80_FR_9463 80 FR 9428 - Document Reviews of Foreign Food Regulatory Systems: New Web-based Self-Reporting Tool

80 FR 9428 - Document Reviews of Foreign Food Regulatory Systems: New Web-based Self-Reporting Tool

DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service

Federal Register Volume 80, Issue 35 (February 23, 2015)

Page Range9428-9431
FR Document2015-03576

FSIS is making available to the public its new Web-based Self- Reporting Tool (SRT) that it will be sending to foreign countries to report information on their food regulatory systems for the purpose of establishing that the systems are, or continue to be, equivalent to that of the United States' system. The Agency will send a letter to foreign countries with instructions on how to access and use the Web- based SRT. FSIS is also responding to the comments on its document review process for determining and verifying equivalence that the Agency received in response to the Federal Register notice that it published on January 25, 2013, on the use of the SRT. FSIS evaluates the information provided in the SRT and uses it, along with the results of on-site systems audits and port-of-entry (POE) reinspections, to make a determination on equivalence.

Federal Register, Volume 80 Issue 35 (Monday, February 23, 2015)
[Federal Register Volume 80, Number 35 (Monday, February 23, 2015)]
[Notices]
[Pages 9428-9431]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03576]


========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

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Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / 
Notices

[[Page 9428]]



DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

[Docket No. FSIS-2014-0039]


Document Reviews of Foreign Food Regulatory Systems: New Web-
based Self-Reporting Tool

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Response to comments; notice of availability.

-----------------------------------------------------------------------

SUMMARY: FSIS is making available to the public its new Web-based Self-
Reporting Tool (SRT) that it will be sending to foreign countries to 
report information on their food regulatory systems for the purpose of 
establishing that the systems are, or continue to be, equivalent to 
that of the United States' system. The Agency will send a letter to 
foreign countries with instructions on how to access and use the Web-
based SRT. FSIS is also responding to the comments on its document 
review process for determining and verifying equivalence that the 
Agency received in response to the Federal Register notice that it 
published on January 25, 2013, on the use of the SRT. FSIS evaluates 
the information provided in the SRT and uses it, along with the results 
of on-site systems audits and port-of-entry (POE) reinspections, to 
make a determination on equivalence.

DATES: On February 17, 2015, FSIS will make available to the public the 
new Web-based SRT. To ensure that a complete and up-to-date SRT is 
being considered as part of FSIS's annual assessment of country 
performance, countries that are currently eligible to export meat, 
poultry, and egg products to the United States must submit their 
completed SRTs to FSIS before May 18 of 2015 and annually before May 18 
thereafter. FSIS will send SRTs to all countries currently eligible to 
export meat, poultry, and egg products to the United States on December 
1 of each year in the future.
    Countries applying for initial equivalence determinations after 
February 23, 2015 must submit their completed SRTs within one year of 
receiving the SRT.

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

SUPPLEMENTARY INFORMATION: 

Background

    In a notice published in the Federal Register of January 25, 2013 
(78 FR 5409) (hereafter ``the Federal Register notice''), FSIS 
described how it conducts ongoing equivalence verifications of the food 
regulatory systems of countries that export meat, poultry, or processed 
egg products to the United States. FSIS uses a three-part approach that 
includes (1) document reviews, (2) on-site system audits, and (3) POE 
reinspections. FSIS determines the scope and frequency of on-site 
systems audits based on its analysis of the results of its document 
reviews and ongoing assessment of a country's performance. This 
performance-based approach allows FSIS to direct its audit resources to 
foreign food regulatory systems that appear to pose a greater risk to 
public health than other foreign systems.
    FSIS invited interested persons to submit comments on its new 
methodology by March 26, 2013. FSIS received approximately 31 comments 
from foreign countries, trade consulting groups, consumer groups, 
private citizens, a trade association representing the meat industry, 
and a member of the U.S. Congress. Twelve of those comments concerned 
the Agency's document review process. In this notice, FSIS is 
responding only to the comments that it received on its document review 
process. A summary of comments on the Agency's document review process 
and the Agency's responses are below. The Agency will address the other 
comments in a future Federal Register document.
    On the basis of information provided by commenters, FSIS's 
experience in conducting document reviews, and the Agency's analysis of 
available SRT data, FSIS has decided to make two changes to its 
document review process. The changes are explained below and are 
discussed in more detail in the Agency's responses to comments.

Improvements to the Document Review Process

    A foreign country interested in exporting to the United States is 
required to submit information concerning its food regulatory system to 
FSIS (see 9 CFR 327.2(a)(2)(iii), 381.196(a)(2)(iii), and 590.910). As 
explained in the January 2013 Federal Register notice, FSIS uses the 
equivalence questionnaire, called the SRT, to collect this information 
for the Agency's document review of the food regulatory system of 
foreign countries that are listed in the regulations as eligible to 
export meat, poultry, or egg products to the United States and for 
countries interested in becoming eligible (78 FR 5411). The SRT is a 
repository for key documents about a foreign food safety inspection 
system (e.g., inspection system laws, regulations, and policy 
issuances) that FSIS uses, in addition to on-site audits, to verify 
whether the laws, regulations, and implementing policies of a foreign 
country establish an inspection system that is equivalent to the U.S. 
system. It also allows FSIS to evaluate whether a country maintains 
system effectiveness and to assess any impacts that an administrative 
or legislative change has had on a foreign food regulatory system. FSIS 
conducts a document review at least annually.
    The information in the SRT allows FSIS to conduct a comprehensive 
assessment of a foreign country's food safety regulatory system. These 
comprehensive assessments inform the Agency's determination of whether 
a country's system should be found equivalent and the country eligible 
to export product into the United States. FSIS also assesses 
information in the SRT on an ongoing basis to verify whether a country 
maintains equivalence.
    In the past, the SRT was available in a Microsoft Word format, and 
once completed by the country, it was submitted to FSIS along with 
corresponding supporting documentation either by mail or email 
communication. A PDF copy of the Microsoft Word version of the SRT is 
available on FSIS's Web site at: http://www.fsis.usda.gov/wps/wcm/
connect/

[[Page 9429]]

7893547e-d0d2-4fa9-a984-fdc17228bfcd/SRT.pdf?MOD=AJPERES. On February 
17, 2015, FSIS will launch a Web-based version of the SRT within its 
Public Health Information System (PHIS) to more efficiently capture up-
to-date information about foreign food regulatory systems. PHIS is a 
comprehensive Web-based data-analytics and inspection system that 
automates and replaces many of FSIS's paper-based processes.
    The Web-based SRT will be beneficial for countries exporting meat, 
poultry, and egg products to the United States; countries interested in 
exporting product to the United States and applying for equivalence; 
and FSIS personnel. With the Web-based SRT, countries can link 
supporting documentation to each question. With the Microsoft Word 
version, the supporting documentation is provided as a supplement to 
the SRT. As a result, during the review process, FSIS must sift through 
documents to match up information with the corresponding questions in 
the SRT. FSIS anticipates that use of the Web-based SRT will decrease 
the time it takes the Agency to review an SRT submission and thereby 
allow for a quicker response to an equivalence request.
    Using PHIS as a platform for the SRT allows for a more secure 
exchange of information between FSIS and foreign countries because 
countries will be accessing the SRT through a secure USDA Web site that 
requires a unique ID and password acquired through an authentication 
process. To guarantee that the security of the Web-based SRT in PHIS is 
maintained and to gain access to the system, each potential user will 
have to register for a USDA eAuthentication (eAuth) Level 2 account and 
complete the authentication process. FSIS will send a letter to foreign 
countries with instructions on obtaining an eAuth account and using the 
Web-based version of the SRT. FSIS strongly encourages countries to use 
the Web-based SRT. However, the use of the Web-based SRT is voluntary, 
and FSIS will continue to accept the current Microsoft Word version of 
the SRT. To ensure that the transition to the Web-based SRT is as 
seamless as possible, FSIS pre-entered into PHIS the SRT responses and 
supporting documentation that countries actively exporting meat, 
poultry, or egg products to the United States have provided to FSIS. 
FSIS requests that countries review the pre-entered responses for 
completeness and accuracy.
    In addition to a Web-based version of the SRT, foreign countries 
will note that the revised SRT asks fewer and more targeted questions 
necessary for FSIS to verify system equivalence. FSIS expects countries 
to answer all the targeted questions in the SRT to facilitate the 
review process. FSIS may not be able to make an equivalence 
determination without answers to all of these questions.
    The SRT also includes questions for FSIS to use in assessing how 
frequently to conduct on-site audits of the country. FSIS refers to 
these questions as level of advancement (LOA) questions. As explained 
in the Federal Register notice, the sum of the LOA responses is one of 
the factors that FSIS considers as part of an annual analysis of 
country performance to determine the frequency and scope of on-site 
audits (78 FR 5412). FSIS uses the results from the analysis to place 
exporting countries into one of three categories, based on food safety 
performance, with corresponding audit frequencies: Well-performing 
countries are to be audited every three years.
    Average-performing countries are to be audited every two years. 
Adequately-performing countries are to be audited every year. Thus, the 
completeness of a country's SRT contributes to FSIS's assessment of 
that country's performance and to FSIS's determination of the 
appropriate audit frequency for that country. Countries with incomplete 
SRTs will not be considered ``well-performing'' because they will not 
have provided the Agency enough information to give the Agency 
confidence in their food safety systems. FSIS will provide more 
information on LOAs in a subsequent Federal Register notice that 
addresses all comments received in the January 2013 Federal Register 
notice and provides additional updates on the FSIS equivalence 
determination process.
    To ensure that a complete and up-to-date SRT is being considered as 
part of FSIS's annual assessment of country performance, countries must 
submit their completed SRTs to FSIS before May 18, 2015, and on an 
annual basis moving forward. If a country submits partial or inaccurate 
information, FSIS personnel will follow up with additional questions 
until all outstanding issues are resolved. FSIS must have complete and 
accurate information to verify that the foreign country's food 
regulatory system is robust, transparent, and science-based. If a 
country does not provide FSIS with documentation showing its system is 
equivalent, or if it continues to submit inadequate documentation, FSIS 
will not have sufficient information to determine the viability of the 
food safety system and may have to pursue a series of actions directed 
at product presented for reinspection (e.g., intensified testing for 
microbial adulterants, indicator organisms, chemical residues, or 
species) to address the absence of a government-supplied explanation of 
inspection system controls. In addition, FSIS likely would begin 
refusing to list establishments newly certified by the foreign 
government, or to relist certified establishments, because of a lack of 
confidence in the government-supplied explanation of its inspection 
system. FSIS may conduct specially designed in-country audits to obtain 
information. FSIS may, within a reasonable period of time, refuse entry 
to products exported from that country. Finally, if it becomes 
necessary, FSIS will take steps to remove the country from the list of 
countries eligible to export meat, poultry, or processed egg products.
    Any country can apply for eligibility to export meat, poultry, or 
egg products to the United States. The application process begins with 
a letter to FSIS from a foreign country asking for consideration to 
export its products for sale in the United States. FSIS responds to 
these letters with a standard package that contains information on the 
SRT and information on gaining eAuthentication. More information on how 
to apply for initial equivalence is available on FSIS's Web site at: 
http://www.fsis.usda.gov/wps/portal/fsis/topics/international-affairs/importing-products/equivalence/equivalence-process-apply-for-initial-equivalence.
    FSIS asks that a foreign country applying for initial equivalence 
submit a complete SRT to FSIS in PHIS within one year of receiving the 
questionnaire. If FSIS needs additional information, or if FSIS's 
regulations change, the Agency will request that the country update its 
SRT to provide additional information to demonstrate that the country 
has an equivalent food regulatory system to the United States' system. 
If FSIS's document review supports that the foreign country's food 
regulatory system may be equivalent to the United States' system, the 
Agency will conduct an on-site audit.
    However, if a foreign government applying for initial equivalence 
does not submit a complete SRT or fails to respond to additional 
requests for information within one year of receiving the SRT, FSIS 
will not be able to determine that the country maintains an inspection 
system equivalent to FSIS's system and will discontinue its analysis.
    FSIS will accept information submitted in any one of the three 
official languages of the World Trade Organization (WTO)--English, 
French, or Spanish. Please note that it may take

[[Page 9430]]

the Agency a longer period of time to review documents submitted in 
French or Spanish because the information will have to be translated.

Summary of Comments

    Comment: Several commenters were pleased to see improvements in the 
document review process; however, they asked FSIS to provide more 
guidance on how the SRT will be used. They also asked the Agency to 
share the content of the SRT with the public. A few commenters asked 
FSIS to clarify whether the document review process is limited to the 
information collected in the SRT, or if it also includes information 
from other sources. The commenters asked FSIS to explain how data 
outside the SRT would be used in the document review process, how the 
Agency would validate the quality of data, and how often FSIS would 
collect and use the data. One commenter stated that both the National 
Advisory Committee on Meat and Poultry Inspection's (NACMPI's) 
recommendations and the Codex document cited in the Federal Register 
notice (78 FR 5409) support third-party audits as a means of informing 
importing countries about the knowledge, experience, and confidence of 
an exporting country's food regulatory system.
    Response: The SRT is used to inform a determination that a country 
has or has not met the United States' level of protection and is 
eligible to export product into the United States. It is reviewed on an 
ongoing basis to verify whether the country maintains equivalence. FSIS 
requires countries to update the SRT at least annually and as changes 
are made in the foreign country's food regulatory system.
    FSIS personnel may review outside information, such as third-party 
audit reports, in preparation for an on-site audit (see FSIS Notice 35-
14, Ongoing Foreign Equivalence Verification Audits). The outside 
information could affect the scope of an on-site audit.
    Comment: Two commenters were concerned about the amount of time it 
takes to complete the SRT. One commenter asked FSIS to reduce the 
number of questions in the SRT. Another commenter requested that FSIS 
limit the level of detail required for responses. The commenter stated 
that the SRT focuses too much on individual components of the foreign 
inspection system, rather than taking a more holistic approach to 
assessing whether defined food safety outcomes are met. The commenter 
recommended that FSIS focus more on an evaluation of whether food 
safety and suitability outcomes have been achieved rather than whether 
various activities and processes have been replicated. The commenter 
suggested that FSIS change the design of the SRT so that it is more 
like the ``outcome-focused'' design of the United States Food and Drug 
Administration's (FDA's) International Comparability Tool.
    Response: FSIS reduced the number of questions in the SRT to focus 
on those most necessary to determine or to verify whether a country's 
food regulatory system is equivalent and those necessary to help inform 
the necessary on-site audit frequency. In the past, the SRT included 
approximately 500 questions. The new, streamlined version has 
approximately 200 questions. Foreign countries may receive fewer 
questions depending on the number of classes of products produced.
    In addition, the Web-based version of the SRT is more accessible. 
Foreign countries will be able to log onto PHIS at any time to view and 
update their responses and supporting documentation. Countries will 
also be able to view the status of their individual SRT, as well as a 
date and time stamp for each status update.
    FDA's International Comparability Tool does not provide the 
information that FSIS needs to verify that a foreign country's food 
regulatory system is equivalent to FSIS's system. The SRT focuses on 
individual components of a foreign food regulatory system and compares 
them to components within FSIS's regulations because the Acts and 
regulations (9 CFR 372.2, 381.196, and 590.910) require that foreign 
countries maintain equivalent requirements to those that apply to 
United States domestic meat, poultry, and egg products.
    Comment: A few commenters stated that FSIS's review of information 
in the SRT should not be a substitute for on-site audits by FSIS 
because countries may not always report information fully or 
accurately. The commenters argued that FSIS will be forced to rely more 
heavily on self-reported data from countries, as well as POE 
reinspections, and that these data sources are not an adequate 
substitute for in-person inspection.
    Response: The SRT is not a substitute for on-site audits. The SRT 
is one of three components to FSIS's equivalence process. As mentioned 
above and in the January 2013 Federal Register notice, the SRT provides 
FSIS with initial information that is verified through periodic on-site 
audits and POE reinspections (78 FR 5411). FSIS will get more accurate 
information through the SRT that will better inform FSIS's audit 
scheduling. In addition, information from the SRT may be used to inform 
reinspection assignments. For example, based on information from the 
SRT, FSIS may perform targeted testing for residues or pathogens in 
product from certain countries.
    It should also be noted that every country now eligible to export 
meat, poultry, or egg products to the United States has a food 
inspection system that FSIS has determined to be equivalent to the FSIS 
domestic inspection system. FSIS is committed to protecting the health 
of U.S. consumers, and it will continue to make every effort to ensure 
that meat, poultry, and egg products imported into the United States 
are as safe as products produced in this country.

USDA Nondiscrimination 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.
    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: [email protected].
    Persons with disabilities who require alternative means for 
communication (Braille, large print, audiotape, etc.) should contact 
USDA's TARGET Center at (202) 720-2600 (voice and TDD).

Additional Public Notification

    Public awareness of all segments of rulemaking and policy 
development is important. Consequently, FSIS will announce this Federal 
Register publication on-line through the FSIS Web page located at: 
http://www.fsis.usda.gov/federal-register.
    FSIS also will make copies of this publication available through 
the FSIS Constituent Update, which is used to provide information 
regarding FSIS

[[Page 9431]]

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.

    Done in Washington, DC on: February 18, 2015.
Alfred V. Almanza,
Acting Administrator.
[FR Doc. 2015-03576 Filed 2-20-15; 8:45 am]
BILLING CODE 3410-DM-P



                                               9428

                                               Notices                                                                                                       Federal Register
                                                                                                                                                             Vol. 80, No. 35

                                                                                                                                                             Monday, February 23, 2015



                                               This section of the FEDERAL REGISTER                    United States on December 1 of each                   changes are explained below and are
                                               contains documents other than rules or                  year in the future.                                   discussed in more detail in the Agency’s
                                               proposed rules that are applicable to the                 Countries applying for initial                      responses to comments.
                                               public. Notices of hearings and investigations,         equivalence determinations after
                                               committee meetings, agency decisions and                                                                      Improvements to the Document Review
                                                                                                       February 23, 2015 must submit their
                                               rulings, delegations of authority, filing of                                                                  Process
                                                                                                       completed SRTs within one year of
                                               petitions and applications and agency
                                               statements of organization and functions are            receiving the SRT.                                       A foreign country interested in
                                               examples of documents appearing in this                 FOR FURTHER INFORMATION CONTACT: Dr.                  exporting to the United States is
                                               section.                                                Daniel L. Engeljohn, Assistant                        required to submit information
                                                                                                       Administrator, Office of Policy and                   concerning its food regulatory system to
                                                                                                       Program Development; Telephone: (202)                 FSIS (see 9 CFR 327.2(a)(2)(iii),
                                               DEPARTMENT OF AGRICULTURE                               205–0495.                                             381.196(a)(2)(iii), and 590.910). As
                                                                                                       SUPPLEMENTARY INFORMATION:                            explained in the January 2013 Federal
                                               Food Safety and Inspection Service                                                                            Register notice, FSIS uses the
                                                                                                       Background                                            equivalence questionnaire, called the
                                               [Docket No. FSIS–2014–0039]
                                                                                                          In a notice published in the Federal               SRT, to collect this information for the
                                               Document Reviews of Foreign Food                        Register of January 25, 2013 (78 FR                   Agency’s document review of the food
                                               Regulatory Systems: New Web-based                       5409) (hereafter ‘‘the Federal Register               regulatory system of foreign countries
                                               Self-Reporting Tool                                     notice’’), FSIS described how it                      that are listed in the regulations as
                                                                                                       conducts ongoing equivalence                          eligible to export meat, poultry, or egg
                                               AGENCY:  Food Safety and Inspection                     verifications of the food regulatory                  products to the United States and for
                                               Service, USDA.                                          systems of countries that export meat,                countries interested in becoming
                                               ACTION: Response to comments; notice                    poultry, or processed egg products to                 eligible (78 FR 5411). The SRT is a
                                               of availability.                                        the United States. FSIS uses a three-part             repository for key documents about a
                                                                                                       approach that includes (1) document                   foreign food safety inspection system
                                               SUMMARY:   FSIS is making available to                  reviews, (2) on-site system audits, and               (e.g., inspection system laws,
                                               the public its new Web-based Self-                      (3) POE reinspections. FSIS determines                regulations, and policy issuances) that
                                               Reporting Tool (SRT) that it will be                    the scope and frequency of on-site                    FSIS uses, in addition to on-site audits,
                                               sending to foreign countries to report                  systems audits based on its analysis of               to verify whether the laws, regulations,
                                               information on their food regulatory                    the results of its document reviews and               and implementing policies of a foreign
                                               systems for the purpose of establishing                 ongoing assessment of a country’s                     country establish an inspection system
                                               that the systems are, or continue to be,                performance. This performance-based                   that is equivalent to the U.S. system. It
                                               equivalent to that of the United States’                approach allows FSIS to direct its audit              also allows FSIS to evaluate whether a
                                               system. The Agency will send a letter to                resources to foreign food regulatory                  country maintains system effectiveness
                                               foreign countries with instructions on                  systems that appear to pose a greater                 and to assess any impacts that an
                                               how to access and use the Web-based                     risk to public health than other foreign              administrative or legislative change has
                                               SRT. FSIS is also responding to the                     systems.                                              had on a foreign food regulatory system.
                                               comments on its document review                            FSIS invited interested persons to                 FSIS conducts a document review at
                                               process for determining and verifying                   submit comments on its new                            least annually.
                                               equivalence that the Agency received in                 methodology by March 26, 2013. FSIS                      The information in the SRT allows
                                               response to the Federal Register notice                 received approximately 31 comments                    FSIS to conduct a comprehensive
                                               that it published on January 25, 2013,                  from foreign countries, trade consulting              assessment of a foreign country’s food
                                               on the use of the SRT. FSIS evaluates                   groups, consumer groups, private                      safety regulatory system. These
                                               the information provided in the SRT                     citizens, a trade association representing            comprehensive assessments inform the
                                               and uses it, along with the results of on-              the meat industry, and a member of the                Agency’s determination of whether a
                                               site systems audits and port-of-entry                   U.S. Congress. Twelve of those                        country’s system should be found
                                               (POE) reinspections, to make a                          comments concerned the Agency’s                       equivalent and the country eligible to
                                               determination on equivalence.                           document review process. In this notice,              export product into the United States.
                                               DATES: On February 17, 2015, FSIS will                  FSIS is responding only to the                        FSIS also assesses information in the
                                               make available to the public the new                    comments that it received on its                      SRT on an ongoing basis to verify
                                               Web-based SRT. To ensure that a                         document review process. A summary                    whether a country maintains
                                               complete and up-to-date SRT is being                    of comments on the Agency’s document                  equivalence.
                                               considered as part of FSIS’s annual                     review process and the Agency’s                          In the past, the SRT was available in
                                               assessment of country performance,                      responses are below. The Agency will                  a Microsoft Word format, and once
                                               countries that are currently eligible to                address the other comments in a future                completed by the country, it was
Rmajette on DSK2VPTVN1PROD with NOTICES




                                               export meat, poultry, and egg products                  Federal Register document.                            submitted to FSIS along with
                                               to the United States must submit their                     On the basis of information provided               corresponding supporting
                                               completed SRTs to FSIS before May 18                    by commenters, FSIS’s experience in                   documentation either by mail or email
                                               of 2015 and annually before May 18                      conducting document reviews, and the                  communication. A PDF copy of the
                                               thereafter. FSIS will send SRTs to all                  Agency’s analysis of available SRT data,              Microsoft Word version of the SRT is
                                               countries currently eligible to export                  FSIS has decided to make two changes                  available on FSIS’s Web site at: http://
                                               meat, poultry, and egg products to the                  to its document review process. The                   www.fsis.usda.gov/wps/wcm/connect/


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                                                                            Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Notices                                             9429

                                               7893547e-d0d2-4fa9-a984-                                the revised SRT asks fewer and more                   of actions directed at product presented
                                               fdc17228bfcd/SRT.pdf?MOD=AJPERES.                       targeted questions necessary for FSIS to              for reinspection (e.g., intensified testing
                                               On February 17, 2015, FSIS will launch                  verify system equivalence. FSIS expects               for microbial adulterants, indicator
                                               a Web-based version of the SRT within                   countries to answer all the targeted                  organisms, chemical residues, or
                                               its Public Health Information System                    questions in the SRT to facilitate the                species) to address the absence of a
                                               (PHIS) to more efficiently capture up-to-               review process. FSIS may not be able to               government-supplied explanation of
                                               date information about foreign food                     make an equivalence determination                     inspection system controls. In addition,
                                               regulatory systems. PHIS is a                           without answers to all of these                       FSIS likely would begin refusing to list
                                               comprehensive Web-based data-                           questions.                                            establishments newly certified by the
                                               analytics and inspection system that                       The SRT also includes questions for                foreign government, or to relist certified
                                               automates and replaces many of FSIS’s                   FSIS to use in assessing how frequently               establishments, because of a lack of
                                               paper-based processes.                                  to conduct on-site audits of the country.             confidence in the government-supplied
                                                  The Web-based SRT will be beneficial                 FSIS refers to these questions as level of            explanation of its inspection system.
                                               for countries exporting meat, poultry,                  advancement (LOA) questions. As                       FSIS may conduct specially designed
                                               and egg products to the United States;                  explained in the Federal Register                     in-country audits to obtain information.
                                               countries interested in exporting                       notice, the sum of the LOA responses is               FSIS may, within a reasonable period of
                                               product to the United States and                        one of the factors that FSIS considers as             time, refuse entry to products exported
                                               applying for equivalence; and FSIS                      part of an annual analysis of country                 from that country. Finally, if it becomes
                                               personnel. With the Web-based SRT,                      performance to determine the frequency                necessary, FSIS will take steps to
                                               countries can link supporting                           and scope of on-site audits (78 FR 5412).             remove the country from the list of
                                               documentation to each question. With                    FSIS uses the results from the analysis               countries eligible to export meat,
                                               the Microsoft Word version, the                         to place exporting countries into one of              poultry, or processed egg products.
                                               supporting documentation is provided                    three categories, based on food safety                   Any country can apply for eligibility
                                               as a supplement to the SRT. As a result,                performance, with corresponding audit                 to export meat, poultry, or egg products
                                               during the review process, FSIS must                    frequencies: Well-performing countries                to the United States. The application
                                               sift through documents to match up                      are to be audited every three years.                  process begins with a letter to FSIS from
                                               information with the corresponding                         Average-performing countries are to                a foreign country asking for
                                               questions in the SRT. FSIS anticipates                  be audited every two years. Adequately-               consideration to export its products for
                                               that use of the Web-based SRT will                      performing countries are to be audited                sale in the United States. FSIS responds
                                               decrease the time it takes the Agency to                every year. Thus, the completeness of a               to these letters with a standard package
                                               review an SRT submission and thereby                    country’s SRT contributes to FSIS’s                   that contains information on the SRT
                                               allow for a quicker response to an                      assessment of that country’s                          and information on gaining
                                               equivalence request.                                    performance and to FSIS’s                             eAuthentication. More information on
                                                  Using PHIS as a platform for the SRT                 determination of the appropriate audit                how to apply for initial equivalence is
                                               allows for a more secure exchange of                    frequency for that country. Countries                 available on FSIS’s Web site at: http://
                                               information between FSIS and foreign                    with incomplete SRTs will not be                      www.fsis.usda.gov/wps/portal/fsis/
                                               countries because countries will be                     considered ‘‘well-performing’’ because                topics/international-affairs/importing-
                                               accessing the SRT through a secure                      they will not have provided the Agency                products/equivalence/equivalence-
                                               USDA Web site that requires a unique                    enough information to give the Agency                 process-apply-for-initial-equivalence.
                                               ID and password acquired through an                     confidence in their food safety systems.                 FSIS asks that a foreign country
                                               authentication process. To guarantee                    FSIS will provide more information on                 applying for initial equivalence submit
                                               that the security of the Web-based SRT                  LOAs in a subsequent Federal Register                 a complete SRT to FSIS in PHIS within
                                               in PHIS is maintained and to gain access                notice that addresses all comments                    one year of receiving the questionnaire.
                                               to the system, each potential user will                 received in the January 2013 Federal                  If FSIS needs additional information, or
                                               have to register for a USDA                             Register notice and provides additional               if FSIS’s regulations change, the Agency
                                               eAuthentication (eAuth) Level 2                         updates on the FSIS equivalence                       will request that the country update its
                                               account and complete the                                determination process.                                SRT to provide additional information
                                               authentication process. FSIS will send a                   To ensure that a complete and up-to-               to demonstrate that the country has an
                                               letter to foreign countries with                        date SRT is being considered as part of               equivalent food regulatory system to the
                                               instructions on obtaining an eAuth                      FSIS’s annual assessment of country                   United States’ system. If FSIS’s
                                               account and using the Web-based                         performance, countries must submit                    document review supports that the
                                               version of the SRT. FSIS strongly                       their completed SRTs to FSIS before                   foreign country’s food regulatory system
                                               encourages countries to use the Web-                    May 18, 2015, and on an annual basis                  may be equivalent to the United States’
                                               based SRT. However, the use of the                      moving forward. If a country submits                  system, the Agency will conduct an on-
                                               Web-based SRT is voluntary, and FSIS                    partial or inaccurate information, FSIS               site audit.
                                               will continue to accept the current                     personnel will follow up with                            However, if a foreign government
                                               Microsoft Word version of the SRT. To                   additional questions until all                        applying for initial equivalence does not
                                               ensure that the transition to the Web-                  outstanding issues are resolved. FSIS                 submit a complete SRT or fails to
                                               based SRT is as seamless as possible,                   must have complete and accurate                       respond to additional requests for
                                               FSIS pre-entered into PHIS the SRT                      information to verify that the foreign                information within one year of receiving
                                               responses and supporting                                country’s food regulatory system is                   the SRT, FSIS will not be able to
                                               documentation that countries actively                   robust, transparent, and science-based.               determine that the country maintains an
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                                               exporting meat, poultry, or egg products                If a country does not provide FSIS with               inspection system equivalent to FSIS’s
                                               to the United States have provided to                   documentation showing its system is                   system and will discontinue its analysis.
                                               FSIS. FSIS requests that countries                      equivalent, or if it continues to submit                 FSIS will accept information
                                               review the pre-entered responses for                    inadequate documentation, FSIS will                   submitted in any one of the three
                                               completeness and accuracy.                              not have sufficient information to                    official languages of the World Trade
                                                  In addition to a Web-based version of                determine the viability of the food safety            Organization (WTO)—English, French,
                                               the SRT, foreign countries will note that               system and may have to pursue a series                or Spanish. Please note that it may take


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                                               9430                         Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Notices

                                               the Agency a longer period of time to                   have been achieved rather than whether                the SRT that will better inform FSIS’s
                                               review documents submitted in French                    various activities and processes have                 audit scheduling. In addition,
                                               or Spanish because the information will                 been replicated. The commenter                        information from the SRT may be used
                                               have to be translated.                                  suggested that FSIS change the design of              to inform reinspection assignments. For
                                                                                                       the SRT so that it is more like the                   example, based on information from the
                                               Summary of Comments
                                                                                                       ‘‘outcome-focused’’ design of the United              SRT, FSIS may perform targeted testing
                                                  Comment: Several commenters were                     States Food and Drug Administration’s                 for residues or pathogens in product
                                               pleased to see improvements in the                      (FDA’s) International Comparability                   from certain countries.
                                               document review process; however,                       Tool.                                                    It should also be noted that every
                                               they asked FSIS to provide more                            Response: FSIS reduced the number                  country now eligible to export meat,
                                               guidance on how the SRT will be used.                   of questions in the SRT to focus on                   poultry, or egg products to the United
                                               They also asked the Agency to share the                 those most necessary to determine or to               States has a food inspection system that
                                               content of the SRT with the public. A                   verify whether a country’s food                       FSIS has determined to be equivalent to
                                               few commenters asked FSIS to clarify                    regulatory system is equivalent and                   the FSIS domestic inspection system.
                                               whether the document review process is                  those necessary to help inform the                    FSIS is committed to protecting the
                                               limited to the information collected in                 necessary on-site audit frequency. In the             health of U.S. consumers, and it will
                                               the SRT, or if it also includes                         past, the SRT included approximately                  continue to make every effort to ensure
                                               information from other sources. The                     500 questions. The new, streamlined                   that meat, poultry, and egg products
                                               commenters asked FSIS to explain how                    version has approximately 200                         imported into the United States are as
                                               data outside the SRT would be used in                   questions. Foreign countries may                      safe as products produced in this
                                               the document review process, how the                    receive fewer questions depending on                  country.
                                               Agency would validate the quality of                    the number of classes of products
                                               data, and how often FSIS would collect                  produced.                                             USDA Nondiscrimination Statement
                                               and use the data. One commenter stated                     In addition, the Web-based version of                 No agency, officer, or employee of the
                                               that both the National Advisory                         the SRT is more accessible. Foreign                   USDA shall, on the grounds of race,
                                               Committee on Meat and Poultry                           countries will be able to log onto PHIS               color, national origin, religion, sex,
                                               Inspection’s (NACMPI’s)                                 at any time to view and update their                  gender identity, sexual orientation,
                                               recommendations and the Codex                           responses and supporting                              disability, age, marital status, family/
                                               document cited in the Federal Register                  documentation. Countries will also be                 parental status, income derived from a
                                               notice (78 FR 5409) support third-party                 able to view the status of their                      public assistance program, or political
                                               audits as a means of informing                          individual SRT, as well as a date and                 beliefs, exclude from participation in,
                                               importing countries about the                           time stamp for each status update.                    deny the benefits of, or subject to
                                               knowledge, experience, and confidence                      FDA’s International Comparability                  discrimination any person in the United
                                               of an exporting country’s food                          Tool does not provide the information                 States under any program or activity
                                               regulatory system.                                      that FSIS needs to verify that a foreign              conducted by the USDA.
                                                  Response: The SRT is used to inform                  country’s food regulatory system is                      To file a complaint of discrimination,
                                               a determination that a country has or                   equivalent to FSIS’s system. The SRT                  complete the USDA Program
                                               has not met the United States’ level of                 focuses on individual components of a                 Discrimination Complaint Form, which
                                               protection and is eligible to export                    foreign food regulatory system and                    may be accessed online at http://
                                               product into the United States. It is                   compares them to components within                    www.ocio.usda.gov/sites/default/files/
                                               reviewed on an ongoing basis to verify                  FSIS’s regulations because the Acts and               docs/2012/Complain_combined_6_8_
                                               whether the country maintains                           regulations (9 CFR 372.2, 381.196, and                12.pdf, or write a letter signed by you
                                               equivalence. FSIS requires countries to                 590.910) require that foreign countries               or your authorized representative.
                                               update the SRT at least annually and as                 maintain equivalent requirements to                      Send your completed complaint form
                                               changes are made in the foreign                         those that apply to United States                     or letter to USDA by mail, fax, or email:
                                               country’s food regulatory system.                       domestic meat, poultry, and egg                          Mail: U.S. Department of Agriculture,
                                                  FSIS personnel may review outside                    products.                                             Director, Office of Adjudication, 1400
                                               information, such as third-party audit                     Comment: A few commenters stated                   Independence Avenue SW.,
                                               reports, in preparation for an on-site                  that FSIS’s review of information in the              Washington, DC 20250–9410.
                                               audit (see FSIS Notice 35–14, Ongoing                   SRT should not be a substitute for on-                   Fax: (202) 690–7442.
                                               Foreign Equivalence Verification                        site audits by FSIS because countries                    Email: program.intake@usda.gov.
                                               Audits). The outside information could                  may not always report information fully                  Persons with disabilities who require
                                               affect the scope of an on-site audit.                   or accurately. The commenters argued                  alternative means for communication
                                                  Comment: Two commenters were                         that FSIS will be forced to rely more                 (Braille, large print, audiotape, etc.)
                                               concerned about the amount of time it                   heavily on self-reported data from                    should contact USDA’s TARGET Center
                                               takes to complete the SRT. One                          countries, as well as POE reinspections,              at (202) 720–2600 (voice and TDD).
                                               commenter asked FSIS to reduce the                      and that these data sources are not an
                                               number of questions in the SRT.                         adequate substitute for in-person                     Additional Public Notification
                                               Another commenter requested that FSIS                   inspection.                                             Public awareness of all segments of
                                               limit the level of detail required for                     Response: The SRT is not a substitute              rulemaking and policy development is
                                               responses. The commenter stated that                    for on-site audits. The SRT is one of                 important. Consequently, FSIS will
                                               the SRT focuses too much on individual                  three components to FSIS’s equivalence                announce this Federal Register
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                                               components of the foreign inspection                    process. As mentioned above and in the                publication on-line through the FSIS
                                               system, rather than taking a more                       January 2013 Federal Register notice,                 Web page located at: http://
                                               holistic approach to assessing whether                  the SRT provides FSIS with initial                    www.fsis.usda.gov/federal-register.
                                               defined food safety outcomes are met.                   information that is verified through                    FSIS also will make copies of this
                                               The commenter recommended that FSIS                     periodic on-site audits and POE                       publication available through the FSIS
                                               focus more on an evaluation of whether                  reinspections (78 FR 5411). FSIS will                 Constituent Update, which is used to
                                               food safety and suitability outcomes                    get more accurate information through                 provide information regarding FSIS


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                                                                            Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Notices                                             9431

                                               policies, procedures, regulations,                      National Forest OSV Designation Web                   February 27, 2015. The final rule states:
                                               Federal Register notices, FSIS public                   page: http://www.fs.fed.us/nepa/nepa_                 ‘‘Over-snow vehicle use on NFS roads,
                                               meetings, and other types of information                project_exp.php?project=45914.                        on NFS trails, and in areas on NFS lands
                                               that could affect or would be of interest               FOR FURTHER INFORMATION CONTACT:                      shall be designated by the Responsible
                                               to our constituents and stakeholders.                   Michael Woodbridge, Public Affairs                    Official on administrative units or
                                               The Update is available on the FSIS                     Officer, USDA Forest Service, Tahoe                   Ranger Districts, or parts of
                                               Web page. Through the Web page, FSIS                    National Forest, 631 Coyote Street,                   administrative units or Ranger Districts,
                                               is able to provide information to a much                Nevada City, CA 95959; phone 530–                     of the NFS where snowfall is adequate
                                               broader, more diverse audience. In                      478–6205; email mjwoodbridge@                         for that use to occur, and, if appropriate,
                                               addition, FSIS offers an email                          fs.fed.us. Hours for personal                         shall be designated by class of vehicle
                                               subscription service which provides                     communication at the Supervisor’s                     and time of year . . .’’ (36 CFR 212.81
                                               automatic and customized access to                      Office are between 8:00 a.m. and 4:30                 (a)). Further, under 36 CFR 261.14, it is
                                               selected food safety news and                           p.m. Pacific Time, Monday through                     prohibited to possess or operate an OSV
                                               information. This service is available at:              Friday.                                               on NFS lands in that administrative unit
                                               http://www.fsis.usda.gov/subscribe.                        Individuals with a hearing or speech               or Ranger District other than in
                                               Options range from recalls to export                    disability may dial 711 for                           accordance with those designations.
                                               information, regulations, directives, and               Telecommunication Relay Services.                     OSV designations made as a result of
                                               notices. Customers can add or delete                                                                          the analysis in this Environmental
                                                                                                       SUPPLEMENTARY INFORMATION:
                                               subscriptions themselves, and have the                                                                        Impact Statement would conform to the
                                                                                                          Snow Trail Grooming Program: For
                                               option to password protect their                                                                              final Subpart C of the Travel
                                                                                                       over 30 years, the Forest Service, Pacific
                                               accounts.                                                                                                     Management Rule.
                                                                                                       Southwest Region, in cooperation with
                                                 Done in Washington, DC on: February 18,               the California Department of Parks and                Purpose and Need for Action
                                               2015.                                                   Recreation Off-Highway Motor Vehicle
                                               Alfred V. Almanza,
                                                                                                                                                                One purpose of this project is to
                                                                                                       Recreation (OHMVR) Division has                       effectively manage OSV use on the
                                               Acting Administrator.                                   enhanced winter recreation, and more                  Tahoe National Forest to provide access,
                                               [FR Doc. 2015–03576 Filed 2–20–15; 8:45 am]             specifically snowmobiling recreation, by              ensure that OSV use occurs when there
                                               BILLING CODE 3410–DM–P                                  maintaining NFS trails (snow trails) by               is adequate snow, promote the safety of
                                                                                                       grooming snow for snowmobile use.                     all users, enhance public enjoyment,
                                                                                                       Most groomed snow trails are co-located               minimize impacts to natural and
                                               DEPARTMENT OF AGRICULTURE                               on underlying NFS roads. Some                         cultural resources, and minimize
                                                                                                       grooming occurs on county roads and                   conflicts among the various uses.
                                               Forest Service                                          closed snow-covered highways. Most                       There is a need to provide a
                                               Tahoe National Forest; California;                      grooming activities are currently funded              manageable, designated OSV system of
                                               Tahoe National Forest Over-Snow                         by the state off-highway vehicle trust                trails and areas within the Tahoe
                                               Vehicle (OSV) Use Designation                           fund.                                                 National Forest that is consistent with
                                               Environmental Impact Statement                             The Forest Service manages OSV use                 and achieves the purposes of the Forest
                                                                                                       on the Tahoe National Forest consistent               Service Travel Management Rule at 36
                                               AGENCY: Forest Service, USDA.                           with management direction contained                   CFR part 212. This action responds to
                                               ACTION:Notice of intent to prepare an                   in the Tahoe National Forest Land and                 direction provided by the Forest
                                               environmental impact statement.                         Resource Management Plan (Forest                      Service’s Travel Management Rule at 36
                                                                                                       Plan). The following summarizes                       CFR part 212 and Subpart C of the
                                               SUMMARY:   The Forest Service, U.S.                     current management of OSV use on                      Travel Management Rule.
                                               Department of Agriculture will prepare                  approximately 829,510 acres of NFS                       The existing system of OSV trails and
                                               an Environmental Impact Statement                       lands in the Tahoe National Forest:                   areas open for OSV use on the Tahoe
                                               (EIS) on a proposal to designate over-                     1. Approximately 236 miles of                      National Forest results from
                                               snow vehicle (OSV) use on National                      designated NFS OSV trails;                            implementation of Forest Plan
                                               Forest System (NFS) roads, NFS trails,                     2. Of the approximately 236 miles of               management direction for OSV use.
                                               and areas on NFS lands within the                       designated NFS OSV trails,                            Public OSV use of the majority of this
                                               Tahoe National Forest; and to identify                  approximately 188 miles are OSV trails                existing system continues to be
                                               snow trails for grooming within the                     available for grooming;                               manageable and consistent with current
                                               Tahoe National Forest. In addition, the                    3. Approximately 105 miles of NFS                  travel management regulations.
                                               Forest Service is proposing to establish                trail (Pacific Crest Trail) is closed to              Exceptions have been identified, based
                                               snow depths for OSV use and snow
                                                                                                       OSV use;                                              on internal and informal public input
                                               grooming.
                                                                                                          4. Approximately 48,756 acres of NFS               and the criteria listed at 36 CFR 212.55.
                                               DATES: Comments concerning the scope                    land is restricted to designated routes               These include needs to protect natural
                                               of the analysis must be received by                     only;                                                 resources, provide improved access for
                                               March 25, 2015. The draft                                  5. Approximately 1,408 acres of NFS                OSV users, provide improved quiet
                                               environmental impact statement is                       land is closed to OSV use from                        winter recreation opportunities and
                                               expected in January 2016, and the final                 September 15 through December 31.                     ensure consistency with overall
                                               environmental impact statement is                          6. Approximately 669,537 acres of                  management area direction contained in
                                               expected in August 2016.                                NFS land is open to off-trail cross-                  the Forest Plan. These exceptions
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                                               ADDRESSES: Send written comments to                     country OSV use; and                                  represent additional needs for change,
                                               Michael Woodbridge, on behalf of Tom                       7. Approximately 109,808 acres of                  and in these cases, changes are
                                               Quinn, Forest Supervisor, Tahoe                         NFS land is closed to OSV use.                        proposed to meet the overall objectives.
                                               National Forest, 631 Coyote Street,                        The final amended Subpart C of the                    The snow trail grooming analysis
                                               Nevada City, CA 95959. Comments may                     Travel Management Rule was issued on                  would also address the need to provide
                                               also be sent via facsimile to 530–478–                  January 28, 2015 (80 FR 4500, Jan. 28,                a high quality snowmobile trail system
                                               6109 or submitted on the Tahoe                          2015), and becomes effective on                       on the Tahoe National Forest that is


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Document Created: 2015-12-18 13:28:42
Document Modified: 2015-12-18 13:28:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionResponse to comments; notice of availability.
DatesOn February 17, 2015, FSIS will make available to the public the new Web-based SRT. To ensure that a complete and up-to-date SRT is being considered as part of FSIS's annual assessment of country performance, countries that are currently eligible to export meat, poultry, and egg products to the United States must submit their completed SRTs to FSIS before May 18 of 2015 and annually before May 18 thereafter. FSIS will send SRTs to all countries currently eligible to export meat, poultry, and egg products to the United States on December 1 of each year in the future.
ContactDr. Daniel L. Engeljohn, Assistant Administrator, Office of Policy and Program Development; Telephone: (202) 205-0495.
FR Citation80 FR 9428 

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