft final audit report,
and requested a written response regarding any corrective actions
undertaken and changes made to Vietnam's Siluriformes fish inspection
system. On August 10, 2018, NAFIQAD responded with written comments and
corrective actions.
In response to the finding that NAFIQAD inspectors did not identify
establishment's failure to adequately document results of operational
sanitation monitoring, NAFIQAD provided examples of monitoring forms
and procedures, and stated that these documents showed that operational
sanitation monitoring in establishments was performed and documented in
accordance with the establishment's Sanitation Standard Operating
Procedures once every one or two hours depending on production stage
and establishments sanitation procedure. FSIS agrees that this
frequency of monitoring is sufficient. The frequency and documentation
of the monitoring of the sanitation operations must replicate the
frequency and monitoring in the written sanitation procedures.
In response to the finding that one establishment's hazard analysis
identified the shipping step, but not all potential hazards associated
with that step, NAFIQAD explained that the establishment did not
identify the hazards because the product had been frozen and
transported outside of the factory and that the establishment is
revising its HACCP plan to include the hazard of pathogen growth.
In addition to the corrective actions discussed above, FSIS
reviewed Vietnam's corrective action plan for all of the audit findings
and concluded that all have been satisfactorily addressed.
In summary, FSIS has completed the document review, on-site audit,
and verification of corrective actions as part of the equivalence
process, and all outstanding issues have been resolved. FSIS has
concluded that, as implemented, Vietnam's inspection system for
Siluriformes fish is equivalent to that of the United States. The full
report on Vietnam's Siluriformes fish inspection system can be found on
the FSIS website at https://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, Vietnam intends to certify thirteen establishments as
eligible to export Siluriformes fish to the United States. Vietnam's
eligibility applies to the export of raw Siluriformes fish only. Should
this rule become final, the government of Vietnam must certify to FSIS
those establishments that wish to export Siluriformes fish to the
United States and that operate in accordance with requirements
equivalent to that of the United States (9 CFR 557.2(a)). FSIS will
verify that the establishments certified by Vietnam's government are
meeting the United States requirements through verification audits of
Vietnam's Siluriformes fish inspection system.
Although a foreign country may be listed in FSIS regulations as
eligible to export Siluriformes fish to the United
[[Page 47531]]
States, the exporting country's products must be found to comply with
all other applicable requirements of the United States. Accordingly,
Siluriformes fish exported from Vietnam will continue to be subject to
re-inspection at U.S. points-of-entry for, but not limited to,
transportation damage, product and container defects, labeling, proper
certification, general condition, and accurate count. In addition, FSIS
is, and will continue, to 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 for a subset of Vietnam's Siluriformes fish
imported into the United States. Products that pass re-inspection 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 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 website at https://www.fsis.usda.gov/wps/portal/fsis/topics/international-affairs/importing-products/phis-import-component/phis-implementation-letter-to-importers/ct_index.
Executive Orders 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 (E.O.) 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 as a ``non-
significant'' regulatory action under section 3(f) of E.O. 12866.
Accordingly, the rule has not been reviewed by the Office of Management
and Budget under E.O. 12866.
Expected Costs of the Proposed Rule
If this rule is finalized, establishments in Vietnam would be
listed as eligible to export raw Siluriformes fish to the United
States. Adoption of this rule is not expected to have quantified costs
because the proposed rule maintains the existing trade in Siluriformes
fish between the United States and Vietnam. The United States has
historically imported Siluriformes fish from Vietnam. Therefore, market
conditions, including prices and supplies, are not expected to be
impacted by this rule. From 2013 to 2017, 90.5 percent of total
Siluriformes fish imports to the United States were from Vietnam, Table
1. Vietnamese Siluriformes fish accounted for 45.7 percent of U.S.
consumption, Table 1.
Table 1--Summary of Siluriformes Fish Sales
----------------------------------------------------------------------------------------------------------------
5 Year
2013 2014 2015 2016 2017 average
----------------------------------------------------------------------------------------------------------------
Millions of dollars
----------------------------------------------------------------------------------------------------------------
Total U.S. Imports \1\............ $363.42 $346.66 $351.13 $405.61 $381.89 $369.74
Total U.S. Domestic Production \2\ 356.73 351.94 363.61 385.99 379.71 367.60
Total U.S. Exports \1\............ 4.69 3.99 4.95 4.80 6.18 4.92
Total U.S. Consumption \3\........ 715.46 694.60 709.79 786.80 755.43 732.41
Total U.S. Imports from \1\ 335.03 309.53 318.40 367.65 342.96 334.71
Vietnam..........................
Vietnam as % of U.S. Imports...... 92.2% 89.3% 90.7% 90.6% 89.8% 90.5%
Vietnam as % of U.S. Domestic 93.9% 87.9% 87.6% 95.3% 90.3% 91.1%
Production.......................
Vietnam as % of U.S. Consumption.. 46.8% 44.6% 44.9% 46.7% 45.4% 45.7%
----------------------------------------------------------------------------------------------------------------
Data Source: U.S. Census Bureau Trade Data.
\1\ Import and Export Data Accessed from USDA Foreign Agricultural Service: Global Agricultural Trade System:
https://apps.fas.usda.gov/gats/default.aspx.
\2\ U.S. Production Data Accessed from USDA National Agricultural Statistics Service: Quick Stats: https://quickstats.nass.usda.gov/.
\3\ U.S. Consumption data is assumed to equal Imports + Domestic Production - Exports.
Expected Benefits of the Proposed Rule
The proposed rule may qualitatively benefit industry by maintaining
market stability and continued opportunity for trade between the United
States and Vietnam. Consumers in the United States would continue to
have access to more choices when purchasing Siluriformes fish,
specifically of the family Pangasius, which are native to Vietnam, The
People's Republic of China, and other neighboring Asian nations.
Pangasius have a different flavor, color and texture than other
Siluriformes fish found in the United States. The Siluriformes fish
trade between the United States and Vietnam would maintain choices for
consumers in the United States.\1\
---------------------------------------------------------------------------
\1\ Sea Grant Delaware Seafood Health Facts: Making Smart
Choices accessed on 7/27/2018 https://www.seafoodhealthfacts.org/description-top-commercial-seafood-items/pangasius.
---------------------------------------------------------------------------
Regulatory Flexibility Act Assessment
The FSIS Administrator has made a preliminary determination that
this proposed rule would 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 rule would maintain existing trade.
Executive Order 13771
Consistent with E.O. 13771 (82 FR 9339, February 3, 2017), this
proposed rule facilitates regulatory cooperation with foreign
governments. Therefore, if finalized as proposed, this rule is expected
to be an E.O. 13771 deregulatory action.
Paperwork Reduction Act
No new paperwork requirements are associated with this proposed
rule. Foreign countries wanting to export Siluriformes fish 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 Vietnam with a questionnaire, referred to as the
SRT, asking for detailed information about the country's
[[Page 47532]]
inspection practices and procedures to assist the 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: 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
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Through the web page, FSIS is able to provide information to a much
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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 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: [email protected].
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 557
Imported products.
For the reasons set out in the preamble, FSIS is proposing to
further amend 9 CFR part 557, as proposed to be amended elsewhere in
this issue of the Federal Register, as follows:
PART 557--IMPORTATION
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1. The authority citation for part 557 continues to read as follows:
Authority: 21 U.S.C. 601-602, 606-622, 624-695; 7 CFR 2.7, 2.18,
2.53.
Sec. 557.2 [Amended]
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2. Section 557.2 is amended by adding ``Socialist Republic of
Vietnam'' in alphabetical order to the list of countries in paragraph
(b)(1).
Paul Kiecker,
Acting Administrator.
[FR Doc. 2018-20376 Filed 9-14-18; 4:15 pm]
BILLING CODE 3410-DM-P