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 Range		56401-56405
FR Document		2015-23455

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
tkelley on DSK3SPTVN1PROD with PROPOSALS

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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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

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule.
Dates		Comments must be received on or before November 17, 2015.
Contact		Dr. Daniel Engeljohn, Assistant Administrator, Office of Policy and Program Development; Telephone: (202) 205-0495.
FR Citation		80 FR 56401
RIN Number		0583-AD51
CFR Associated		Imports and Meat Inspection

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

DEPARTMENT OF AGRICULTUREFood Safety and Inspection Service

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

DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service