Publication Method for Lists of Foreign Countries Eligible To Export Meat, Poultry, or Egg Products to the United States, 14894-14898 [2019-06915]

Download as PDF 14894 § 1222.40 Federal Register / Vol. 84, No. 71 / Friday, April 12, 2019 / Proposed Rules Establishment and membership. * * * * * (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. * * * * * ■ 3. Revise § 1222.41(c) to read as follows: § 1222.41 Nominations and appointments. jbell on DSK30RV082PROD with PROPOSALS * * * * * (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; VerDate Sep<11>2014 18:15 Apr 11, 2019 Jkt 247001 (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. PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 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: E:\FR\FM\12APP1.SGM 12APP1 Federal Register / Vol. 84, No. 71 / Friday, April 12, 2019 / Proposed Rules 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: jbell on DSK30RV082PROD with PROPOSALS 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 VerDate Sep<11>2014 18:01 Apr 11, 2019 Jkt 247001 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). PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 14895 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. E:\FR\FM\12APP1.SGM 12APP1 14896 Federal Register / Vol. 84, No. 71 / Friday, April 12, 2019 / Proposed Rules 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. jbell on DSK30RV082PROD with PROPOSALS 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 VerDate Sep<11>2014 18:01 Apr 11, 2019 Jkt 247001 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 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 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 E:\FR\FM\12APP1.SGM 12APP1 Federal Register / Vol. 84, No. 71 / Friday, April 12, 2019 / Proposed Rules 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. * * * * * (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 * * * * * 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. VerDate Sep<11>2014 18:01 Apr 11, 2019 Jkt 247001 [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 jbell on DSK30RV082PROD with PROPOSALS 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 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 14897 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. * * * * * (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]


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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.

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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


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