Publication Method for Lists of Foreign Countries Eligible To Export Meat, Poultry, or Egg Products to the United States, 14894-14898 [2019-06915]
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14894
§ 1222.40
Federal Register / Vol. 84, No. 71 / Friday, April 12, 2019 / Proposed Rules
Establishment and membership.
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(b) Composition of Board. The 2020
Board shall be composed of 10
members. The 2021 Board and each
subsequent Board shall be composed of
8 members. The Boards shall be
established as follows:
(1) Manufacturers. For the 2020
Board, 9 members shall be
manufacturers and for the 2021 Board
and each subsequent Board, 7 members
shall be manufacturers, from the
following two regions:
(i) Five members shall be from the
South for the 2020 Board and four
members shall be from the South for the
2021 Board and each subsequent Board.
The South shall consist of the states of
Alabama, Arkansas, Delaware, Florida,
Georgia, Kentucky, Louisiana,
Maryland, Mississippi, North Carolina,
Oklahoma, South Carolina, Tennessee,
Texas, Virginia, and West Virginia; and
(ii) Four members shall be from all
other parts of the United States for the
2020 Board and three members shall be
from all other parts of the United States
for the 2021 Board and each subsequent
Board. All other parts of the United
States consist of those states not listed
in paragraph (b)(1)(i) of this section.
(2) Importers. One member shall be an
importer.
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■ 3. Revise § 1222.41(c) to read as
follows:
§ 1222.41
Nominations and appointments.
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(c) Subsequent nominations shall be
conducted as follows:
(1) The Board shall conduct outreach
to all known manufacturers and
importers manufacturing or importing
100,000 short tons or more of paper and
paper-based packaging in a marketing
year. Manufacturers and importers may
submit nominations to the Board;
(2) Manufacturer and importer
nominees may provide the Board a short
background statement outlining their
qualifications to serve on the Board;
(3) Nominees may seek nomination to
the Board for all vacant seats for which
the nominees are qualified;
(4) For domestic seats allocated by
region, domestic manufacturers must
manufacture paper and paper-based
packaging in the region for which they
seek nomination. Nominees that
manufacture in both regions may seek
nomination in one region of their
choice. The Board will issue the call for
nominations to all known
manufacturers and recommend
nominees for each open seat and the
additional nominees to the Secretary;
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(5) Nominees that are both a
manufacturer and an importer may seek
nomination to the board as either a
manufacturer or importer so long as
they meet the qualifications. The Board
will issue the call for nominations to all
known importers and recommend
nominees for each open seat and the
additional nominees to the Secretary;
(6) The Board will evaluate all the
nominees and recommend at least two
names for each open seat. Other
qualified persons interested in serving
in the open seats, but not recommended
by the Board, will be designated by the
Board as additional nominees for
consideration by the Secretary;
(7) The Board must submit
nominations to the Secretary at least six
months before the new Board term
begins. From the nominations submitted
by the Board, the Secretary shall select
the members of the Board;
(8) Any manufacturer or importer
nominated to serve on the Board shall
file with the Secretary at the time of the
nomination a background questionnaire;
(9) From the nominations made
pursuant to this section, the Secretary
shall appoint members of the Board on
the basis of representation provided in
§ 1222.40(b);
(10) No two members shall be
employed by a single corporation,
company, partnership or any other legal
entity; and,
(11) The Board may recommend to the
Secretary modifications to its
nomination procedures as it deems
appropriate. Any such modification
shall be implemented through
rulemaking by the Secretary.
■ 4. Section 1222.88 is revised to read
as follows:
§ 1222.88
OMB control number.
The control numbers assigned to the
information collection requirements by
the Office of Management and Budget
pursuant to the Paperwork Reduction
Act of 1995, 44 U.S.C. Chapter 35, are
OMB control number 0505–0001 (Board
nominee background statement) and
OMB control number 0581–0093.
■ 5. Section 1222.108 is revised to read
as follows:
§ 1222.108
OMB control number.
The control number assigned to the
information collection requirement in
this subpart by the Office of
Management and Budget pursuant to the
Paperwork Reduction Act of 1995, 44
U.S.C. is OMB control number 0581–
0093.
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Dated: April 7, 2019.
Bruce Summers,
Administrator.
[FR Doc. 2019–07317 Filed 4–11–19; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Parts 310, 327, 381, 424, 557,
and 590
[Docket No. FSIS–2018–0027]
RIN 0583–AD72
Publication Method for Lists of Foreign
Countries Eligible To Export Meat,
Poultry, or Egg 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 remove lists of foreign countries
eligible to export meat, poultry, and egg
products to the United States from its
regulations and, instead, utilize lists
posted on FSIS’ website. A reference to
the web address would be included in
FSIS’ regulations. This change would
allow FSIS to more efficiently provide
the public with more accurate and upto-date information. The criteria FSIS
uses to evaluate whether a foreign
country is eligible to export meat,
poultry, or egg products would remain
in the regulations and would not
change. FSIS would continue to provide
an opportunity for public comment
when proposing to list new countries as
eligible to export these products to the
United States.
DATES: Submit comments on or before
June 11, 2019.
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
website provides commenters the ability
to type short comments directly into the
comment field on the 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
SUMMARY:
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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–
2018–0027. 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 by telephone at
(202) 205–0495.
SUPPLEMENTARY INFORMATION:
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Background
FSIS is the public health agency
responsible for ensuring that domestic
and imported meat, poultry, and egg
products are safe, wholesome, and
correctly labeled and packaged. FSIS
inspects imported meat, poultry, and
egg products under the authority of the
Federal Meat Inspection Act (FMIA) (21
U.S.C. 601 et seq.), the Poultry Products
Inspection Act (PPIA) (21 U.S.C. 451 et
seq.), and the Egg Products Inspection
Act (EPIA) (21 U.S.C. 1031 et seq.).
Imported meat, poultry, and egg
products must originate from eligible
countries and from establishments or
plants that are certified to export to the
United States (21 U.S.C. 620, 466, and
1046).
Any country can apply for eligibility
to export meat, poultry, or processed egg
products to the United States. FSIS first
reviews documentation that the country
submits to determine whether it shows
that the country’s food safety inspection
system provides an equivalent level of
protection for the products to be
exported to the United States. If the
documentation shows that the foreign
food safety system is equivalent, based
on FSIS review, FSIS conducts an onsite audit of the inspection system to
verify the system is operating consistent
with the documents reviewed.
Currently, when both the document
review and on-site audit find that the
food safety inspection system is
equivalent to the FSIS inspection
system, FSIS publishes a proposal in the
Federal Register to add the country to
the appropriate list of eligible exporting
countries in the regulations. After
analysis of public comments and based
on all available information, FSIS makes
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a final decision about whether the
country’s food safety inspection system
is equivalent and, if appropriate,
publishes a final rule in the Federal
Register listing the country as eligible to
export meat, poultry, or egg products to
the United States. The regulations list
the eligible countries in Title 9 of the
Code of Federal Regulations (CFR) at
327.2(b)–(c) for meat, 381.196(b) for
poultry, 557.2(b)(1) for fish of the order
Siluriformes,1 and 590.910(b) for egg
products. Notably, FSIS is not legally
required to publish the names of eligible
countries in the CFR but historically has
done so in order to make the
information publicly accessible in an
organized fashion.
FSIS is now proposing to change the
process described above by publishing
the lists of countries eligible to export
meat, poultry, or egg products to the
United States only on its website, rather
than in the regulations. FSIS already
maintains lists of eligibility by country
on its website at: https://
www.fsis.usda.gov/importlibrary.
Should this rule become final, FSIS
would continue to post the lists already
on its website and would no longer
include lists in the regulations. To add
a country to a list, FSIS would
announce the results of initial
equivalence determinations for meat,
poultry, or egg products through a
notice with a request for comments in
the Federal Register, rather than a
proposed rule. Following the close of
the comment period, FSIS would
publish another Federal Register notice
responding to comments and
announcing its final decision. If the
final decision is affirmative, FSIS would
then add the country to the appropriate
list on its website. Similarly, FSIS will
use this process when it is necessary to
terminate the eligibility of a foreign
country. Terminating the eligibility of a
1 On December 2, 2015, FSIS published the final
rule, ‘‘Mandatory Inspection of Fish of the Order
Siluriformes and Products Derived from Such
Fish,’’ establishing an inspection program for fish
of the order Siluriformes (80 FR 75590). On the
effective date of this final rule, March 1, 2016, FSIS
took jurisdiction over regulation and inspection of
this fish from the Food and Drug Administration
(FDA). Countries that wished to continue shipping
Siluriformes fish and fish products to the United
States were required to submit initial
documentation during the transitional period
provided for in the final rule (March 1, 2016, to
September 1, 2017). By the end of the transitional
period, these countries were required to apply for
equivalence under FSIS’ regulations. Although no
countries are currently listed in 9 CFR 557.2, three
countries, China, Thailand, and Vietnam, are
currently permitted to ship Siluriformes fish and
fish products while FSIS evaluates their food safety
inspection systems for these products. On
September 19, 2018, FSIS proposed to find these
countries’ inspection systems for Siluriformes fish
equivalent to the United States’ inspection system
(83 FR 47524; 83 FR 47528; and 83 FR 47532).
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foreign country will result in
permanently removing the country from
the list on the website. When a country
has not shipped product for an extended
period of time, the country will
continue to be listed as inactive on the
website, consistent with FSIS’ current
procedures. When a country has not
shipped for some time, wants to resume
shipping, and FSIS determines that it is
eligible to ship, FSIS will announce that
it is again eligible through the
Constituent Update.
Under this proposal, the substantive
criteria for determining equivalence, as
outlined in 9 CFR 327.2(a)(2),
381.196(a)(2), 557.2(a), and 590.910(a),
would not change.2 This proposed
action would allow FSIS to more
efficiently propose and finalize
equivalence determinations, as well as
to terminate the eligibility of foreign
countries that do not maintain
equivalent inspection systems.3 In
addition to removing the lists from
FSIS’ regulations, this proposed rule
would amend six parts of 9 CFR Chapter
III (310, 327, 381, 424, 557, 590) to
remove references to the lists.
In addition to more efficiently listing
countries eligible to export meat,
poultry, or egg products to the United
States, the proposal would expedite
corrections to the current lists, as FSIS
would not have to engage in rulemaking
related to geopolitical changes or
changes to the names of countries.
Executive Orders (E.O.s) 12866 and
13563 and the Regulatory Flexibility
Act
E.O. 12866 and 13563 direct agencies
to assess all costs and benefits of
available regulatory alternatives and, if
regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety effects, distributive impacts,
and equity). E.O. 13563 emphasizes the
2 In a separate rulemaking, FSIS has proposed to
amend 9 CFR 590.910, containing the process and
criteria that the Agency follows to evaluate the
inspection programs of foreign countries interested
in gaining eligibility to export egg products to the
United States (83 FR 6314, February 13, 2018). If
that proposed rule is finalized, FSIS intends to
amend the amended version of 9 CFR 590.910 to
give effect to the changes proposed in this
rulemaking.
3 The Animal and Plant Health Inspection Service
(APHIS) finalized a similar rule to remove lists of
regions classified as affected by certain animal
diseases and pests. See Lists of Regions Classified
With Respect to Certain Animal Diseases and States
Approved To Receive Certain Imported Horses (77
FR 1388, Jan. 10, 2012). APHIS cited advantages
analogous to those in this proposed rule, including
being able make more timely changes to the lists
while continuing to provide an opportunity for
public comment. The current regulations citing the
APHIS website are located in 9 CFR part 94.
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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
E.O. 12866. Accordingly, the rule has
not been reviewed by the Office of
Management and Budget (OMB) under
E.O. 12866.
bear additional costs, as market factors
remain unchanged.
Expected Cost of the Proposed Rule
Paperwork Reduction Act
FSIS has reviewed the paperwork and
recordkeeping requirements in this
proposed rule in accordance with the
Paperwork Reduction Act (44 U.S.C.
3501, et seq.). Foreign countries seeking
to export meat, poultry, or egg products
to the United States are required to
provide information to FSIS certifying
that their inspection systems provide
standards equivalent to those of the
United States, and that the legal
authority for the system and their
implementing regulations are equivalent
to those of the United States. FSIS
provides countries 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 control number 0583–0094.
This proposed rule only affects FSIS’
methods of proposing and finalizing
equivalence determination after the
agency has made a preliminary
determination. It contains no new or
expanded paperwork requirements.
Under the proposed rule, the
requirements for importing meat,
poultry, and egg products to the United
States would not change. FSIS would
continue to determine whether a foreign
country’s food safety inspection system
for meat, poultry, or egg products is
equivalent to FSIS’ inspection system.
FSIS would announce the results of
equivalence determinations through a
notice with a request for comments in
the Federal Register, rather than a
proposed rule. This change in procedure
would not alter U.S. production,
imports, or consumption; therefore,
FSIS does not expect a change in U.S.
consumer price due to this proposed
rule. The proposed change in procedure
is also not expected to add any
additional cost to the countries applying
for eligibility to import meat, poultry,
and egg products to the United States,
nor does it add costs to FSIS, or the U.S.
meat, poultry, or egg products
industries.
Expected Benefits of the Proposed Rule
While there is no additional cost
associated with this proposed rule, the
benefit from the proposed action is an
increase in the efficient use of FSIS
resources. FSIS would still use the
Federal Register to receive and respond
to public comments on equivalence
determinations, but the proposed notice
process would allow FSIS to more
efficiently propose and finalize
equivalence determinations. FSIS
expects that the proposed notice process
will take less time than the current
rulemaking process.
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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.). Under this proposed rule, the
requirements for importing meat,
poultry, and egg products to the United
States will not change. Thus, no market
effect is expected from this proposed
rule. Small entities, therefore, will not
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Executive Order 13771
Consistent with E.O. 13771 (82 FR
9339, February 3, 2017), FSIS estimates
that this proposed rule would yield cost
savings. Therefore, if finalized as
proposed, this rule is expected to be an
E.O. 13771 deregulatory action.
Executive Order 12988, Civil Justice
Reform
This proposed rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. Under this rule: (1) All
State and local laws and regulations that
are inconsistent with this rule will be
preempted; (2) no retroactive effect will
be given to this rule; and (3) no
administrative proceedings will be
required before parties may file suit in
court challenging this rule.
E-Government Act
FSIS and USDA are committed to
achieving the purposes of the EGovernment Act (44 U.S.C. 3601, et
seq.) by, among other things, promoting
the use of the internet and other
information technologies and providing
increased opportunities for citizen
access to Government information and
services, and for other purposes.
Executive Order 13175
This rule has been reviewed in
accordance with the requirements of
Executive Order 13175, ‘‘Consultation
and Coordination with Indian Tribal
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Governments.’’ E.O. 13175 requires
Federal agencies to consult and
coordinate with tribes on a governmentto-government basis on policies that
have tribal implications, including
regulations, legislative comments or
proposed legislation, and other policy
statements or actions that have
substantial direct effects on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
FSIS has assessed the impact of this
rule on Indian tribes and determined
that this rule does not, to our
knowledge, have tribal implications that
require tribal consultation under E.O.
13175. If a Tribe requests consultation,
the Food Safety and Inspection Service
will work with the Office of Tribal
Relations to ensure meaningful
consultation is provided where changes,
additions and modifications identified
herein are not expressly mandated by
Congress.
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: 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).
Additional Public Notification
Public awareness of all segments of
rulemaking and policy development is
important. Consequently, FSIS will
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announce this Federal Register
publication on-line through the FSIS
web page located at: https://
www.fsis.usda.gov/federal-register.
FSIS also will announce and provide
a link to it 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
Constituent Update is available on the
FSIS web page. Through the web page,
FSIS is able to provide information to a
much broader, more diverse audience.
In addition, FSIS offers an email
subscription service which provides
automatic and customized access to
selected food safety news and
information. This service is available at:
https://www.fsis.usda.gov/subscribe.
Options range from recalls to export
information, regulations, directives, and
notices. Customers can add or delete
subscriptions themselves, and have the
option to password protect their
accounts.
PART 310—POST–MORTEM
INSPECTION
1. The authority citation for part 310
continues read as follows:
■
Authority: 21 U.S.C. 601–695; 7 CFR 2.18,
2.53.
2. In § 310.22, revise paragraph
(d)(1)(i) to read as follows:
■
§ 310.22 Specified risk materials from
cattle and their handling and disposition.
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(d) * * *
(1) * * *
(i) It is derived from cattle that were
inspected and passed in an official
establishment in the United States or in
a certified foreign establishment in a
country eligible to export meat and meat
products to the United States under 9
CFR 327.2(b) and it is otherwise eligible
for importation under 9 CFR 327.1(b),
and
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List of Subjects
PART 327—IMPORTED PRODUCTS
9 CFR Part 310
■
3. The authority citation for part 327
continues to read as follows:
Animal diseases, Meat inspection.
9 CFR Part 327
Authority: 21 U.S.C. 601–695; 7 CFR 2.18,
2.53.
Food labeling, Food packaging,
Imports, Meat inspection.
§ 327.2
Administrative practice and
procedure, Animal diseases, Crime,
Exports, Food grades and standards,
Food labeling, Food packaging,
Government employees, Grant
programs-agriculture, Intergovernmental
relations, Laboratories, Meat inspection,
Nutrition, Polychlorinated biphenyls
(PCB’s), Poultry and poultry products,
Reporting and recordkeeping
requirements, Seizures and forfeitures,
Signs and symbols, Technical
assistance, Transportation.
9 CFR Part 424
Food additives, Food packaging, Meat
inspection, Poultry and poultry
products.
9 CFR Part 557
Fish, Food grades and standards,
Food labeling, Food packaging, Imports,
Seafood.
9 CFR Part 590
Eggs and egg products, Exports, Food
grades and standards, Food labeling,
Imports, Reporting and recordkeeping
requirements.
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[Amended]
4. In § 327.2:
a. Remove the phrase ‘‘by including
the name of such foreign country in’’
and add in its place ‘‘in accordance
with’’ in paragraph (a)(1);
■ b. Revise paragraphs (a)(4) and (b);
and
■ c. Remove paragraph (c).
The revisions read as follows:
■
■
9 CFR Part 381
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For the reasons set forth in the
preamble, FSIS is proposing to amend 9
CFR Chapter III as follows:
§ 327.2 Eligibility of foreign countries for
importation of products into the United
States.
(a) * * *
(4) Meat and meat food products from
foreign countries not deemed eligible in
accordance with paragraph (b) of this
section are not eligible for importation
into the United States, except as
provided by § 327.16 or § 327.17.
Eligibility of any foreign country under
this section may be withdrawn
whenever the Administrator determines
that the system of meat inspection
maintained by such foreign country
does not assure compliance with
requirements equivalent to all the
inspection, building construction
standards, and other requirements of the
Act and the regulations in this
subchapter as applied to official
establishments in the United States; or
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that reliance cannot be placed upon
certificates required under this part
from authorities of such foreign country;
or that, for lack of current information
concerning the system of meat
inspection being maintained by such
foreign country, such foreign country
should be required to reestablish its
eligibility.
(b) A list of countries eligible to
export specific process categories of
meat and meat food products is
maintained at https://www.fsis.usda.gov/
importlibrary. Such products from listed
countries must be accompanied by meat
inspection certificates of the country of
origin as required by § 327.4, except
fresh, chilled, or frozen or other product
ineligible for importation into the
United States from countries in which
the contagious and communicable
disease of rinderpest or of foot-andmouth disease or of African swine fever
exists as provided in part 94 of this title,
is 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.
PART 381—POULTRY PRODUCTS
INSPECTION REGULATIONS
5. 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.
§ 381.145
[Amended]
6. In § 381.145, amend paragraph (a)
by removing the phrase ‘‘listed in
§ 381.196(b),’’ and adding in its place
‘‘eligible to export such poultry and
poultry products to the United States
under § 381.196(b),’’.
■ 7. In § 381.195, revise paragraph (c) to
read as follows:
■
§ 381.195 Definitions; requirements for
importation into the United States.
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(c) Except as provided in § 381.207,
slaughtered poultry and other poultry
products may be imported only if they
were processed solely in countries
found eligible to export poultry
products to the United States under
§ 381.196(b). Slaughtered poultry may
be imported only if it qualifies as readyto-cook poultry.
§ 381.196
[Amended]
8. Amend § 381.196 as follows:
a. In paragraph(a)(1), remove the
phrase ‘‘by including the name of such
foreign country in’’ and add in its place
‘‘in accordance with’’; and
■ b. Revise paragraphs (a)(4) and (b).
The revisions read as follows:
■
■
E:\FR\FM\12APP1.SGM
12APP1
14898
Federal Register / Vol. 84, No. 71 / Friday, April 12, 2019 / Proposed Rules
§ 381.196 Eligibility of foreign countries
for importation of poultry products into the
United States.
■
(a) * * *
(4) Poultry products from foreign
countries not deemed eligible in
accordance with paragraph (b) of this
section may not be imported into the
United States, except as provided by
§§ 381.207 and 381.209. Eligibility of
any foreign country under this section
may be withdrawn whenever the
Administrator determines that the
system of poultry inspection maintained
by such foreign country does not assure
compliance with requirements
equivalent to all the requirements of the
Act and the regulations as applied to
official establishments in the United
States; or that reliance cannot be placed
upon certificates required under this
subpart from authorities of such foreign
country; or that, for lack of current
information concerning the system of
poultry inspection being maintained by
such foreign country, such foreign
country should be required to
reestablish its eligibility.
(b) A list of countries eligible to
export specific process categories of
poultry products to the United States is
maintained at https://www.fsis.usda.gov/
importlibrary. Such products from listed
countries must be accompanied by
inspection certificates of the country of
origin as required by § 381.197, and are
eligible under the regulations in this
subpart for entry into the United States,
after inspection and marking as required
by the applicable provisions of this
subpart.
§ 557.2 Eligibility of foreign countries for
importation of fish and fish products into
the United States.
PART 424—PREPARATION AND
PROCESSING OPERATIONS
9. The authority citation for part 424
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.
§ 424.21
[Amended]
10. Amend § 424.21 as follows:
a. In paragraph (a)(2)(i), remove the
phrase ‘‘listed in’’ and add in its place
‘‘determined to be eligible to export
such products to the United States
under’’; and
■ b. In paragraph (a)(3)(i), remove the
phrase ‘‘listed in’’ and add in its place
‘‘determined to be eligible to export
such products to the United States
under’’.
jbell on DSK30RV082PROD with PROPOSALS
■
■
PART 557—IMPORTATION
11. 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.
VerDate Sep<11>2014
18:01 Apr 11, 2019
Jkt 247001
12. In § 557.2, revise paragraph (b) to
read as follows:
*
*
*
*
*
(b) The countries eligible to export
specific process categories of fish and
fish products are listed at https://
www.fsis.usda.gov/importlibrary. Such
products must be covered by foreign
inspection certificates of the country of
origin as required by § 557.4. Products
from such countries 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.
PART 590—INSPECTION OF EGGS
AND EGG PRODUCTS (EGG
PRODUCTS INSPECTION ACT)
13. The authority citation for part 590
continues to read as follows:
■
Authority: 21 U.S.C. 1031–1056.
14. Revise § 590.910, to read as
follows:
country and make a survey to determine
the manner in which the inspection
system is administered within the
foreign country. The survey of the
foreign inspection system may be
expedited by payment by the interested
Government agency in the foreign
country of the travel expenses incurred
in making the survey. After approval of
the inspection system of a foreign
country, the Administrator may, as often
and to the extent deemed necessary,
authorize representatives of the
Department to review the system to
determine that it is maintained in such
a manner as to be the equivalent of the
system maintained by the United States.
(b) A list of countries eligible to
export egg products to the United States
is maintained at https://
www.fsis.usda.gov/importlibrary.
Done at Washington, DC.
Carmen M. Rottenberg,
Administrator.
[FR Doc. 2019–06915 Filed 4–11–19; 8:45 am]
BILLING CODE 3410–DM–P
■
§ 590.910 Eligibility of foreign countries
for importation of egg products into the
United States.
(a) Whenever it is determined by the
Administrator that the system of egg
products inspection maintained by any
foreign country is such that the egg
products produced in such country are
processed, labeled, and packaged in
accordance with, and otherwise comply
with, the standards of the Act and these
regulations including, but not limited to
the same sanitary, processing, facility
requirements, and continuous
Government inspection as required in
§§ 590.500 through 590.580 applicable
to inspected articles produced within
the United States, notice of that fact will
be given according to paragraph (b) of
this section. Thereafter, egg products
from such countries shall be eligible for
importation into the United States,
subject to the provisions of this part and
other applicable laws and regulations.
Such products must meet, to the extent
applicable, the same standards and
requirements that apply to comparable
domestic products as set forth in these
regulations. Egg products from foreign
countries not deemed eligible in
accordance with paragraph (b) of this
section are not eligible for importation
into the United States, except as
provided by § 590.960. In determining if
the inspection system of a foreign
country is the equivalent of the system
maintained by the United States, the
Administrator shall review the
inspection regulations of the foreign
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 71
[NRC–2016–0179]
RIN 3150–AJ85
Harmonization of Transportation
Safety Requirements With IAEA
Standards
Nuclear Regulatory
Commission.
ACTION: Draft regulatory basis; request
for comment.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is requesting
comments on a draft regulatory basis to
support a proposed rule that would
harmonize the NRC’s regulations with
the safety requirements of the
International Atomic Energy Agency
(IAEA) for the transport of radioactive
material and the regulations of the U.S.
Department of Transportation (DOT). In
addition, the proposed rule would make
administrative, editorial, or clarification
changes to the NRC’s regulations. The
NRC plans to hold a public meeting to
discuss the draft regulatory basis and
facilitate public participation.
DATES: Submit comments by May 28,
2019. Comments received after this date
will be considered if it is practical to do
so; however, the NRC is only able to
ensure consideration of comments
received on or before this date.
ADDRESSES: You may submit comments
by any of the following methods:
SUMMARY:
E:\FR\FM\12APP1.SGM
12APP1
Agencies
[Federal Register Volume 84, Number 71 (Friday, April 12, 2019)]
[Proposed Rules]
[Pages 14894-14898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06915]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Parts 310, 327, 381, 424, 557, and 590
[Docket No. FSIS-2018-0027]
RIN 0583-AD72
Publication Method for Lists of Foreign Countries Eligible To
Export Meat, Poultry, or Egg 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
remove lists of foreign countries eligible to export meat, poultry, and
egg products to the United States from its regulations and, instead,
utilize lists posted on FSIS' website. A reference to the web address
would be included in FSIS' regulations. This change would allow FSIS to
more efficiently provide the public with more accurate and up-to-date
information. The criteria FSIS uses to evaluate whether a foreign
country is eligible to export meat, poultry, or egg products would
remain in the regulations and would not change. FSIS would continue to
provide an opportunity for public comment when proposing to list new
countries as eligible to export these products to the United States.
DATES: Submit comments on or before June 11, 2019.
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 website provides
commenters the ability to type short comments directly into the comment
field on the 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
[[Page 14895]]
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-2018-0027. 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 by telephone at
(202) 205-0495.
SUPPLEMENTARY INFORMATION:
Background
FSIS is the public health agency responsible for ensuring that
domestic and imported meat, poultry, and egg products are safe,
wholesome, and correctly labeled and packaged. FSIS inspects imported
meat, poultry, and egg products under the authority of the Federal Meat
Inspection Act (FMIA) (21 U.S.C. 601 et seq.), the Poultry Products
Inspection Act (PPIA) (21 U.S.C. 451 et seq.), and the Egg Products
Inspection Act (EPIA) (21 U.S.C. 1031 et seq.). Imported meat, poultry,
and egg products must originate from eligible countries and from
establishments or plants that are certified to export to the United
States (21 U.S.C. 620, 466, and 1046).
Any country can apply for eligibility to export meat, poultry, or
processed egg products to the United States. FSIS first reviews
documentation that the country submits to determine whether it shows
that the country's food safety inspection system provides an equivalent
level of protection for the products to be exported to the United
States. If the documentation shows that the foreign food safety system
is equivalent, based on FSIS review, FSIS conducts an on-site audit of
the inspection system to verify the system is operating consistent with
the documents reviewed.
Currently, when both the document review and on-site audit find
that the food safety inspection system is equivalent to the FSIS
inspection system, FSIS publishes a proposal in the Federal Register to
add the country to the appropriate list of eligible exporting countries
in the regulations. After analysis of public comments and based on all
available information, FSIS makes a final decision about whether the
country's food safety inspection system is equivalent and, if
appropriate, publishes a final rule in the Federal Register listing the
country as eligible to export meat, poultry, or egg products to the
United States. The regulations list the eligible countries in Title 9
of the Code of Federal Regulations (CFR) at 327.2(b)-(c) for meat,
381.196(b) for poultry, 557.2(b)(1) for fish of the order
Siluriformes,\1\ and 590.910(b) for egg products. Notably, FSIS is not
legally required to publish the names of eligible countries in the CFR
but historically has done so in order to make the information publicly
accessible in an organized fashion.
---------------------------------------------------------------------------
\1\ On December 2, 2015, FSIS published the final rule,
``Mandatory Inspection of Fish of the Order Siluriformes and
Products Derived from Such Fish,'' establishing an inspection
program for fish of the order Siluriformes (80 FR 75590). On the
effective date of this final rule, March 1, 2016, FSIS took
jurisdiction over regulation and inspection of this fish from the
Food and Drug Administration (FDA). Countries that wished to
continue shipping Siluriformes fish and fish products to the United
States were required to submit initial documentation during the
transitional period provided for in the final rule (March 1, 2016,
to September 1, 2017). By the end of the transitional period, these
countries were required to apply for equivalence under FSIS'
regulations. Although no countries are currently listed in 9 CFR
557.2, three countries, China, Thailand, and Vietnam, are currently
permitted to ship Siluriformes fish and fish products while FSIS
evaluates their food safety inspection systems for these products.
On September 19, 2018, FSIS proposed to find these countries'
inspection systems for Siluriformes fish equivalent to the United
States' inspection system (83 FR 47524; 83 FR 47528; and 83 FR
47532).
---------------------------------------------------------------------------
FSIS is now proposing to change the process described above by
publishing the lists of countries eligible to export meat, poultry, or
egg products to the United States only on its website, rather than in
the regulations. FSIS already maintains lists of eligibility by country
on its website at: https://www.fsis.usda.gov/importlibrary. Should this
rule become final, FSIS would continue to post the lists already on its
website and would no longer include lists in the regulations. To add a
country to a list, FSIS would announce the results of initial
equivalence determinations for meat, poultry, or egg products through a
notice with a request for comments in the Federal Register, rather than
a proposed rule. Following the close of the comment period, FSIS would
publish another Federal Register notice responding to comments and
announcing its final decision. If the final decision is affirmative,
FSIS would then add the country to the appropriate list on its website.
Similarly, FSIS will use this process when it is necessary to terminate
the eligibility of a foreign country. Terminating the eligibility of a
foreign country will result in permanently removing the country from
the list on the website. When a country has not shipped product for an
extended period of time, the country will continue to be listed as
inactive on the website, consistent with FSIS' current procedures. When
a country has not shipped for some time, wants to resume shipping, and
FSIS determines that it is eligible to ship, FSIS will announce that it
is again eligible through the Constituent Update.
Under this proposal, the substantive criteria for determining
equivalence, as outlined in 9 CFR 327.2(a)(2), 381.196(a)(2), 557.2(a),
and 590.910(a), would not change.\2\ This proposed action would allow
FSIS to more efficiently propose and finalize equivalence
determinations, as well as to terminate the eligibility of foreign
countries that do not maintain equivalent inspection systems.\3\ In
addition to removing the lists from FSIS' regulations, this proposed
rule would amend six parts of 9 CFR Chapter III (310, 327, 381, 424,
557, 590) to remove references to the lists.
---------------------------------------------------------------------------
\2\ In a separate rulemaking, FSIS has proposed to amend 9 CFR
590.910, containing the process and criteria that the Agency follows
to evaluate the inspection programs of foreign countries interested
in gaining eligibility to export egg products to the United States
(83 FR 6314, February 13, 2018). If that proposed rule is finalized,
FSIS intends to amend the amended version of 9 CFR 590.910 to give
effect to the changes proposed in this rulemaking.
\3\ The Animal and Plant Health Inspection Service (APHIS)
finalized a similar rule to remove lists of regions classified as
affected by certain animal diseases and pests. See Lists of Regions
Classified With Respect to Certain Animal Diseases and States
Approved To Receive Certain Imported Horses (77 FR 1388, Jan. 10,
2012). APHIS cited advantages analogous to those in this proposed
rule, including being able make more timely changes to the lists
while continuing to provide an opportunity for public comment. The
current regulations citing the APHIS website are located in 9 CFR
part 94.
---------------------------------------------------------------------------
In addition to more efficiently listing countries eligible to
export meat, poultry, or egg products to the United States, the
proposal would expedite corrections to the current lists, as FSIS would
not have to engage in rulemaking related to geopolitical changes or
changes to the names of countries.
Executive Orders (E.O.s) 12866 and 13563 and the Regulatory Flexibility
Act
E.O. 12866 and 13563 direct agencies to assess all costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety
effects, distributive impacts, and equity). E.O. 13563 emphasizes the
[[Page 14896]]
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 E.O. 12866. Accordingly, the rule has not been reviewed
by the Office of Management and Budget (OMB) under E.O. 12866.
Expected Cost of the Proposed Rule
Under the proposed rule, the requirements for importing meat,
poultry, and egg products to the United States would not change. FSIS
would continue to determine whether a foreign country's food safety
inspection system for meat, poultry, or egg products is equivalent to
FSIS' inspection system. FSIS would announce the results of equivalence
determinations through a notice with a request for comments in the
Federal Register, rather than a proposed rule. This change in procedure
would not alter U.S. production, imports, or consumption; therefore,
FSIS does not expect a change in U.S. consumer price due to this
proposed rule. The proposed change in procedure is also not expected to
add any additional cost to the countries applying for eligibility to
import meat, poultry, and egg products to the United States, nor does
it add costs to FSIS, or the U.S. meat, poultry, or egg products
industries.
Expected Benefits of the Proposed Rule
While there is no additional cost associated with this proposed
rule, the benefit from the proposed action is an increase in the
efficient use of FSIS resources. FSIS would still use the Federal
Register to receive and respond to public comments on equivalence
determinations, but the proposed notice process would allow FSIS to
more efficiently propose and finalize equivalence determinations. FSIS
expects that the proposed notice process will take less time than the
current rulemaking process.
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.). Under this
proposed rule, the requirements for importing meat, poultry, and egg
products to the United States will not change. Thus, no market effect
is expected from this proposed rule. Small entities, therefore, will
not bear additional costs, as market factors remain unchanged.
Executive Order 13771
Consistent with E.O. 13771 (82 FR 9339, February 3, 2017), FSIS
estimates that this proposed rule would yield cost savings. Therefore,
if finalized as proposed, this rule is expected to be an E.O. 13771
deregulatory action.
Paperwork Reduction Act
FSIS has reviewed the paperwork and recordkeeping requirements in
this proposed rule in accordance with the Paperwork Reduction Act (44
U.S.C. 3501, et seq.). Foreign countries seeking to export meat,
poultry, or egg products to the United States are required to provide
information to FSIS certifying that their inspection systems provide
standards equivalent to those of the United States, and that the legal
authority for the system and their implementing regulations are
equivalent to those of the United States. FSIS provides countries 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 control number 0583-0094. This proposed rule only affects
FSIS' methods of proposing and finalizing equivalence determination
after the agency has made a preliminary determination. It contains no
new or expanded paperwork requirements.
Executive Order 12988, Civil Justice Reform
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. Under this rule: (1) All State and local laws and
regulations that are inconsistent with this rule will be preempted; (2)
no retroactive effect will be given to this rule; and (3) no
administrative proceedings will be required before parties may file
suit in court challenging this rule.
E-Government Act
FSIS and USDA are committed to achieving the purposes of the E-
Government Act (44 U.S.C. 3601, et seq.) by, among other things,
promoting the use of the internet and other information technologies
and providing increased opportunities for citizen access to Government
information and services, and for other purposes.
Executive Order 13175
This rule has been reviewed in accordance with the requirements of
Executive Order 13175, ``Consultation and Coordination with Indian
Tribal Governments.'' E.O. 13175 requires Federal agencies to consult
and coordinate with tribes on a government-to-government basis on
policies that have tribal implications, including regulations,
legislative comments or proposed legislation, and other policy
statements or actions that have substantial direct effects on one or
more Indian tribes, on the relationship between the Federal Government
and Indian tribes or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
FSIS has assessed the impact of this rule on Indian tribes and
determined that this rule does not, to our knowledge, have tribal
implications that require tribal consultation under E.O. 13175. If a
Tribe requests consultation, the Food Safety and Inspection Service
will work with the Office of Tribal Relations to ensure meaningful
consultation is provided where changes, additions and modifications
identified herein are not expressly mandated by Congress.
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).
Additional Public Notification
Public awareness of all segments of rulemaking and policy
development is important. Consequently, FSIS will
[[Page 14897]]
announce this Federal Register publication on-line through the FSIS web
page located at: https://www.fsis.usda.gov/federal-register.
FSIS also will announce and provide a link to it 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
Constituent Update is available on the FSIS web page. Through the web
page, FSIS is able to provide information to a much broader, more
diverse audience. In addition, FSIS offers an email subscription
service which provides automatic and customized access to selected food
safety news and information. This service is available at: https://www.fsis.usda.gov/subscribe. Options range from recalls to export
information, regulations, directives, and notices. Customers can add or
delete subscriptions themselves, and have the option to password
protect their accounts.
List of Subjects
9 CFR Part 310
Animal diseases, Meat inspection.
9 CFR Part 327
Food labeling, Food packaging, Imports, Meat inspection.
9 CFR Part 381
Administrative practice and procedure, Animal diseases, Crime,
Exports, Food grades and standards, Food labeling, Food packaging,
Government employees, Grant programs-agriculture, Intergovernmental
relations, Laboratories, Meat inspection, Nutrition, Polychlorinated
biphenyls (PCB's), Poultry and poultry products, Reporting and
recordkeeping requirements, Seizures and forfeitures, Signs and
symbols, Technical assistance, Transportation.
9 CFR Part 424
Food additives, Food packaging, Meat inspection, Poultry and
poultry products.
9 CFR Part 557
Fish, Food grades and standards, Food labeling, Food packaging,
Imports, Seafood.
9 CFR Part 590
Eggs and egg products, Exports, Food grades and standards, Food
labeling, Imports, Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, FSIS is proposing to
amend 9 CFR Chapter III as follows:
PART 310--POST-MORTEM INSPECTION
0
1. The authority citation for part 310 continues read as follows:
Authority: 21 U.S.C. 601-695; 7 CFR 2.18, 2.53.
0
2. In Sec. 310.22, revise paragraph (d)(1)(i) to read as follows:
Sec. 310.22 Specified risk materials from cattle and their handling
and disposition.
* * * * *
(d) * * *
(1) * * *
(i) It is derived from cattle that were inspected and passed in an
official establishment in the United States or in a certified foreign
establishment in a country eligible to export meat and meat products to
the United States under 9 CFR 327.2(b) and it is otherwise eligible for
importation under 9 CFR 327.1(b), and
* * * * *
PART 327--IMPORTED PRODUCTS
0
3. The authority citation for part 327 continues to read as follows:
Authority: 21 U.S.C. 601-695; 7 CFR 2.18, 2.53.
Sec. 327.2 [Amended]
0
4. In Sec. 327.2:
0
a. Remove the phrase ``by including the name of such foreign country
in'' and add in its place ``in accordance with'' in paragraph (a)(1);
0
b. Revise paragraphs (a)(4) and (b); and
0
c. Remove paragraph (c).
The revisions read as follows:
Sec. 327.2 Eligibility of foreign countries for importation of
products into the United States.
(a) * * *
(4) Meat and meat food products from foreign countries not deemed
eligible in accordance with paragraph (b) of this section are not
eligible for importation into the United States, except as provided by
Sec. 327.16 or Sec. 327.17. Eligibility of any foreign country under
this section may be withdrawn whenever the Administrator determines
that the system of meat inspection maintained by such foreign country
does not assure compliance with requirements equivalent to all the
inspection, building construction standards, and other requirements of
the Act and the regulations in this subchapter as applied to official
establishments in the United States; or that reliance cannot be placed
upon certificates required under this part from authorities of such
foreign country; or that, for lack of current information concerning
the system of meat inspection being maintained by such foreign country,
such foreign country should be required to reestablish its eligibility.
(b) A list of countries eligible to export specific process
categories of meat and meat food products is maintained at https://www.fsis.usda.gov/importlibrary. Such products from listed countries
must be accompanied by meat inspection certificates of the country of
origin as required by Sec. 327.4, except fresh, chilled, or frozen or
other product ineligible for importation into the United States from
countries in which the contagious and communicable disease of
rinderpest or of foot-and-mouth disease or of African swine fever
exists as provided in part 94 of this title, is 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.
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS
0
5. 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. 381.145 [Amended]
0
6. In Sec. 381.145, amend paragraph (a) by removing the phrase
``listed in Sec. 381.196(b),'' and adding in its place ``eligible to
export such poultry and poultry products to the United States under
Sec. 381.196(b),''.
0
7. In Sec. 381.195, revise paragraph (c) to read as follows:
Sec. 381.195 Definitions; requirements for importation into the
United States.
* * * * *
(c) Except as provided in Sec. 381.207, slaughtered poultry and
other poultry products may be imported only if they were processed
solely in countries found eligible to export poultry products to the
United States under Sec. 381.196(b). Slaughtered poultry may be
imported only if it qualifies as ready-to-cook poultry.
Sec. 381.196 [Amended]
0
8. Amend Sec. 381.196 as follows:
0
a. In paragraph(a)(1), remove the phrase ``by including the name of
such foreign country in'' and add in its place ``in accordance with'';
and
0
b. Revise paragraphs (a)(4) and (b).
The revisions read as follows:
[[Page 14898]]
Sec. 381.196 Eligibility of foreign countries for importation of
poultry products into the United States.
(a) * * *
(4) Poultry products from foreign countries not deemed eligible in
accordance with paragraph (b) of this section may not be imported into
the United States, except as provided by Sec. Sec. 381.207 and
381.209. Eligibility of any foreign country under this section may be
withdrawn whenever the Administrator determines that the system of
poultry inspection maintained by such foreign country does not assure
compliance with requirements equivalent to all the requirements of the
Act and the regulations as applied to official establishments in the
United States; or that reliance cannot be placed upon certificates
required under this subpart from authorities of such foreign country;
or that, for lack of current information concerning the system of
poultry inspection being maintained by such foreign country, such
foreign country should be required to reestablish its eligibility.
(b) A list of countries eligible to export specific process
categories of poultry products to the United States is maintained at
https://www.fsis.usda.gov/importlibrary. Such products from listed
countries must be accompanied by inspection certificates of the country
of origin as required by Sec. 381.197, and are eligible under the
regulations in this subpart for entry into the United States, after
inspection and marking as required by the applicable provisions of this
subpart.
PART 424--PREPARATION AND PROCESSING OPERATIONS
0
9. The authority citation for part 424 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. 424.21 [Amended]
0
10. Amend Sec. 424.21 as follows:
0
a. In paragraph (a)(2)(i), remove the phrase ``listed in'' and add in
its place ``determined to be eligible to export such products to the
United States under''; and
0
b. In paragraph (a)(3)(i), remove the phrase ``listed in'' and add in
its place ``determined to be eligible to export such products to the
United States under''.
PART 557--IMPORTATION
0
11. 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.
0
12. In Sec. 557.2, revise paragraph (b) to read as follows:
Sec. 557.2 Eligibility of foreign countries for importation of fish
and fish products into the United States.
* * * * *
(b) The countries eligible to export specific process categories of
fish and fish products are listed at https://www.fsis.usda.gov/importlibrary. Such products must be covered by foreign inspection
certificates of the country of origin as required by Sec. 557.4.
Products from such countries 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.
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS
INSPECTION ACT)
0
13. The authority citation for part 590 continues to read as follows:
Authority: 21 U.S.C. 1031-1056.
0
14. Revise Sec. 590.910, to read as follows:
Sec. 590.910 Eligibility of foreign countries for importation of egg
products into the United States.
(a) Whenever it is determined by the Administrator that the system
of egg products inspection maintained by any foreign country is such
that the egg products produced in such country are processed, labeled,
and packaged in accordance with, and otherwise comply with, the
standards of the Act and these regulations including, but not limited
to the same sanitary, processing, facility requirements, and continuous
Government inspection as required in Sec. Sec. 590.500 through 590.580
applicable to inspected articles produced within the United States,
notice of that fact will be given according to paragraph (b) of this
section. Thereafter, egg products from such countries shall be eligible
for importation into the United States, subject to the provisions of
this part and other applicable laws and regulations. Such products must
meet, to the extent applicable, the same standards and requirements
that apply to comparable domestic products as set forth in these
regulations. Egg products from foreign countries not deemed eligible in
accordance with paragraph (b) of this section are not eligible for
importation into the United States, except as provided by Sec.
590.960. In determining if the inspection system of a foreign country
is the equivalent of the system maintained by the United States, the
Administrator shall review the inspection regulations of the foreign
country and make a survey to determine the manner in which the
inspection system is administered within the foreign country. The
survey of the foreign inspection system may be expedited by payment by
the interested Government agency in the foreign country of the travel
expenses incurred in making the survey. After approval of the
inspection system of a foreign country, the Administrator may, as often
and to the extent deemed necessary, authorize representatives of the
Department to review the system to determine that it is maintained in
such a manner as to be the equivalent of the system maintained by the
United States.
(b) A list of countries eligible to export egg products to the
United States is maintained at https://www.fsis.usda.gov/importlibrary.
Done at Washington, DC.
Carmen M. Rottenberg,
Administrator.
[FR Doc. 2019-06915 Filed 4-11-19; 8:45 am]
BILLING CODE 3410-DM-P