Publication Method for Lists of Foreign Countries Eligible To Export Meat, Poultry, or Egg Products to the United States, 65265-65269 [2019-25750]
Download as PDF
<![CDATA[
Federal Register / Vol. 84, No. 229 / Wednesday, November 27, 2019 / Rules and Regulations
For the reasons set forth in the
preamble, 7 CFR part 923 is amended as
follows:
Program Development; Telephone: (202)
720–0089.
SUPPLEMENTARY INFORMATION:
PART 923—MARKETING ORDER
REGULATING THE HANDLING OF
SWEET CHERRIES GROWN IN
DESIGNATED COUNTIES IN
WASHINGTON
Background
On April 12, 2019, FSIS proposed to
amend its regulations to remove lists of
foreign countries eligible to export meat,
poultry, or processed egg products to
the United States and, instead, maintain
such lists on its website (84 FR 14894).
The proposal noted that it did not
include any changes to the criteria FSIS
uses to evaluate whether a foreign
country is eligible. The proposal also
described how removing the lists from
the regulations would affect FSIS’s
process for implementing equivalence
determinations. Instead of publishing
proposed and final rules in the Federal
Register, FSIS will now implement
equivalence determinations through
Federal Register notices with requests
for public comment. FSIS will respond
to public comments in any Federal
Register notice that finalizes an
equivalence determination. FSIS will
also use this process when it is
necessary to terminate the eligibility of
a foreign country. This final rule will
allow FSIS to convey more clearly
information on countries’ equivalence
status. Once the rule is in place, the list
posted on the website will not conflict
with any outdated information in the
Federal Register. In addition to
removing the lists from the regulations,
the Agency proposed to amend six parts
of 9 CFR Chapter III (310, 327, 381, 424,
557, 590) to remove references to the
lists.
After reviewing comments on the
proposed rule, FSIS is finalizing it
without changes, except for nonsubstantive changes, for clarity, to the
regulatory language proposed for 9 CFR
327.2(b).
Authority: 7 U.S.C. 601–674.
■
2. Revise 923.236 to read as follows:
§ 923.263
Assessment rate.
On and after April 1, 2019, an
assessment rate of $0.20 per ton is
established for the Washington Cherry
Marketing Committee.
Dated: November 21, 2019.
Bruce Summers,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2019–25650 Filed 11–26–19; 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: Final rule.
AGENCY:
The Food Safety and
Inspection Service (FSIS) is amending
its regulations to remove lists of foreign
countries eligible to export meat,
poultry, and egg products to the United
States. FSIS will maintain a single list
of eligible foreign countries on its
website. The criteria FSIS uses to
evaluate whether a foreign country is
eligible to export meat, poultry, or egg
products has not changed. This rule will
allow FSIS to more efficiently and
clearly communicate equivalence
determinations by maintaining a single
list of exporting countries on its
website, rather than maintaining one list
on the website and outdated lists in the
codified regulations. In addition, the
Agency is amending it regulations to
remove references to the lists.
DATES: Effective December 27, 2019.
FOR FURTHER INFORMATION CONTACT:
Terri Nintemann, Assistant
Administrator, Office of Policy and
SUMMARY:
VerDate Sep<11>2014
18:36 Nov 26, 2019
Jkt 250001
Responses to Comments
FSIS received 15 comments, from 13
individuals, an industry association
representing egg processors, and a
consumer advocacy organization. The
issues raised in the comments and the
Agency responses are summarized
below.
Comments: FSIS received comments
relating to the use of online lists. One
individual questioned the use of online
lists as potentially confusing or difficult
to locate by stakeholders. Another
recommended that FSIS ensure that the
online lists are updated soon after
determinations are finalized. The
consumer advocacy organization
believed that keeping equivalence
determinations on FSIS’s website could
invite hacking or mistakes and
expressed concern that some
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
65265
individuals do not have access to the
internet.
Response: FSIS does not believe these
concerns warrant reconsideration of the
use of online lists. This rule’s
amendments to the Code of Federal
Regulations (CFR) direct readers to the
web address where FSIS maintains the
list, www.fsis.usda.gov/importlibrary.
FSIS will additionally publish notice of
equivalence determinations in the
Federal Register and include links to
these determinations in its Constituent
Update, which is posted weekly on
FSIS’s website. FSIS will ensure that its
web content managers update the online
lists shortly after any final
determination is published in the
Federal Register. FSIS’s website is
protected to ensure that only authorized
users may gain access or make changes.
The system keeps track of past versions,
which may be restored if needed.
Therefore, no hacking event could
permanently alter the entries on the
lists.
Comments: The industry group
supported the proposed rule, but urged
FSIS not to weaken its equivalence
standards, reduce opportunities for
public participation, or make any
currently public aspects of the
equivalence process non-public. It also
urged FSIS to be more transparent in its
investigations, audits, and
determinations and ensure that the
offices of the Under Secretary for Food
Safety and the Secretary of Agriculture
provide oversight for equivalence
determinations. The consumer advocacy
organization opposed the proposed rule
as undermining the importance of
equivalence determinations.
Response: Under this final rule, FSIS
is not changing its equivalence
standards or opportunities for public
comment. FSIS will continue to
maintain the same level of transparency
in these determinations by publishing
its on-site audit reports and allowing for
public comment on preliminary
equivalence determinations. The offices
of the Under Secretary for Food Safety
and the Secretary of Agriculture
currently review every preliminary and
final equivalence determination made
by FSIS and will continue to do so
under this final rule.
Comments: The industry group also
recommended that FSIS create specific
regulatory requirements establishing a
comment period for Federal Register
notices of equivalence determinations
and a provision mandating that the
Agency will respond to comments in the
Federal Register. The consumer
advocacy organization advocated for a
60-day comment period for all
E:\FR\FM\27NOR1.SGM
27NOR1
65266
Federal Register / Vol. 84, No. 229 / Wednesday, November 27, 2019 / Rules and Regulations
equivalence determinations, and a
minimum 30-day period for any
rulemaking that removes a country’s
equivalence.
Response: Consistent with other
Federal agencies, FSIS regulations do
not establish length of comment periods
for any proposal rules. The Agency will
retain flexibility to set and extend
comment periods as needed to
adequately receive and consider public
feedback. Also, consistent with other
Federal agencies, FSIS regulations do
not state that FSIS will respond to
public comments in a second Federal
Register notice. That being said, after a
preliminary equivalence determination,
FSIS will publish a Federal Register
notice, including the response to public
comments, to finalize (or decline to
finalize) any equivalence determination.
Comment: The industry group sought
clarification with regard to the FSIS’s
proposal to amend the current version
of the regulations at 9 CFR 590.910 to
remove the list of foreign countries
eligible to export processed egg
products to the United States and
instead refer to the list of countries
eligible to export on the FSIS website.
As FSIS explained in Footnote 2 of the
proposed rule, FSIS already had
proposed to revise § 590.910 of the
regulations in an earlier proposed rule
concerning egg products (83 FR 6314,
February 13, 2018), but only for more
consistency with the existing
regulations for meat and poultry.
Response: FSIS proposed to amend
the version of § 590.910 in effect at the
time. Because the February 2018
proposed rule regarding egg products
has not been made final, those
regulations are still in effect. FSIS is
thus amending those regulations, as
proposed. If the February 2018
rulemaking is made final, its version of
§ 590.910 will incorporate the changes
made by this final rule regarding the
listing of foreign countries with
equivalent egg products inspection
systems.
Comment: The consumer advocacy
organization sought clarification on the
time period before a country would be
listed as inactive on FSIS’s website.
Response: FSIS states on its website
and in instructions to Agency personnel
that, after three or more years without
shipping, a country will be considered
‘‘inactive’’ and must apply for a
reinstatement of equivalence. See FSIS
Directive 9770.1, Determining Initial
and Reinstating the Equivalence of
Foreign Food Safety Inspection Systems.
Therefore, consistent with current
practice, if a country does not ship for
three years, FSIS will move the country
VerDate Sep<11>2014
17:24 Nov 26, 2019
Jkt 250001
to the ‘‘inactive’’ chart on the FSIS
website.
Comment: An individual commenter
asked how the rule would promote
efficiency and if there were other costs
to FSIS.
Response: As FSIS explained in the
economic analysis, the change in
publication method will not create
additional costs to FSIS, which will
continue to implement equivalence
determinations through the Federal
Register. Similarly, there will not be
additional costs for industry or foreign
countries seeking to export to the
United States. This final rule will allow
FSIS to more efficiently propose and
finalize equivalence determinations
without changing the substantive
criteria or level of evaluation of foreign
food safety systems. This will save staff
time and allow FSIS’s list of exporting
countries to more quickly reflect
changes in foreign counties’ equivalence
status. FSIS will also gain efficiency by
maintaining a single list of exporting
countries on its website, rather than
maintaining one list on the website and
a separate list in the codified
regulations.
Comments: The industry group urged
FSIS to apply stricter scrutiny to foreign
food safety systems. It also expressed
concern about whether the processed
egg products system in the Netherlands
is genuinely equivalent to the U.S.
system. An individual commenter
suggested that imported meat and
poultry products be monitored and
tested for safety by the FDA.
Response: These comments are
outside the scope of this rulemaking,
which focuses solely on the publication
method of lists of foreign countries
eligible to export meat, poultry, and egg
products to the United States.
Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This final rule has been
designated as a ‘‘non-significant’’
regulatory action under section 3(f) of
E.O. 12866. Accordingly, the rule has
not been reviewed by the Office of
Management and Budget under E.O.
12866.
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
Expected Costs of the Final Rule
This final rule doesn’t change the
requirements for importing meat,
poultry, and egg products to the United
States. FSIS will continue to determine
whether a foreign country’s food safety
inspection system for meat, poultry, or
egg products is equivalent to FSIS’s
inspection system. FSIS will announce
the results of equivalence
determinations through a notice with a
request for comments in the Federal
Register, rather than a proposed rule. In
addition, FSIS will continue to assess
the costs and benefits of new countries
becoming eligible to ship product to the
United States. This change in procedure
will not alter U.S. production, imports,
or consumption; therefore, FSIS does
not expect a change in U.S. consumer
price due to this final rule. The 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 Cost Savings and Benefits of
the Final Rule
While there are no additional costs
associated with this final rule, the
benefit from the final rule is an increase
in the efficient use of FSIS resources.
FSIS will continue to use the Federal
Register to receive and respond to
public comments on equivalence
determinations, but the notice process
will allow FSIS to more efficiently
propose and finalize equivalence
determinations. FSIS expects that the
notice process will take less time than
the current rulemaking process. FSIS
will also gain efficiency by maintaining
a single list of exporting countries on its
website, rather than maintaining one list
on the website and separate lists in the
codified regulations.
Regulatory Flexibility Act Assessment
The FSIS Administrator certifies that,
for the purposes of the Regulatory
Flexibility Act (5 U.S.C. 601–602), this
final rule will not have a significant
economic impact on a substantial
number of small entities in the United
States. Under this final 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 final 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 has
E:\FR\FM\27NOR1.SGM
27NOR1
Federal Register / Vol. 84, No. 229 / Wednesday, November 27, 2019 / Rules and Regulations
estimated that this final rule will yield
cost savings. Therefore, this final rule is
an E.O. 13771 deregulatory action.
Paperwork Reduction Act
FSIS has reviewed the paperwork and
recordkeeping requirements in this final
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 final rule only
affects FSIS’s 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 final rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. Under this rule: (1) All
State and local laws and regulations that
are inconsistent with this rule will be
preempted; (2) no retroactive effect will
be given to this rule; and (3) no
administrative proceedings will be
required before parties may file suit in
court challenging this rule.
Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), the Office of
Information and Regulatory Affairs
designated this rule as not a ‘‘major
rule,’’ as defined by 5 U.S.C. 804(2).
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
Governments.’’ E.O. 13175 requires
VerDate Sep<11>2014
17:24 Nov 26, 2019
Jkt 250001
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
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
65267
announce this Federal Register
publication on-line through the FSIS
web page located at: https://
www.fsis.usda.gov/federal-register.
FSIS will also 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.
E:\FR\FM\27NOR1.SGM
27NOR1
65268
Federal Register / Vol. 84, No. 229 / Wednesday, November 27, 2019 / Rules and Regulations
For the reasons set forth in the
preamble, FSIS is amending 9 CFR
Chapter III as follows:
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
*
*
*
*
*
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. Meat and meat food
products from listed countries must be
accompanied by foreign inspection
certificates of the country of origin, as
required by § 327.4, and 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.
Fresh, chilled, or frozen or other
product from countries in which
rinderpest, foot-and-mouth disease or
African swine fever exist, as provided in
part 94 of this title, are ineligible for
importation into the United States.
PART 381—POULTRY PRODUCTS
INSPECTION REGULATIONS
PART 327—IMPORTED PRODUCTS
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.
§ 327.2
5. The authority citation for part 381
continues to read as follows:
■
[Amended]
Authority: 7 U.S.C. 138f, 450; 21 U.S.C.
451–470; 7 CFR 2.7, 2.18, 2.53.
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:
§ 381.145
§ 327.2 Eligibility of foreign countries for
importation of products into the United
States.
§ 381.195 Definitions; requirements for
importation into the United States.
■
■
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:
■
(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
VerDate Sep<11>2014
17:24 Nov 26, 2019
Jkt 250001
[Amended]
*
*
*
*
*
(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:
■
■
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
§ 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.
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), 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
11. The authority citation for part 557
continues to read as follows:
■
E:\FR\FM\27NOR1.SGM
27NOR1
Federal Register / Vol. 84, No. 229 / Wednesday, November 27, 2019 / Rules and Regulations
Authority: 21 U.S.C. 601–602, 606–622,
624–695; 7 CFR 2.7, 2.18, 2.53.
12. In § 557.2, revise paragraph (b) to
read as follows:
■
§ 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 § 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.
Administrator shall review the
*COM007*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. 2019–25750 Filed 11–26–19; 8:45 am]
BILLING CODE 3410–DM–P
14. Revise § 590.910 to read as
follows:
■
FEDERAL DEPOSIT INSURANCE
CORPORATION
§ 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
VerDate Sep<11>2014
17:24 Nov 26, 2019
Jkt 250001
12 CFR Part 327
RIN 3064–AF16
Assessments
Federal Deposit Insurance
Corporation (FDIC).
ACTION: Final rule.
AGENCY:
The Federal Deposit
Insurance Corporation (FDIC) is
amending the deposit insurance
assessment regulations that govern the
use of small bank assessment credits
(small bank credits) and one-time
assessment credits (OTACs) by certain
insured depository institutions (IDIs).
Under this final rule, now that the FDIC
is applying small bank credits to
quarterly deposit insurance
assessments, such credits will continue
to be applied as long as the Deposit
Insurance Fund (DIF) reserve ratio is at
least 1.35 percent (instead of, as
originally provided, 1.38 percent). In
addition, after small bank credits have
been applied for four quarterly
assessment periods, and as long as the
reserve ratio is at least 1.35 percent, the
FDIC will remit the full nominal value
of any remaining small bank credits in
lump-sum payments to each IDI holding
such credits in the next assessment
period in which the reserve ratio is at
least 1.35 percent, and will
SUMMARY:
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
65269
simultaneously remit the full nominal
value of any remaining OTACs in lumpsum payments to each IDI holding such
credits.
DATES: This final rule is effective
November 27, 2019, and is applicable
beginning July 1, 2019 (the third
quarterly assessment period of 2019).
FOR FURTHER INFORMATION CONTACT:
Ashley Mihalik, Chief, Banking and
Regulatory Policy Section, Division of
Insurance and Research, (202) 898–
3793, amihalik@FDIC.gov; Jithendar
Kamuni, Manager, Assessment
Operations Section, (703) 562–2568,
jikamuni@FDIC.gov; Samuel B. Lutz,
Counsel, Legal Division, (202) 898–
3773, salutz@FDIC.gov.
SUPPLEMENTARY INFORMATION:
I. Policy Objectives
The FDIC maintains and administers
the DIF in order to assure the agency’s
capacity to meet its obligations as the
insurer of deposits and receiver of failed
IDIs.1 The FDIC considers the adequacy
of the DIF in terms of the reserve ratio,
which is equal to the DIF balance
divided by estimated insured deposits.
A higher reserve ratio reduces the risk
that losses from IDI failures during an
economic downturn will exhaust the
DIF and also reduces the risk of large,
pro-cyclical increases in deposit
insurance assessments to maintain a
positive DIF balance during such a
downturn.
The FDIC is amending its regulations
governing the use of small bank credits
and OTACs.2 As originally adopted, the
regulations provided that after the
reserve ratio reached or exceeded 1.38
percent, and provided that it remained
at or above 1.38 percent,3 the FDIC
would automatically apply small bank
credits up to the full amount of the IDI’s
credits or quarterly assessment,
whichever is less.4 Under the final rule,
1 As used in this final rule, the term ‘‘insured
depository institution’’ has the same meaning as the
definition used in Section 3 of the Federal Deposit
Insurance Act (FDI Act), 12 U.S.C. 1813(c)(2).
2 See 12 CFR 327.11(c) (use of small bank credits)
and 12 CFR 327.35 (use of OTACs).
3 See 83 FR 14565 (April 5, 2018) (making
technical amendments to FDIC’s assessment
regulations, including an amendment clarifying that
small bank credits will be applied in assessment
periods in which the reserve ratio is at least 1.38
percent).
4 After the initial notice of an IDI’s assessment
credit balance, and the manner in which the credit
was calculated, periodic updated notices will be
provided to reflect adjustments that may be made
as the result of credit use, request for review of
credit amounts, any subsequent merger or
consolidation. Under the rule, such notices will
also reflect adjustments that may be made as a
result of an IDI’s amendment to its quarterly
Consolidated Reports of Condition and Income or
E:\FR\FM\27NOR1.SGM
Continued
27NOR1
]]>Agencies
[Federal Register Volume 84, Number 229 (Wednesday, November 27, 2019)]
[Rules and Regulations]
[Pages 65265-65269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25750]
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Food Safety and Inspection Service (FSIS) is amending its
regulations to remove lists of foreign countries eligible to export
meat, poultry, and egg products to the United States. FSIS will
maintain a single list of eligible foreign countries on its website.
The criteria FSIS uses to evaluate whether a foreign country is
eligible to export meat, poultry, or egg products has not changed. This
rule will allow FSIS to more efficiently and clearly communicate
equivalence determinations by maintaining a single list of exporting
countries on its website, rather than maintaining one list on the
website and outdated lists in the codified regulations. In addition,
the Agency is amending it regulations to remove references to the
lists.
DATES: Effective December 27, 2019.
FOR FURTHER INFORMATION CONTACT: Terri Nintemann, Assistant
Administrator, Office of Policy and Program Development; Telephone:
(202) 720-0089.
SUPPLEMENTARY INFORMATION:
Background
On April 12, 2019, FSIS proposed to amend its regulations to remove
lists of foreign countries eligible to export meat, poultry, or
processed egg products to the United States and, instead, maintain such
lists on its website (84 FR 14894). The proposal noted that it did not
include any changes to the criteria FSIS uses to evaluate whether a
foreign country is eligible. The proposal also described how removing
the lists from the regulations would affect FSIS's process for
implementing equivalence determinations. Instead of publishing proposed
and final rules in the Federal Register, FSIS will now implement
equivalence determinations through Federal Register notices with
requests for public comment. FSIS will respond to public comments in
any Federal Register notice that finalizes an equivalence
determination. FSIS will also use this process when it is necessary to
terminate the eligibility of a foreign country. This final rule will
allow FSIS to convey more clearly information on countries' equivalence
status. Once the rule is in place, the list posted on the website will
not conflict with any outdated information in the Federal Register. In
addition to removing the lists from the regulations, the Agency
proposed to amend six parts of 9 CFR Chapter III (310, 327, 381, 424,
557, 590) to remove references to the lists.
After reviewing comments on the proposed rule, FSIS is finalizing
it without changes, except for non-substantive changes, for clarity, to
the regulatory language proposed for 9 CFR 327.2(b).
Responses to Comments
FSIS received 15 comments, from 13 individuals, an industry
association representing egg processors, and a consumer advocacy
organization. The issues raised in the comments and the Agency
responses are summarized below.
Comments: FSIS received comments relating to the use of online
lists. One individual questioned the use of online lists as potentially
confusing or difficult to locate by stakeholders. Another recommended
that FSIS ensure that the online lists are updated soon after
determinations are finalized. The consumer advocacy organization
believed that keeping equivalence determinations on FSIS's website
could invite hacking or mistakes and expressed concern that some
individuals do not have access to the internet.
Response: FSIS does not believe these concerns warrant
reconsideration of the use of online lists. This rule's amendments to
the Code of Federal Regulations (CFR) direct readers to the web address
where FSIS maintains the list, www.fsis.usda.gov/importlibrary. FSIS
will additionally publish notice of equivalence determinations in the
Federal Register and include links to these determinations in its
Constituent Update, which is posted weekly on FSIS's website. FSIS will
ensure that its web content managers update the online lists shortly
after any final determination is published in the Federal Register.
FSIS's website is protected to ensure that only authorized users may
gain access or make changes. The system keeps track of past versions,
which may be restored if needed. Therefore, no hacking event could
permanently alter the entries on the lists.
Comments: The industry group supported the proposed rule, but urged
FSIS not to weaken its equivalence standards, reduce opportunities for
public participation, or make any currently public aspects of the
equivalence process non-public. It also urged FSIS to be more
transparent in its investigations, audits, and determinations and
ensure that the offices of the Under Secretary for Food Safety and the
Secretary of Agriculture provide oversight for equivalence
determinations. The consumer advocacy organization opposed the proposed
rule as undermining the importance of equivalence determinations.
Response: Under this final rule, FSIS is not changing its
equivalence standards or opportunities for public comment. FSIS will
continue to maintain the same level of transparency in these
determinations by publishing its on-site audit reports and allowing for
public comment on preliminary equivalence determinations. The offices
of the Under Secretary for Food Safety and the Secretary of Agriculture
currently review every preliminary and final equivalence determination
made by FSIS and will continue to do so under this final rule.
Comments: The industry group also recommended that FSIS create
specific regulatory requirements establishing a comment period for
Federal Register notices of equivalence determinations and a provision
mandating that the Agency will respond to comments in the Federal
Register. The consumer advocacy organization advocated for a 60-day
comment period for all
[[Page 65266]]
equivalence determinations, and a minimum 30-day period for any
rulemaking that removes a country's equivalence.
Response: Consistent with other Federal agencies, FSIS regulations
do not establish length of comment periods for any proposal rules. The
Agency will retain flexibility to set and extend comment periods as
needed to adequately receive and consider public feedback. Also,
consistent with other Federal agencies, FSIS regulations do not state
that FSIS will respond to public comments in a second Federal Register
notice. That being said, after a preliminary equivalence determination,
FSIS will publish a Federal Register notice, including the response to
public comments, to finalize (or decline to finalize) any equivalence
determination.
Comment: The industry group sought clarification with regard to the
FSIS's proposal to amend the current version of the regulations at 9
CFR 590.910 to remove the list of foreign countries eligible to export
processed egg products to the United States and instead refer to the
list of countries eligible to export on the FSIS website. As FSIS
explained in Footnote 2 of the proposed rule, FSIS already had proposed
to revise Sec. 590.910 of the regulations in an earlier proposed rule
concerning egg products (83 FR 6314, February 13, 2018), but only for
more consistency with the existing regulations for meat and poultry.
Response: FSIS proposed to amend the version of Sec. 590.910 in
effect at the time. Because the February 2018 proposed rule regarding
egg products has not been made final, those regulations are still in
effect. FSIS is thus amending those regulations, as proposed. If the
February 2018 rulemaking is made final, its version of Sec. 590.910
will incorporate the changes made by this final rule regarding the
listing of foreign countries with equivalent egg products inspection
systems.
Comment: The consumer advocacy organization sought clarification on
the time period before a country would be listed as inactive on FSIS's
website.
Response: FSIS states on its website and in instructions to Agency
personnel that, after three or more years without shipping, a country
will be considered ``inactive'' and must apply for a reinstatement of
equivalence. See FSIS Directive 9770.1, Determining Initial and
Reinstating the Equivalence of Foreign Food Safety Inspection Systems.
Therefore, consistent with current practice, if a country does not ship
for three years, FSIS will move the country to the ``inactive'' chart
on the FSIS website.
Comment: An individual commenter asked how the rule would promote
efficiency and if there were other costs to FSIS.
Response: As FSIS explained in the economic analysis, the change in
publication method will not create additional costs to FSIS, which will
continue to implement equivalence determinations through the Federal
Register. Similarly, there will not be additional costs for industry or
foreign countries seeking to export to the United States. This final
rule will allow FSIS to more efficiently propose and finalize
equivalence determinations without changing the substantive criteria or
level of evaluation of foreign food safety systems. This will save
staff time and allow FSIS's list of exporting countries to more quickly
reflect changes in foreign counties' equivalence status. FSIS will also
gain efficiency by maintaining a single list of exporting countries on
its website, rather than maintaining one list on the website and a
separate list in the codified regulations.
Comments: The industry group urged FSIS to apply stricter scrutiny
to foreign food safety systems. It also expressed concern about whether
the processed egg products system in the Netherlands is genuinely
equivalent to the U.S. system. An individual commenter suggested that
imported meat and poultry products be monitored and tested for safety
by the FDA.
Response: These comments are outside the scope of this rulemaking,
which focuses solely on the publication method of lists of foreign
countries eligible to export meat, poultry, and egg products to the
United States.
Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This final rule has been designated as a ``non-significant'' regulatory
action under section 3(f) of E.O. 12866. Accordingly, the rule has not
been reviewed by the Office of Management and Budget under E.O. 12866.
Expected Costs of the Final Rule
This final rule doesn't change the requirements for importing meat,
poultry, and egg products to the United States. FSIS will continue to
determine whether a foreign country's food safety inspection system for
meat, poultry, or egg products is equivalent to FSIS's inspection
system. FSIS will announce the results of equivalence determinations
through a notice with a request for comments in the Federal Register,
rather than a proposed rule. In addition, FSIS will continue to assess
the costs and benefits of new countries becoming eligible to ship
product to the United States. This change in procedure will not alter
U.S. production, imports, or consumption; therefore, FSIS does not
expect a change in U.S. consumer price due to this final rule. The
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 Cost Savings and Benefits of the Final Rule
While there are no additional costs associated with this final
rule, the benefit from the final rule is an increase in the efficient
use of FSIS resources. FSIS will continue to use the Federal Register
to receive and respond to public comments on equivalence
determinations, but the notice process will allow FSIS to more
efficiently propose and finalize equivalence determinations. FSIS
expects that the notice process will take less time than the current
rulemaking process. FSIS will also gain efficiency by maintaining a
single list of exporting countries on its website, rather than
maintaining one list on the website and separate lists in the codified
regulations.
Regulatory Flexibility Act Assessment
The FSIS Administrator certifies that, for the purposes of the
Regulatory Flexibility Act (5 U.S.C. 601-602), this final rule will not
have a significant economic impact on a substantial number of small
entities in the United States. Under this final 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 final 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 has
[[Page 65267]]
estimated that this final rule will yield cost savings. Therefore, this
final rule is an E.O. 13771 deregulatory action.
Paperwork Reduction Act
FSIS has reviewed the paperwork and recordkeeping requirements in
this final 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 final rule only affects FSIS's
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 final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. Under this rule: (1) All State and local laws and
regulations that are inconsistent with this rule will be preempted; (2)
no retroactive effect will be given to this rule; and (3) no
administrative proceedings will be required before parties may file
suit in court challenging this rule.
Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs designated this rule
as not a ``major rule,'' as defined by 5 U.S.C. 804(2).
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 announce this Federal
Register publication on-line through the FSIS web page located at:
https://www.fsis.usda.gov/federal-register.
FSIS will also 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.
[[Page 65268]]
For the reasons set forth in the preamble, FSIS is amending 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. Meat and meat food products from
listed countries must be accompanied by foreign inspection certificates
of the country of origin, as required by Sec. 327.4, and 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. Fresh, chilled, or frozen or other product
from countries in which rinderpest, foot-and-mouth disease or African
swine fever exist, as provided in part 94 of this title, are ineligible
for importation into the United States.
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:
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), 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:
[[Page 65269]]
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 *COM007*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. 2019-25750 Filed 11-26-19; 8:45 am]
BILLING CODE 3410-DM-P
