80_FR_56582 80 FR 56401 - Eligibility of Namibia To Export Meat Products to the United States

80 FR 56401 - Eligibility of Namibia To Export Meat Products to the United States

DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service

Federal Register Volume 80, Issue 181 (September 18, 2015)

Page Range56401-56405
FR Document2015-23455

The Food Safety and Inspection Service (FSIS) is proposing to add Namibia to the list of countries whose meat inspection system is equivalent to the system that the United States has established under the Federal Meat Inspect Act (FMIA) and its implementing regulations. FSIS's review of Namibia's laws, regulations, and inspection implementation show this to be the case. At this time, because Namibia advised FSIS that it intends to export only boneless (not ground) raw beef products, such as primal cuts, chuck, blade, and beef trimmings to the United States, FSIS has only assessed Namibia's inspection system with respect to beef. Thus, should this rule become final, Namibia would need to submit additional information for FSIS to review before FSIS would allow Namibia to export product from other types of livestock to the U.S. All products that Namibia exports to the U.S. will be subject to re-inspection at United States ports of entry by FSIS inspectors.

Federal Register, Volume 80 Issue 181 (Friday, September 18, 2015)
[Federal Register Volume 80, Number 181 (Friday, September 18, 2015)]
[Proposed Rules]
[Pages 56401-56405]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23455]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Part 327

[Docket No. FSIS-2012-0028]
RIN 0583-AD51


Eligibility of Namibia To Export Meat Products to the United 
States

AGENCY: Food Safety and Inspection Service, USDA.

ACTION:  Proposed rule.

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SUMMARY: The Food Safety and Inspection Service (FSIS) is proposing to 
add Namibia to the list of countries whose meat inspection system is 
equivalent to the system that the United States has established under 
the Federal Meat Inspect Act (FMIA) and its implementing regulations. 
FSIS's review of Namibia's laws, regulations, and inspection 
implementation show this to be the case.
    At this time, because Namibia advised FSIS that it intends to 
export only boneless (not ground) raw beef products, such as primal 
cuts, chuck, blade, and beef trimmings to the United States, FSIS has 
only assessed Namibia's inspection system with respect to beef. Thus, 
should this rule become final, Namibia would need to submit additional 
information for FSIS to review before FSIS would allow Namibia to 
export product from other types of livestock to the U.S. All products 
that Namibia exports to the U.S. will be subject to re-inspection at 
United States ports of entry by FSIS inspectors.

DATES: Comments must be received on or before November 17, 2015.

ADDRESSES: FSIS invites interested persons to submit comments on this 
notice. Comments may be submitted by one of the following methods:
     Federal eRulemaking Portal: This Web site provides the 
ability to type short comments directly into the comment field or 
attach a file for lengthier comments. Go to http://www.regulations.gov. 
Follow the on-line instructions at that site for submitting comments.
     Mail, including CD-ROMs, etc.: Send to Docket Clerk, U.S. 
Department of Agriculture, Food Safety and Inspection Service, Patriots 
Plaza 3, 1400 Independence Avenue SW., Mailstop 3782, Room 8-163A, 
Washington, DC 20250-3700.
     Hand- or courier-delivered submittals: Deliver to Patriots 
Plaza 3, 355 E Street SW., Room 8-163A, Washington, DC 20250-3700.
    Instructions: All items submitted by mail or electronic mail must 
include the Agency name and docket number FSIS-2012-0028. Comments 
received in response to this docket will be made available for public 
inspection and posted without change, including any personal 
information, to http://www.regulations.gov.
    Docket: For access to background documents or comments received, go 
to the FSIS Docket Room at Patriots Plaza 3, 355 E Street SW., Room 8-
164, Washington, DC 20250-3700 between 8:00 a.m. and 4:30 p.m., Monday 
through Friday.

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

SUPPLEMENTARY INFORMATION:

Background

    FSIS is proposing to amend its meat products inspection regulations 
to add Namibia to the list of countries eligible to export meat 
products to the United States (9 CFR 327.2(b)). Namibia is not 
currently listed as eligible to export such products to the United 
States.

Statutory Basis for Proposed Action

    Under the FMIA and the regulations that implement it, meat and meat 
products imported into the United States must be produced under 
standards for safety, wholesomeness, and labeling accuracy that are 
equivalent to those of the United States (21 U.S.C. 620). The FMIA also 
requires that the livestock from which such imports are produced be 
slaughtered and handled in connection with slaughter in a manner that 
is consistent

[[Page 56402]]

with the Humane Methods of Slaughter Act (7 U.S.C. 1901-1906). Section 
327.2 of Title 9 of the Code of Federal Regulations (CFR) sets out the 
procedures by which foreign countries may become eligible to export 
meat and meat products to the United States.
    Paragraph 327.2(a) of 9 CFR requires that a foreign country's meat 
inspection system provide standards equivalent to those of the United 
States and provide legal authority for the inspection system and its 
implementing regulations that is equivalent to that of the United 
States. Specifically, a country's legal authority and regulations must 
impose requirements equivalent to those of the United States with 
respect to: (1) Ante-mortem inspection, humane methods of slaughter and 
handling, and post-mortem inspection by, or under the direct 
supervision of, a veterinarian; (2) official controls by the national 
government over establishment construction, facilities, and equipment; 
(3) direct and continuous official supervision of slaughtering and 
preparation of product by inspectors to ensure that product is not 
adulterated or misbranded; (4) complete separation of establishments 
certified to export from those not certified; (5) maintenance of a 
single standard of inspection and sanitation throughout certified 
establishments; (6) requirements for sanitation and for sanitary 
handling of product at establishments certified to export; (7) official 
controls over condemned product; (8) a Hazard Analysis and Critical 
Control Point (HACCP) system; and (9) any other requirements found in 
the FMIA and its implementing regulations (9 CFR 327.2(a)(2)(ii)).
    The country's inspection system must also impose requirements 
equivalent to those of the United States with respect to: (1) 
Organizational structure and staffing to ensure uniform enforcement of 
the requisite laws and regulations in all certified establishments; (2) 
national government control and supervision over the official 
activities of employees or licensees; (3) qualified inspectors; (4) 
enforcement and certification authority; (5) administrative and 
technical support; (6) inspection, sanitation, quality, species 
verification, and residue standards; and (7) any other inspection 
requirements (9 CFR 327.2(a)(2)(i)).
    A foreign country's inspection system must be evaluated by FSIS 
before eligibility to export meat and meat products to the United 
States can be granted. This evaluation consists of two processes: A 
document review and an on-site review. The document review is an 
evaluation of the laws, regulations, and other written materials used 
by the country to effect its inspection program. FSIS requests that 
countries provide information about their inspection systems through 
its self-reporting tool (SRT). The SRT is a standardized questionnaire 
that FSIS provides to foreign governments to gather information that 
characterizes foreign inspection systems. Through the SRT, FSIS 
collects information on practices and procedures in six areas, known as 
equivalence components: (1) Government Oversight, (2) Statutory 
Authority and Food Safety Regulations, (3) Sanitation, (4) HACCP 
Systems, (5) Chemical Residue Testing Programs, and (6) Microbiological 
Testing Programs. FSIS evaluates the information submitted to verify 
that the critical points in the six equivalence components are 
addressed satisfactorily with respect to standards, activities, 
resources, and enforcement. If the document review is satisfactory, an 
onsite review is scheduled using a multidisciplinary team to evaluate 
all aspects of the country's inspection program. This comprehensive 
process is described more fully on the FSIS Web site at: http://www.fsis.usda.gov/wps/portal/fsis/topics/international-affairs/importing-products/equivalence/equivalence-process-overview.
    The FMIA and implementing regulations require that foreign 
countries be listed in the CFR as eligible to export meat and meat 
products to the United States. FSIS must engage in rulemaking to list a 
country as eligible. Countries found eligible to export meat or meat 
products to the United States are listed in the meat inspection 
regulations at 9 CFR 327.2(b). Once listed, the government of an 
eligible country must certify to FSIS that establishments that wish to 
export meat products to the United States are operating under 
requirements equivalent to those of the United States (9 CFR 
327.2(a)(3)). Countries must renew certifications of establishments 
annually (9 CFR 327.2(a)(3)).
    Section 20 of the FMIA (21 U.S.C. 620) prohibits the importation 
into the United States of adulterated or misbranded carcasses, parts of 
carcasses, meat, or meat products of amenable species that are capable 
of use as human food. To verify that products imported into the United 
States are not adulterated or misbranded, FSIS reinspects and randomly 
samples those products at ports of entry, before they enter U.S. 
commerce.

Evaluation of the Namibian Meat Inspection System

    In 2002 and again in 2005, the government of Namibia requested 
approval to export meat (beef) products to the United States. Namibia 
stated that, if approved, its immediate intent was to export boneless 
(not ground) raw beef products such as primal cuts, chuck, blade, and 
beef trimmings to the United States.
    In 2006, FSIS conducted a document review of Namibia's meat 
(slaughter and processing) inspection system to determine whether that 
system is equivalent to the United States' meat inspection system. FSIS 
concluded, on the basis of that review, that Namibia's laws, 
regulations, control programs, and procedures were sufficient to 
achieve the level of public health protection required by FSIS.
    Accordingly, FSIS proceeded with an on-site audit of Namibia's meat 
inspection system from September 25 to October 11, 2006, to verify 
whether Namibia's central competent authority (CCA) in charge of food 
inspection effectively implemented a meat inspection system equivalent 
to that of the United States. FSIS concluded that Namibia's meat 
inspection system did not meet the equivalence components for 
government oversight, statutory authority and food safety regulations, 
sanitation, HACCP, and chemical residue and microbiological testing 
programs. For example, FSIS found that the CCA did not have adequate 
administrative controls over the inspection system and lacked a 
training program to maintain the competency of the inspection personnel 
and laboratory analysts. Namibia did not provide direct and continuous 
inspection by the assigned government inspectors. Additionally, the 
sanitation programs at the establishments visited by the audit team 
lacked measures to prevent recurring deficiencies that could result in 
direct product contamination or adulteration, and inspectors did not 
identify the problems.
    Following the 2006 on-site audit, Namibia provided a corrective 
action plan that addressed FSIS's findings. Namibia also implemented 
comprehensive inspection training programs on requirements consistent 
with FSIS requirements for all its inspection and laboratory personnel.
    From September 2 to 9, 2009, FSIS conducted a follow-up on-site 
audit to determine whether the outstanding issues identified during the 
previous on-site audit had been resolved. The 2009 audit identified new 
systemic deficiencies within the equivalence components for government 
oversight, sanitation, HACCP, chemical residue, and microbiological 
testing programs. Specifically, the 2009 audit found that Namibia did 
not have a plan to

[[Page 56403]]

continuously analyze and implement staffing requirements in order to 
provide relief staff assignments during planned and unplanned field 
inspection personnel absences. In addition, Namibia did not effectively 
require that establishments maintain sanitation programs to prevent 
insanitary conditions and product contamination. Namibia also did not 
provide effective verification to ensure HACCP plans were effectively 
implemented and did not provide adequate control over laboratory 
quality systems.
    Following the 2009 on-site audit, Namibia again provided a 
comprehensive corrective action plan that addressed the findings 
identified. FSIS reviewed the corrective action plan and concluded that 
Namibia had satisfactorily addressed all the 2009 audit findings. In 
addition, FSIS concluded that Namibia's corrective action plan 
satisfactorily addressed all the previous 2006 audit findings.
    In 2013, FSIS conducted an initial equivalence follow-up on-site 
audit of Namibia's meat inspection system and verified that Namibia had 
satisfactorily implemented the corrective action plans proffered in 
response to the 2009 on-site audit. In 2013, the FSIS audit identified 
new findings within the equivalence components of government oversight, 
statutory authority and food safety regulations, sanitation, and 
chemical residue testing programs. The audit found that although the 
CCA had implemented all corrective action plans related to government 
oversight, it was unable to provide any record to demonstrate that the 
inspection personnel at the local establishments were properly 
implementing and documenting inspection procedures. Additionally, 
inspection personnel were including non-compliance findings on the 
Inspection Verification Activities Sheet instead of using a separate 
non-compliance record (NR) form to document non-compliance findings. 
Regarding statutory authority and food safety regulations, Namibia had 
implemented all related corrective action plans but could not 
demonstrate that it had adequate records to verify that establishments 
met Specified Risk Materials (SRM) requirements, to enforce SRM 
requirements, and to prevent potential SRM contamination from cattle 30 
months of age or older. The CCA also had not effectively implemented 
its verification procedures for sanitation performance standards and 
was unable to demonstrate how it assessed its residue plan results. 
Namibia's National Residue Program did not have sampling plan 
procedures or strategies for dealing with residue violators.
    In response to the 2013 audit findings, Namibia implemented 
immediate corrective actions and submitted another corrective action 
plan that addressed the findings identified during the audit of its 
food safety system. FSIS reviewed Namibia's corrective action plan and 
concluded that Namibia had satisfactorily addressed 2013 audit 
findings. FSIS conducted another audit in 2014 to verify that Namibia 
had effectively implemented those corrective actions.
    On the basis of the 2014 follow-up on-site audit, FSIS has 
concluded that Namibia has fully implemented the corrective action plan 
that it had submitted in response to the 2013 audit. FSIS did not find 
any significant problems during the audit. Furthermore, through the 
audit, FSIS found that Namibia has implemented a sampling and testing 
program for Shiga toxin-producing Escherichia coli (STEC) that is 
equivalent to FSIS's program. Therefore, FSIS has determined that the 
CCA has adequately addressed all previous audit findings and met FSIS 
equivalence criteria related to all six components.
    In summary, FSIS has completed the document review, on-site audits, 
and verification of corrective actions as part of the equivalence 
process, and all outstanding issues have been resolved. FSIS has 
determined that, as implemented, Namibia's inspection system (slaughter 
and processing) with respect to beef is equivalent to the United 
States' meat inspection system. The final 2009, 2013, and 2014 audit 
reports on Namibia's meat inspection system (slaughter and processing) 
can all be found on the FSIS Web site at: http://www.fsis.usda.gov/wps/portal/fsis/topics/international-affairs/importing-products/eligible-countries-products-foreign-establishments/foreign-audit-reports.
    Should this rule become final, Namibia will be eligible to export 
to the U.S. boneless (not ground) beef raw products such as primal 
cuts, chucks, blade, and beef trimmings. The government of Namibia will 
need to certify to FSIS that those establishments that wish to export 
beef or beef products to the United States are operating in accordance 
with requirements equivalent to those of the United States. FSIS will 
verify that the establishments certified by Namibia's government meet 
the United States requirements through periodic and regularly scheduled 
audits of Namibia's meat inspection system.
    If this proposed rule is adopted, the beef products that Namibia 
exports to the United States will be subject to re-inspection at the 
U.S. ports-of-entry for, but not limited to, transportation damage, 
product and container defects, labeling, proper certification, general 
condition, and accurate count. Moreover, even though a foreign country 
may be listed in FSIS regulations as eligible to export to the United 
States, the exporting country's products must also comply with all 
other applicable requirements of the United States. These requirements 
include restrictions under 9 CFR part 94 of APHIS' regulations, which 
also regulate the export of meat products from foreign countries to the 
United States.
    In the future, if Namibia wants to export other meat products to 
the U.S. (e.g., pork products), it will need to notify FSIS and submit 
information about its requirements and inspection program for these 
products. FSIS would then review the information and determine whether 
the Agency needs to audit the operations in Namibia producing these 
products to determine whether the requirements and inspection program 
for these products is equivalent to those in the U.S. Namibia would not 
be allowed to export additional products to the U.S. until FSIS 
determines that the country's requirements and inspection program for 
the products are equivalent to FSIS's system.
    In addition, FSIS will conduct other types of re-inspection 
activities, such as incubation of canned products to ensure product 
safety and taking product samples for laboratory analysis for the 
detections of drug and chemical residues, pathogens, species, and 
product composition. Products that pass re-inspection will be stamped 
with the official United States mark of inspection and allowed to enter 
United States commerce. If they do not meet United States requirements, 
they will be refused entry and within 45 days must be exported to the 
country of origin, destroyed, or converted to animal food (subject to 
approval of the U.S. Food and Drug Administration (FDA), depending on 
the violation. The import re-inspection activities can be found on the 
FSIS Web site at http://www.fsis.usda.gov/wps/portal/fsis/topics/international-affairs/importing-products/phis-import-component/phis-implementation-letter-to-importers/ct_index.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been designated a ``non-significant'' 
regulatory action under section 3(f) of

[[Page 56404]]

Executive Order (E.O.) 12866. Accordingly, the rule has not been 
reviewed by the Office of Management and Budget (OMB) under E.O. 12866.

Economic Impact Analysis for Namibia Export Equivalence

    This proposed rule would add Namibia to the list of countries 
eligible to export meat products into the United States. The government 
of Namibia intends to certify only one Namibian establishment as 
eligible to export boneless raw beef products to the United States. 
Given this establishment's beef production capacity and the projected 
export volume, FSIS projects that this rule, if implemented, will not 
have an impact on the United States economy. The annual boneless beef 
production of this establishment averaged 21.4 million pounds from 2008 
to 2014. The projected volume of export to the United States is about 
1.9 million pounds in 2015, increasing to about 12.5 million pounds in 
2019.\1\ The average annual United States domestic beef production in 
2012-2014 was 25.3 billion pounds, projected to be 24.2 billion pounds 
in 2015.\2\ The total United States import of beef averages 2.47 
billion pounds per year for 2012-2014, projected to be 2.91 billion 
pounds in 2015.\3\ Therefore, the projected Namibia beef imports in 
2015 would only be about 0.007% of total U.S. production and 0.07% of 
total U.S. imports. If Namibia achieves the projected export goal in 
2019 and assuming that United States beef production and import volume 
stay about the same, the projected beef imports from Namibia would 
still only be about 0.05% of total U.S. production, and 0.5% of total 
U.S. imports.
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    \1\ According to Namibia, this is the ``optimistic'' projection 
they wish to achieve. Market conditions will affect actual results.
    \2\ http://www.ers.usda.gov/media/1823699/rmpfore_apr-2015_r.xls, accessed on May 8, 2015; part of Livestock, Dairy, & 
Poultry Outlook at Economic Research Service, USDA.
    \3\ Ibid.
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    Although Namibia indicates that, for now, it is seeking to export 
boneless beef products only, this would not preclude it from exporting 
other meat products in the future, provided that the products meet all 
FSIS and APHIS requirements and any additional requirements that FSIS 
might have in place with regard to the products. Therefore, the long-
term economic impact could be larger than what we can assess right now.

Effect on Small Entities

    The FSIS Administrator has made a preliminary determination that 
this proposed rule will not have a significant impact on a substantial 
number of small entities, as defined by the Regulatory Flexibility Act 
(5 U.S.C. 601). As mentioned above, the expected trade volume is very 
small. Therefore, the proposed action should have no significant impact 
on small entities that produce beef products domestically.

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.

Paperwork Reduction Act

    No new paperwork requirements are associated with this proposed 
rule. Foreign countries wanting to export meat and meat products to the 
United States are required to provide information to FSIS certifying 
that their inspection system provides standards equivalent to those of 
the United States, and that the legal authority for the system and 
their implementing regulations are equivalent to those of the United 
States. FSIS provided Namibia with questionnaires asking for detailed 
information about the country's inspection practices and procedures to 
assist that country in organizing its materials. This information 
collection was approved under OMB number 0583-0094. The proposed rule 
contains no other paperwork requirements.

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.

Additional Public Notification

    FSIS will officially notify the World Trade Organization's 
Committee on Sanitary and Phytosanitary Measures (WTO/SPS Committee) in 
Geneva, Switzerland, of this proposal and will announce it on-line 
through the FSIS Web page located at: http://www.fsis.usda.gov/regulations_&_policies/Proposed_Rules/index.asp.
    FSIS also will make copies of this publication available through 
the FSIS Constituent Update, which is used to provide information 
regarding FSIS policies, procedures, regulations, Federal Register 
notices, FSIS public meetings, and other types of information that 
could affect or would be of interest to our constituents and 
stakeholders. The Update is available on the FSIS Web page. Through the 
Web page, FSIS is able to provide information to a much broader, more 
diverse audience. In addition, FSIS offers an email subscription 
service which provides automatic and customized access to selected food 
safety news and information. This service is available at: http://www.fsis.usda.gov/subscribe. Options range from recalls to export 
information, regulations, directives, and notices. Customers can add or 
delete subscriptions themselves, and have the option to password 
protect their accounts.

USDA Non-Discrimination Statement

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

How To File a Complaint of Discrimination

    To file a complaint of discrimination, complete the USDA Program 
Discrimination Complaint Form, which may be accessed online at http://www.ocio.usda.gov/sites/default/files/docs/2012/Complain_combined_6_8_12.pdf, or write a letter signed by you or your 
authorized representative.
    Send your completed complaint form or letter to USDA by mail, fax, 
or email: Mail: U.S. Department of Agriculture, Director, Office of 
Adjudication, 1400 Independence Avenue SW., Washington, DC 20250-9410. 
Fax: (202) 690-7442. Email: program.intake@usda.gov.
    Persons with disabilities who require alternative means for 
communication (Braille, large print, audiotape, etc.), should contact 
USDA's TARGET Center at (202) 720-2600 (voice and TDD).

List of Subjects in 9 CFR Part 327

    Imports, Meat Inspection.

    For the reasons set out in the preamble, FSIS is proposing to amend 
9 CFR part 327 as follows:

[[Page 56405]]

PART 327--IMPORTED PRODUCTS

0
1. 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
2. Amend Sec.  327.2 by adding Namibia in alphabetical order to the 
list of countries in paragraph (b).

    Done at Washington, DC, on September 14, 2015.
Alfred V. Almanza,
Acting Administrator.
[FR Doc. 2015-23455 Filed 9-17-15; 8:45 am]
BILLING CODE 3410-DM-P



                                                                      Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Proposed Rules                                          56401

                                                collection requirements have been                       PART 959—ONIONS GROWN IN                              ADDRESSES:   FSIS invites interested
                                                previously approved by the Office of                    SOUTH TEXAS                                           persons to submit comments on this
                                                Management and Budget (OMB) and                                                                               notice. Comments may be submitted by
                                                assigned OMB No. 0581–0178                              ■ 1. The authority citation for 7 CFR                 one of the following methods:
                                                (Vegetable and Specialty Crops). No                     part 959 continues to read as follows:                   • Federal eRulemaking Portal: This
                                                changes in those requirements are                           Authority: 7 U.S.C. 601–674.                      Web site provides the ability to type
                                                necessary as a result of this proposed                                                                        short comments directly into the
                                                                                                        ■ 2. Section 959.237 is revised to read               comment field or attach a file for
                                                action. Should any changes become                       as follows:
                                                necessary, they would be submitted to                                                                         lengthier comments. Go to http://
                                                OMB for approval.                                       § 959.237    Assessment rate.                         www.regulations.gov. Follow the on-line
                                                                                                          On and after August 1, 2015, an                     instructions at that site for submitting
                                                   This proposed rule would impose no
                                                                                                        assessment rate of $0.05 per 50-pound                 comments.
                                                additional reporting or recordkeeping
                                                                                                        equivalent is established for South                      • Mail, including CD–ROMs, etc.:
                                                requirements on either small or large
                                                                                                        Texas onions.                                         Send to Docket Clerk, U.S. Department
                                                South Texas onion handlers. As with all                                                                       of Agriculture, Food Safety and
                                                Federal marketing order programs,                         Dated: September 10, 2015.                          Inspection Service, Patriots Plaza 3,
                                                reports and forms are periodically                      Rex A. Barnes,                                        1400 Independence Avenue SW.,
                                                reviewed to reduce information                          Associate Administrator, Agricultural                 Mailstop 3782, Room 8–163A,
                                                requirements and duplication by                         Marketing Service.                                    Washington, DC 20250–3700.
                                                industry and public sector agencies.                    [FR Doc. 2015–23436 Filed 9–17–15; 8:45 am]              • Hand- or courier-delivered
                                                   AMS is committed to complying with                   BILLING CODE P                                        submittals: Deliver to Patriots Plaza 3,
                                                the E-Government Act, to promote the                                                                          355 E Street SW., Room 8–163A,
                                                use of the Internet and other                                                                                 Washington, DC 20250–3700.
                                                information technologies to provide                     DEPARTMENT OF AGRICULTURE                                Instructions: All items submitted by
                                                increased opportunities for citizen                                                                           mail or electronic mail must include the
                                                                                                        Food Safety and Inspection Service                    Agency name and docket number FSIS–
                                                access to Government information and
                                                services, and for other purposes.                                                                             2012–0028. Comments received in
                                                                                                        9 CFR Part 327                                        response to this docket will be made
                                                   USDA has not identified any relevant
                                                Federal rules that duplicate, overlap, or               [Docket No. FSIS–2012–0028]                           available for public inspection and
                                                conflict with this action.                                                                                    posted without change, including any
                                                                                                        RIN 0583–AD51
                                                                                                                                                              personal information, to http://
                                                   A small business guide on complying                                                                        www.regulations.gov.
                                                                                                        Eligibility of Namibia To Export Meat
                                                with fruit, vegetable, and specialty crop                                                                        Docket: For access to background
                                                                                                        Products to the United States
                                                marketing agreements and orders may                                                                           documents or comments received, go to
                                                be viewed at: http://www.ams.usda.gov/                  AGENCY:  Food Safety and Inspection                   the FSIS Docket Room at Patriots Plaza
                                                MarketingOrdersSmallBusinessGuide.                      Service, USDA.                                        3, 355 E Street SW., Room 8–164,
                                                Any questions about the compliance                      ACTION: Proposed rule.                                Washington, DC 20250–3700 between
                                                guide should be sent to Jeffrey Smutny                                                                        8:00 a.m. and 4:30 p.m., Monday
                                                at the previously-mentioned address in                  SUMMARY:   The Food Safety and                        through Friday.
                                                the FOR FURTHER INFORMATION CONTACT                     Inspection Service (FSIS) is proposing                FOR FURTHER INFORMATION CONTACT: Dr.
                                                section.                                                to add Namibia to the list of countries               Daniel Engeljohn, Assistant
                                                   A 30-day comment period is provided                  whose meat inspection system is                       Administrator, Office of Policy and
                                                to allow interested persons to respond                  equivalent to the system that the United              Program Development; Telephone: (202)
                                                to this proposed rule. Thirty days is                   States has established under the Federal              205–0495.
                                                deemed appropriate because: (1) The                     Meat Inspect Act (FMIA) and its
                                                                                                                                                              SUPPLEMENTARY INFORMATION:
                                                2015–16 fiscal period begins on August                  implementing regulations. FSIS’s review
                                                1, 2015, and the marketing order                        of Namibia’s laws, regulations, and                   Background
                                                requires that the rate of assessment for                inspection implementation show this to
                                                                                                                                                                FSIS is proposing to amend its meat
                                                each fiscal period apply to all assessable              be the case.
                                                                                                                                                              products inspection regulations to add
                                                onions handled during such fiscal                         At this time, because Namibia advised
                                                                                                                                                              Namibia to the list of countries eligible
                                                                                                        FSIS that it intends to export only
                                                period; (2) the Committee needs to have                                                                       to export meat products to the United
                                                                                                        boneless (not ground) raw beef
                                                sufficient funds to pay its expenses                                                                          States (9 CFR 327.2(b)). Namibia is not
                                                                                                        products, such as primal cuts, chuck,
                                                which are incurred on a continuous                                                                            currently listed as eligible to export
                                                                                                        blade, and beef trimmings to the United
                                                basis; and (3) handlers are aware of this                                                                     such products to the United States.
                                                                                                        States, FSIS has only assessed Namibia’s
                                                action which was unanimously
                                                                                                        inspection system with respect to beef.               Statutory Basis for Proposed Action
                                                recommended by the Committee at a
                                                                                                        Thus, should this rule become final,                    Under the FMIA and the regulations
                                                public meeting and is similar to other
                                                                                                        Namibia would need to submit                          that implement it, meat and meat
                                                assessment rate actions issued in past
                                                                                                        additional information for FSIS to                    products imported into the United
                                                years.
                                                                                                        review before FSIS would allow                        States must be produced under
                                                List of Subjects in 7 CFR Part 959                      Namibia to export product from other
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                                                                                                                                                              standards for safety, wholesomeness,
                                                                                                        types of livestock to the U.S. All                    and labeling accuracy that are
                                                  Marketing agreements, Onions,                         products that Namibia exports to the
                                                Reporting and recordkeeping                                                                                   equivalent to those of the United States
                                                                                                        U.S. will be subject to re-inspection at              (21 U.S.C. 620). The FMIA also requires
                                                requirements.                                           United States ports of entry by FSIS                  that the livestock from which such
                                                  For the reasons set forth in the                      inspectors.                                           imports are produced be slaughtered
                                                preamble, 7 CFR part 959 is proposed to                 DATES: Comments must be received on                   and handled in connection with
                                                be amended as follows:                                  or before November 17, 2015.                          slaughter in a manner that is consistent


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                                                56402                 Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Proposed Rules

                                                with the Humane Methods of Slaughter                    country to effect its inspection program.             approval to export meat (beef) products
                                                Act (7 U.S.C. 1901–1906). Section 327.2                 FSIS requests that countries provide                  to the United States. Namibia stated
                                                of Title 9 of the Code of Federal                       information about their inspection                    that, if approved, its immediate intent
                                                Regulations (CFR) sets out the                          systems through its self-reporting tool               was to export boneless (not ground) raw
                                                procedures by which foreign countries                   (SRT). The SRT is a standardized                      beef products such as primal cuts,
                                                may become eligible to export meat and                  questionnaire that FSIS provides to                   chuck, blade, and beef trimmings to the
                                                meat products to the United States.                     foreign governments to gather                         United States.
                                                   Paragraph 327.2(a) of 9 CFR requires                 information that characterizes foreign                   In 2006, FSIS conducted a document
                                                that a foreign country’s meat inspection                inspection systems. Through the SRT,                  review of Namibia’s meat (slaughter and
                                                system provide standards equivalent to                  FSIS collects information on practices                processing) inspection system to
                                                those of the United States and provide                  and procedures in six areas, known as                 determine whether that system is
                                                legal authority for the inspection system               equivalence components: (1)                           equivalent to the United States’ meat
                                                and its implementing regulations that is                Government Oversight, (2) Statutory                   inspection system. FSIS concluded, on
                                                equivalent to that of the United States.                Authority and Food Safety Regulations,                the basis of that review, that Namibia’s
                                                Specifically, a country’s legal authority               (3) Sanitation, (4) HACCP Systems, (5)                laws, regulations, control programs, and
                                                and regulations must impose                             Chemical Residue Testing Programs,                    procedures were sufficient to achieve
                                                requirements equivalent to those of the                 and (6) Microbiological Testing                       the level of public health protection
                                                United States with respect to: (1) Ante-                Programs. FSIS evaluates the                          required by FSIS.
                                                mortem inspection, humane methods of                    information submitted to verify that the                 Accordingly, FSIS proceeded with an
                                                slaughter and handling, and post-                       critical points in the six equivalence                on-site audit of Namibia’s meat
                                                mortem inspection by, or under the                      components are addressed satisfactorily               inspection system from September 25 to
                                                direct supervision of, a veterinarian; (2)              with respect to standards, activities,                October 11, 2006, to verify whether
                                                official controls by the national                       resources, and enforcement. If the                    Namibia’s central competent authority
                                                government over establishment                           document review is satisfactory, an                   (CCA) in charge of food inspection
                                                construction, facilities, and equipment;                onsite review is scheduled using a                    effectively implemented a meat
                                                (3) direct and continuous official                      multidisciplinary team to evaluate all                inspection system equivalent to that of
                                                supervision of slaughtering and                         aspects of the country’s inspection                   the United States. FSIS concluded that
                                                preparation of product by inspectors to                 program. This comprehensive process is                Namibia’s meat inspection system did
                                                ensure that product is not adulterated or               described more fully on the FSIS Web                  not meet the equivalence components
                                                misbranded; (4) complete separation of                  site at: http://www.fsis.usda.gov/wps/                for government oversight, statutory
                                                establishments certified to export from                 portal/fsis/topics/international-affairs/             authority and food safety regulations,
                                                those not certified; (5) maintenance of a               importing-products/equivalence/                       sanitation, HACCP, and chemical
                                                single standard of inspection and                       equivalence-process-overview.                         residue and microbiological testing
                                                sanitation throughout certified                            The FMIA and implementing                          programs. For example, FSIS found that
                                                establishments; (6) requirements for                    regulations require that foreign                      the CCA did not have adequate
                                                sanitation and for sanitary handling of                 countries be listed in the CFR as eligible            administrative controls over the
                                                product at establishments certified to                  to export meat and meat products to the               inspection system and lacked a training
                                                export; (7) official controls over                      United States. FSIS must engage in                    program to maintain the competency of
                                                condemned product; (8) a Hazard                         rulemaking to list a country as eligible.             the inspection personnel and laboratory
                                                Analysis and Critical Control Point                     Countries found eligible to export meat               analysts. Namibia did not provide direct
                                                (HACCP) system; and (9) any other                       or meat products to the United States                 and continuous inspection by the
                                                requirements found in the FMIA and its                  are listed in the meat inspection                     assigned government inspectors.
                                                implementing regulations (9 CFR                         regulations at 9 CFR 327.2(b). Once                   Additionally, the sanitation programs at
                                                327.2(a)(2)(ii)).                                       listed, the government of an eligible                 the establishments visited by the audit
                                                   The country’s inspection system must                 country must certify to FSIS that                     team lacked measures to prevent
                                                also impose requirements equivalent to                  establishments that wish to export meat               recurring deficiencies that could result
                                                those of the United States with respect                 products to the United States are                     in direct product contamination or
                                                to: (1) Organizational structure and                    operating under requirements                          adulteration, and inspectors did not
                                                staffing to ensure uniform enforcement                  equivalent to those of the United States              identify the problems.
                                                of the requisite laws and regulations in                (9 CFR 327.2(a)(3)). Countries must                      Following the 2006 on-site audit,
                                                all certified establishments; (2) national              renew certifications of establishments                Namibia provided a corrective action
                                                government control and supervision                      annually (9 CFR 327.2(a)(3)).                         plan that addressed FSIS’s findings.
                                                over the official activities of employees                  Section 20 of the FMIA (21 U.S.C.                  Namibia also implemented
                                                or licensees; (3) qualified inspectors; (4)             620) prohibits the importation into the               comprehensive inspection training
                                                enforcement and certification authority;                United States of adulterated or                       programs on requirements consistent
                                                (5) administrative and technical                        misbranded carcasses, parts of                        with FSIS requirements for all its
                                                support; (6) inspection, sanitation,                    carcasses, meat, or meat products of                  inspection and laboratory personnel.
                                                quality, species verification, and residue              amenable species that are capable of use                 From September 2 to 9, 2009, FSIS
                                                standards; and (7) any other inspection                 as human food. To verify that products                conducted a follow-up on-site audit to
                                                requirements (9 CFR 327.2(a)(2)(i)).                    imported into the United States are not               determine whether the outstanding
                                                   A foreign country’s inspection system                adulterated or misbranded, FSIS                       issues identified during the previous on-
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                                                must be evaluated by FSIS before                        reinspects and randomly samples those                 site audit had been resolved. The 2009
                                                eligibility to export meat and meat                     products at ports of entry, before they               audit identified new systemic
                                                products to the United States can be                    enter U.S. commerce.                                  deficiencies within the equivalence
                                                granted. This evaluation consists of two                                                                      components for government oversight,
                                                processes: A document review and an                     Evaluation of the Namibian Meat                       sanitation, HACCP, chemical residue,
                                                on-site review. The document review is                  Inspection System                                     and microbiological testing programs.
                                                an evaluation of the laws, regulations,                   In 2002 and again in 2005, the                      Specifically, the 2009 audit found that
                                                and other written materials used by the                 government of Namibia requested                       Namibia did not have a plan to


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                                                                      Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Proposed Rules                                         56403

                                                continuously analyze and implement                      or strategies for dealing with residue                the United States will be subject to re-
                                                staffing requirements in order to provide               violators.                                            inspection at the U.S. ports-of-entry for,
                                                relief staff assignments during planned                    In response to the 2013 audit findings,            but not limited to, transportation
                                                and unplanned field inspection                          Namibia implemented immediate                         damage, product and container defects,
                                                personnel absences. In addition,                        corrective actions and submitted                      labeling, proper certification, general
                                                Namibia did not effectively require that                another corrective action plan that                   condition, and accurate count.
                                                establishments maintain sanitation                      addressed the findings identified during              Moreover, even though a foreign
                                                programs to prevent insanitary                          the audit of its food safety system. FSIS             country may be listed in FSIS
                                                conditions and product contamination.                   reviewed Namibia’s corrective action                  regulations as eligible to export to the
                                                Namibia also did not provide effective                  plan and concluded that Namibia had                   United States, the exporting country’s
                                                verification to ensure HACCP plans                      satisfactorily addressed 2013 audit                   products must also comply with all
                                                were effectively implemented and did                    findings. FSIS conducted another audit                other applicable requirements of the
                                                not provide adequate control over                       in 2014 to verify that Namibia had                    United States. These requirements
                                                laboratory quality systems.                             effectively implemented those                         include restrictions under 9 CFR part 94
                                                   Following the 2009 on-site audit,                    corrective actions.                                   of APHIS’ regulations, which also
                                                Namibia again provided a                                   On the basis of the 2014 follow-up on-             regulate the export of meat products
                                                comprehensive corrective action plan                    site audit, FSIS has concluded that                   from foreign countries to the United
                                                that addressed the findings identified.                 Namibia has fully implemented the                     States.
                                                FSIS reviewed the corrective action plan                corrective action plan that it had                       In the future, if Namibia wants to
                                                and concluded that Namibia had                          submitted in response to the 2013 audit.              export other meat products to the U.S.
                                                satisfactorily addressed all the 2009                   FSIS did not find any significant                     (e.g., pork products), it will need to
                                                                                                        problems during the audit. Furthermore,               notify FSIS and submit information
                                                audit findings. In addition, FSIS
                                                                                                        through the audit, FSIS found that                    about its requirements and inspection
                                                concluded that Namibia’s corrective
                                                                                                        Namibia has implemented a sampling                    program for these products. FSIS would
                                                action plan satisfactorily addressed all
                                                                                                        and testing program for Shiga toxin-                  then review the information and
                                                the previous 2006 audit findings.
                                                                                                        producing Escherichia coli (STEC) that                determine whether the Agency needs to
                                                   In 2013, FSIS conducted an initial                   is equivalent to FSIS’s program.                      audit the operations in Namibia
                                                equivalence follow-up on-site audit of                  Therefore, FSIS has determined that the               producing these products to determine
                                                Namibia’s meat inspection system and                    CCA has adequately addressed all                      whether the requirements and
                                                verified that Namibia had satisfactorily                previous audit findings and met FSIS                  inspection program for these products is
                                                implemented the corrective action plans                 equivalence criteria related to all six               equivalent to those in the U.S. Namibia
                                                proffered in response to the 2009 on-site               components.                                           would not be allowed to export
                                                audit. In 2013, the FSIS audit identified                  In summary, FSIS has completed the                 additional products to the U.S. until
                                                new findings within the equivalence                     document review, on-site audits, and                  FSIS determines that the country’s
                                                components of government oversight,                     verification of corrective actions as part            requirements and inspection program
                                                statutory authority and food safety                     of the equivalence process, and all                   for the products are equivalent to FSIS’s
                                                regulations, sanitation, and chemical                   outstanding issues have been resolved.                system.
                                                residue testing programs. The audit                     FSIS has determined that, as                             In addition, FSIS will conduct other
                                                found that although the CCA had                         implemented, Namibia’s inspection                     types of re-inspection activities, such as
                                                implemented all corrective action plans                 system (slaughter and processing) with                incubation of canned products to ensure
                                                related to government oversight, it was                 respect to beef is equivalent to the                  product safety and taking product
                                                unable to provide any record to                         United States’ meat inspection system.                samples for laboratory analysis for the
                                                demonstrate that the inspection                         The final 2009, 2013, and 2014 audit                  detections of drug and chemical
                                                personnel at the local establishments                   reports on Namibia’s meat inspection                  residues, pathogens, species, and
                                                were properly implementing and                          system (slaughter and processing) can                 product composition. Products that pass
                                                documenting inspection procedures.                      all be found on the FSIS Web site at:                 re-inspection will be stamped with the
                                                Additionally, inspection personnel were                 http://www.fsis.usda.gov/wps/portal/                  official United States mark of inspection
                                                including non-compliance findings on                    fsis/topics/international-affairs/                    and allowed to enter United States
                                                the Inspection Verification Activities                  importing-products/eligible-countries-                commerce. If they do not meet United
                                                Sheet instead of using a separate non-                  products-foreign-establishments/                      States requirements, they will be
                                                compliance record (NR) form to                          foreign-audit-reports.                                refused entry and within 45 days must
                                                document non-compliance findings.                          Should this rule become final,                     be exported to the country of origin,
                                                Regarding statutory authority and food                  Namibia will be eligible to export to the             destroyed, or converted to animal food
                                                safety regulations, Namibia had                         U.S. boneless (not ground) beef raw                   (subject to approval of the U.S. Food
                                                implemented all related corrective                      products such as primal cuts, chucks,                 and Drug Administration (FDA),
                                                action plans but could not demonstrate                  blade, and beef trimmings. The                        depending on the violation. The import
                                                that it had adequate records to verify                  government of Namibia will need to                    re-inspection activities can be found on
                                                that establishments met Specified Risk                  certify to FSIS that those establishments             the FSIS Web site at http://
                                                Materials (SRM) requirements, to                        that wish to export beef or beef products             www.fsis.usda.gov/wps/portal/fsis/
                                                enforce SRM requirements, and to                        to the United States are operating in                 topics/international-affairs/importing-
                                                prevent potential SRM contamination                     accordance with requirements                          products/phis-import-component/phis-
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                                                from cattle 30 months of age or older.                  equivalent to those of the United States.             implementation-letter-to-importers/ct_
                                                The CCA also had not effectively                        FSIS will verify that the establishments              index.
                                                implemented its verification procedures                 certified by Namibia’s government meet
                                                for sanitation performance standards                    the United States requirements through                Executive Order 12866 and Regulatory
                                                and was unable to demonstrate how it                    periodic and regularly scheduled audits               Flexibility Act
                                                assessed its residue plan results.                      of Namibia’s meat inspection system.                    This proposed rule has been
                                                Namibia’s National Residue Program                         If this proposed rule is adopted, the              designated a ‘‘non-significant’’
                                                did not have sampling plan procedures                   beef products that Namibia exports to                 regulatory action under section 3(f) of


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                                                56404                 Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Proposed Rules

                                                Executive Order (E.O.) 12866.                           Effect on Small Entities                                 FSIS also will make copies of this
                                                Accordingly, the rule has not been                        The FSIS Administrator has made a                   publication available through the FSIS
                                                reviewed by the Office of Management                    preliminary determination that this                   Constituent Update, which is used to
                                                and Budget (OMB) under E.O. 12866.                      proposed rule will not have a significant             provide information regarding FSIS
                                                                                                        impact on a substantial number of small               policies, procedures, regulations,
                                                Economic Impact Analysis for Namibia                                                                          Federal Register notices, FSIS public
                                                                                                        entities, as defined by the Regulatory
                                                Export Equivalence                                                                                            meetings, and other types of information
                                                                                                        Flexibility Act (5 U.S.C. 601). As
                                                                                                        mentioned above, the expected trade                   that could affect or would be of interest
                                                  This proposed rule would add                                                                                to our constituents and stakeholders.
                                                Namibia to the list of countries eligible               volume is very small. Therefore, the
                                                                                                        proposed action should have no                        The Update is available on the FSIS
                                                to export meat products into the United                                                                       Web page. Through the Web page, FSIS
                                                States. The government of Namibia                       significant impact on small entities that
                                                                                                        produce beef products domestically.                   is able to provide information to a much
                                                intends to certify only one Namibian                                                                          broader, more diverse audience. In
                                                establishment as eligible to export                     Executive Order 12988, Civil Justice                  addition, FSIS offers an email
                                                boneless raw beef products to the                       Reform                                                subscription service which provides
                                                United States. Given this                                 This proposed rule has been reviewed                automatic and customized access to
                                                establishment’s beef production                         under Executive Order 12988, Civil                    selected food safety news and
                                                capacity and the projected export                       Justice Reform. Under this rule: (1) All              information. This service is available at:
                                                volume, FSIS projects that this rule, if                State and local laws and regulations that             http://www.fsis.usda.gov/subscribe.
                                                implemented, will not have an impact                    are inconsistent with this rule will be               Options range from recalls to export
                                                on the United States economy. The                       preempted; (2) no retroactive effect will             information, regulations, directives, and
                                                annual boneless beef production of this                 be given to this rule; and (3) no                     notices. Customers can add or delete
                                                establishment averaged 21.4 million                     administrative proceedings will be                    subscriptions themselves, and have the
                                                pounds from 2008 to 2014. The                           required before parties may file suit in              option to password protect their
                                                projected volume of export to the                       court challenging this rule.                          accounts.
                                                United States is about 1.9 million                      Paperwork Reduction Act                               USDA Non-Discrimination Statement
                                                pounds in 2015, increasing to about 12.5
                                                                                                          No new paperwork requirements are                     No agency, officer, or employee of the
                                                million pounds in 2019.1 The average
                                                                                                        associated with this proposed rule.                   USDA shall, on the grounds of race,
                                                annual United States domestic beef                                                                            color, national origin, religion, sex,
                                                production in 2012–2014 was 25.3                        Foreign countries wanting to export
                                                                                                        meat and meat products to the United                  gender identity, sexual orientation,
                                                billion pounds, projected to be 24.2                                                                          disability, age, marital status, family/
                                                                                                        States are required to provide
                                                billion pounds in 2015.2 The total                                                                            parental status, income derived from a
                                                                                                        information to FSIS certifying that their
                                                United States import of beef averages                   inspection system provides standards                  public assistance program, or political
                                                2.47 billion pounds per year for 2012–                  equivalent to those of the United States,             beliefs, exclude from participation in,
                                                2014, projected to be 2.91 billion                      and that the legal authority for the                  deny the benefits of, or subject to
                                                pounds in 2015.3 Therefore, the                         system and their implementing                         discrimination any person in the United
                                                projected Namibia beef imports in 2015                  regulations are equivalent to those of the            States under any program or activity
                                                would only be about 0.007% of total                     United States. FSIS provided Namibia                  conducted by the USDA.
                                                U.S. production and 0.07% of total U.S.                 with questionnaires asking for detailed
                                                imports. If Namibia achieves the                                                                              How To File a Complaint of
                                                                                                        information about the country’s                       Discrimination
                                                projected export goal in 2019 and                       inspection practices and procedures to
                                                assuming that United States beef                        assist that country in organizing its                    To file a complaint of discrimination,
                                                production and import volume stay                       materials. This information collection                complete the USDA Program
                                                about the same, the projected beef                      was approved under OMB number                         Discrimination Complaint Form, which
                                                imports from Namibia would still only                   0583–0094. The proposed rule contains                 may be accessed online at http://
                                                be about 0.05% of total U.S. production,                no other paperwork requirements.                      www.ocio.usda.gov/sites/default/files/
                                                and 0.5% of total U.S. imports.                                                                               docs/2012/Complain_combined_6_8_
                                                                                                        E-Government Act                                      12.pdf, or write a letter signed by you
                                                  Although Namibia indicates that, for                    FSIS and USDA are committed to                      or your authorized representative.
                                                now, it is seeking to export boneless                   achieving the purposes of the E-                         Send your completed complaint form
                                                beef products only, this would not                      Government Act (44 U.S.C. 3601, et                    or letter to USDA by mail, fax, or email:
                                                preclude it from exporting other meat                   seq.) by, among other things, promoting               Mail: U.S. Department of Agriculture,
                                                products in the future, provided that the               the use of the Internet and other                     Director, Office of Adjudication, 1400
                                                products meet all FSIS and APHIS                        information technologies and providing                Independence Avenue SW.,
                                                requirements and any additional                         increased opportunities for citizen                   Washington, DC 20250–9410. Fax: (202)
                                                requirements that FSIS might have in                    access to Government information and                  690–7442. Email: program.intake@
                                                place with regard to the products.                      services, and for other purposes.                     usda.gov.
                                                Therefore, the long-term economic                                                                                Persons with disabilities who require
                                                impact could be larger than what we can                 Additional Public Notification                        alternative means for communication
                                                assess right now.                                         FSIS will officially notify the World               (Braille, large print, audiotape, etc.),
                                                                                                                                                              should contact USDA’s TARGET Center
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                                                                                                        Trade Organization’s Committee on
                                                  1 According to Namibia, this is the ‘‘optimistic’’    Sanitary and Phytosanitary Measures                   at (202) 720–2600 (voice and TDD).
                                                projection they wish to achieve. Market conditions      (WTO/SPS Committee) in Geneva,
                                                will affect actual results.                                                                                   List of Subjects in 9 CFR Part 327
                                                                                                        Switzerland, of this proposal and will
                                                  2 http://www.ers.usda.gov/media/1823699/
                                                                                                        announce it on-line through the FSIS                    Imports, Meat Inspection.
                                                rmpfore_apr-2015_r.xls, accessed on May 8, 2015;
                                                part of Livestock, Dairy, & Poultry Outlook at          Web page located at: http://                            For the reasons set out in the
                                                Economic Research Service, USDA.                        www.fsis.usda.gov/regulations_&_                      preamble, FSIS is proposing to amend 9
                                                  3 Ibid.                                               policies/Proposed_Rules/index.asp.                    CFR part 327 as follows:


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                                                                      Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Proposed Rules                                              56405

                                                PART 327—IMPORTED PRODUCTS                              Room W12–140, 1200 New Jersey                         personal information you provide. We
                                                                                                        Avenue SE., Washington, DC 20590.                     will also post a report summarizing each
                                                ■ 1. The authority citation for part 327                  • Hand Delivery: U.S. Department of                 substantive verbal contact we receive
                                                continues to read as follows:                           Transportation, Docket Operations, M–                 about this proposed AD.
                                                  Authority: 21 U.S.C. 601–695; 7 CFR 2.18,             30, West Building Ground Floor, Room
                                                                                                                                                              Discussion
                                                2.53.                                                   W12–140, 1200 New Jersey Avenue SE.,
                                                                                                        Washington, DC, between 9 a.m. and 5                    The European Aviation Safety Agency
                                                § 327.2   [Amended]                                     p.m., Monday through Friday, except                   (EASA), which is the Technical Agent
                                                ■ 2. Amend § 327.2 by adding Namibia                    Federal holidays.                                     for the Member States of the European
                                                in alphabetical order to the list of                      For service information identified in               Union, has issued EASA Airworthiness
                                                countries in paragraph (b).                             this proposed AD, contact Airbus SAS,                 Directive 2015–0037, dated March 2,
                                                  Done at Washington, DC, on September 14,              Airworthiness Office—EAL, 1 Rond                      2015 (referred to after this as the
                                                2015.                                                   Point Maurice Bellonte, 31707 Blagnac                 Mandatory Continuing Airworthiness
                                                Alfred V. Almanza,                                      Cedex, France; telephone +33 5 61 93 36               Information, or ‘‘the MCAI’’), to correct
                                                                                                        96; fax +33 5 61 93 45 80; email                      an unsafe condition for certain Airbus
                                                Acting Administrator.
                                                                                                        airworthiness.A330-A340@airbus.com;                   Model A330–200 and –300 series
                                                [FR Doc. 2015–23455 Filed 9–17–15; 8:45 am]
                                                                                                        Internet http://www.airbus.com. You                   airplanes; Model A330–200 Freighter
                                                BILLING CODE 3410–DM–P
                                                                                                        may view this referenced service                      series airplanes; and Model A340–200,
                                                                                                        information at the FAA, Transport                     –300, –500, and –600 series airplanes.
                                                                                                        Airplane Directorate, 1601 Lind Avenue                The MCAI states:
                                                DEPARTMENT OF TRANSPORTATION                            SW., Renton, WA. For information on                      An operator has reported chafed wiring at
                                                                                                        the availability of this material at the              the upper left corner of the cockpit door. The
                                                Federal Aviation Administration
                                                                                                        FAA, call 425–227–1221.                               investigation concluded that the affected
                                                                                                                                                              wire bundle, which supplies a voltage of
                                                14 CFR Part 39                                          Examining the AD Docket                               115V [volt] AC [alternating current], was not
                                                [Docket No. FAA–2015–3631; Directorate                     You may examine the AD docket on                   grounded on the cockpit door frame as part
                                                Identifier 2015–NM–060–AD]                              the Internet at http://                               of the design of A330 and A340 aeroplanes.
                                                                                                                                                                 This condition, if not corrected, could
                                                                                                        www.regulations.gov by searching for
                                                RIN 2120–AA64                                                                                                 result in injury [electrical shock], in case any
                                                                                                        and locating Docket No. FAA–2015–                     person gets in contact with the door frame.
                                                Airworthiness Directives; Airbus                        3631; or in person at the Docket                         Prompted by these findings, Airbus issued
                                                Airplanes                                               Management Facility between 9 a.m.                    SB [service bulletin] A330–25–3534, SB
                                                                                                        and 5 p.m., Monday through Friday,                    A340–25–4349 and SB A340–25–5212 to
                                                AGENCY: Federal Aviation                                except Federal holidays. The AD docket                provide instructions to modify the electrical
                                                Administration (FAA), DOT.                              contains this proposed AD, the                        bonding of the cockpit door.
                                                                                                        regulatory evaluation, any comments                      For the reasons described above, this
                                                ACTION: Notice of proposed rulemaking
                                                                                                        received, and other information. The                  [EASA] AD requires modification of the
                                                (NPRM).                                                                                                       cockpit door frame structure, installation of
                                                                                                        street address for the Docket Operations
                                                                                                                                                              bonding-leads to the upper cockpit door
                                                SUMMARY:   We propose to adopt a new                    office (telephone 800–647–5527) is in                 frame and modification of the upper cockpit
                                                airworthiness directive (AD) for certain                the ADDRESSES section. Comments will                  door plate cover.
                                                Airbus Model A330–200 and –300 series                   be available in the AD docket shortly
                                                airplanes; Model A330–200 Freighter                     after receipt.                                          You may examine the MCAI in the
                                                series airplanes; and Model A340–200,                                                                         AD docket on the Internet at http://
                                                                                                        FOR FURTHER INFORMATION CONTACT:
                                                –300, –500, and –600 series airplanes.                                                                        www.regulations.gov by searching for
                                                                                                        Vladimir Ulyanov, Aerospace Engineer,                 and locating Docket No. FAA–2015–
                                                This proposed AD was prompted by                        International Branch, ANM–116,
                                                reports of chafed wiring at the upper left                                                                    3631.
                                                                                                        Transport Airplane Directorate, FAA,
                                                corner of the cockpit door. The affected                1601 Lind Avenue SW., Renton, WA                      Related Service Information Under 1
                                                wire bundle was not grounded on the                     98057–3356; telephone 425–227–1138;                   CFR Part 51
                                                cockpit door frame. This proposed AD                    fax 425–227–1149.
                                                would require modifying the cockpit                                                                              Airbus has issued the following
                                                                                                        SUPPLEMENTARY INFORMATION:                            service information.
                                                door frame structure, installing bonding-
                                                                                                                                                                 • Service Bulletin A330–25–3534,
                                                leads to the upper cockpit door frame,                  Comments Invited
                                                                                                                                                              Revision 01, dated October 23, 2014.
                                                and modifying the upper cockpit door                      We invite you to send any written                   This service information describes
                                                plate cover. We are proposing this AD                   relevant data, views, or arguments about              procedures for modifying the cockpit
                                                to prevent electrical shock injury to                   this proposed AD. Send your comments                  door frame structure and installing
                                                persons contacting the cockpit door.                    to an address listed under the                        bonding-leads to the upper cockpit door
                                                DATES: We must receive comments on                      ADDRESSES section. Include ‘‘Docket No.               frame.
                                                this proposed AD by November 2, 2015.                   FAA–2015–3631; Directorate Identifier                    • Service Bulletin A340–25–4349,
                                                ADDRESSES: You may send comments,                       2015–NM–060–AD’’ at the beginning of                  Revision 01, dated October 27, 2014.
                                                using the procedures found in 14 CFR                    your comments. We specifically invite                 This service information describes
                                                11.43 and 11.45, by any of the following                comments on the overall regulatory,                   procedures for modifying the cockpit
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                methods:                                                economic, environmental, and energy                   door frame structure and installing
                                                  • Federal eRulemaking Portal: Go to                   aspects of this proposed AD. We will                  bonding-leads to the upper cockpit door
                                                http://www.regulations.gov. Follow the                  consider all comments received by the                 frame.
                                                instructions for submitting comments.                   closing date and may amend this                          • Service Bulletin A340–25–5212,
                                                  • Fax: 202–493–2251.                                  proposed AD based on those comments.                  Revision 01, dated October 27, 2014.
                                                  • Mail: U.S. Department of                              We will post all comments we                        This service information describes
                                                Transportation, Docket Operations,                      receive, without change, to http://                   procedures for modifying the cockpit
                                                M–30, West Building Ground Floor,                       www.regulations.gov, including any                    door frame structure and installing


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Document Created: 2015-12-15 09:27:48
Document Modified: 2015-12-15 09:27:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before November 17, 2015.
ContactDr. Daniel Engeljohn, Assistant Administrator, Office of Policy and Program Development; Telephone: (202) 205-0495.
FR Citation80 FR 56401 
RIN Number0583-AD51
CFR AssociatedImports and Meat Inspection

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