81_FR_21829 81 FR 21758 - Eligibility of Honduras To Export Poultry Products to the United States

81 FR 21758 - Eligibility of Honduras To Export Poultry Products to the United States

DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service

Federal Register Volume 81, Issue 71 (April 13, 2016)

Page Range21758-21762
FR Document2016-08478

The Food Safety and Inspection Service (FSIS) is proposing to add Honduras to the list of countries eligible to export poultry products to the United States. The FSIS review of Honduras' laws, regulations, and inspection system demonstrated that its poultry slaughter inspection system is equivalent to the system FSIS has established under the Poultry Products Inspection Act (PPIA) and its implementing regulations. At this time, because Honduras advised FSIS that it intends to export raw poultry products, such as whole carcasses, to the United States, FSIS has only assessed Honduras' poultry slaughter establishments. Thus, should this proposed rule become final, Honduras would only be eligible to export raw poultry products to the United States. Should Honduras express interest in exporting processed poultry product, such as cooked or canned product, to the United States, they would need to request an equivalence determination. Honduras would be required to submit additional records for FSIS to review and conduct an audit as appropriate. Under this proposal, slaughtered poultry or parts thereof produced in certified Honduran establishments would be eligible for export to the United States. All such products would be subject to re-inspection at United States ports of entry by FSIS inspectors.

Federal Register, Volume 81 Issue 71 (Wednesday, April 13, 2016)
[Federal Register Volume 81, Number 71 (Wednesday, April 13, 2016)]
[Proposed Rules]
[Pages 21758-21762]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08478]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 81, No. 71 / Wednesday, April 13, 2016 / 
Proposed Rules

[[Page 21758]]



DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Part 381

[Docket No. FSIS-2015-0016]
RIN 0583-AD58


Eligibility of Honduras To Export Poultry Products to the United 
States

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: The Food Safety and Inspection Service (FSIS) is proposing to 
add Honduras to the list of countries eligible to export poultry 
products to the United States. The FSIS review of Honduras' laws, 
regulations, and inspection system demonstrated that its poultry 
slaughter inspection system is equivalent to the system FSIS has 
established under the Poultry Products Inspection Act (PPIA) and its 
implementing regulations.
    At this time, because Honduras advised FSIS that it intends to 
export raw poultry products, such as whole carcasses, to the United 
States, FSIS has only assessed Honduras' poultry slaughter 
establishments. Thus, should this proposed rule become final, Honduras 
would only be eligible to export raw poultry products to the United 
States. Should Honduras express interest in exporting processed poultry 
product, such as cooked or canned product, to the United States, they 
would need to request an equivalence determination. Honduras would be 
required to submit additional records for FSIS to review and conduct an 
audit as appropriate.
    Under this proposal, slaughtered poultry or parts thereof produced 
in certified Honduran establishments would be eligible for export to 
the United States. All such products would be subject to re-inspection 
at United States ports of entry by FSIS inspectors.

DATES: Submit comments on or before June 13, 2016.

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 on this 
Web page 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, Docket 
Clerk, 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-2015-0016. 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 poultry products inspection 
regulations to add Honduras to the list of countries eligible to export 
poultry products to the United States (9 CFR 381.196(b)). Honduras is 
not currently listed as eligible to export poultry products to the 
United States. Honduras is currently eligible for the export of raw and 
processed meat products. If this proposed rule is finalized, 
establishments in Honduras will be eligible to export raw poultry to 
the United States. However, because of animal disease restrictions, 
Animal and Plant Health Inspection Service (APHIS) regulations restrict 
Honduras from shipping raw poultry product to the U.S. Newcastle 
disease (ND) is considered by APHIS to exist in all regions of the 
world except those listed in paragraph (a)(2) of 9 CFR 94.6. Because 
Honduras is not listed, the APHIS regulation restricts the importation 
of poultry carcasses, meat, parts or products of carcasses, and eggs 
(other than hatching eggs) of poultry, game birds, or other birds from 
Honduras. Honduras has requested APHIS' recognition of their ND status 
as ND free, and APHIS is conducting a review and evaluation. If APHIS 
determines that the request can be safely granted, it will state its 
intent and make its evaluation available for public comment through a 
document published in the Federal Register.
Statutory Basis for Proposed Action
    Section 17 of the PPIA (21 U.S.C. 466) prohibits importation into 
the United States of slaughtered poultry, or parts or products thereof, 
of any kind unless they are healthful, wholesome, fit for human food, 
not adulterated, and contain no dye, chemical, preservative, or 
ingredient that renders them unhealthful, unwholesome, adulterated, or 
unfit for human food. Under the PPIA and the regulations that implement 
it, poultry 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. Section 381.196 of Title 
9 of the Code of Federal Regulations (CFR) sets out the procedures by 
which foreign countries may become eligible to export poultry and 
poultry products to the United States.
    Section 381.196(a) requires a foreign country's poultry inspection 
system to include standards equivalent to those of the United States 
and to 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 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;

[[Page 21759]]

(3) direct and continuous official supervision of slaughtering of 
poultry and processing of poultry products 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 PPIA and its implementing regulations (9 CFR 
381.196(a)(2)(ii)).
    In addition to a foreign country's legal authority and regulations, 
the program itself must be equivalent to the United States. 
Specifically, the program organized and administered by the national 
government must impose requirements equivalent to those of the United 
States with respect to: (1) Organizational structure and staffing, so 
as to ensure uniform enforcement of the requisite laws and regulations 
in all certified establishments; (2) ultimate control and supervision 
by the national government 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 381.196(a)(2)(i)).
    The foreign country's inspection system must ensure that 
establishments preparing poultry or poultry products for export to the 
United States, and their products, comply with requirements equivalent 
to those of the PPIA and the regulations promulgated by FSIS under the 
authority of that statute. The foreign country certifies the 
appropriate establishments as having met the required standards and 
advises FSIS of those establishments that are certified or removed from 
certification. Before FSIS will grant approval to the country to export 
poultry or poultry products to the United States, FSIS must first 
determine that reliance can be placed on the certification of 
establishments by the foreign country.
    As indicated above, a foreign country's inspection system must be 
evaluated by FSIS before eligibility to export poultry 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. To help the 
country in organizing its material, FSIS provides the country with a 
series of questions asking for detailed information about the country's 
inspection practices and procedures in six areas or equivalence 
components: (1) Government Oversight, (2) Statutory Authority and Food 
Safety Regulations, (3) Sanitation, (4) Hazard Analysis and Critical 
Control Point (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 on-site review is scheduled using a multi-
disciplinary 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 PPIA and implementing regulations require that foreign 
countries be listed in the CFR as eligible to export poultry products 
to the United States. FSIS must engage in rulemaking to list a country 
as eligible. Countries found eligible to export poultry or poultry 
products to the United States are listed in the poultry inspection 
regulations at 9 CFR 381.196(b). Once listed, it is the responsibility 
of the eligible country to certify that establishments meet the 
requirements to export poultry or poultry products to the United States 
and to ensure that products from these establishments are safe, 
wholesome, and not misbranded. To verify that products imported into 
the United States are safe, wholesome, and properly labeled and 
packaged, FSIS re-inspects and randomly samples those products before 
they enter the United States commerce.

Evaluation of the Honduran Poultry Inspection System

    In 2003, the government of Honduras submitted an initial 
equivalence application and requested that FSIS conduct a review of 
Honduras' poultry slaughter inspection system to establish eligibility 
to export raw poultry products to the United States. FSIS conducted a 
document review of Honduras' poultry (slaughter) inspection system to 
determine whether that system was equivalent to that of the United 
States. Honduras only expressed interest in exporting raw poultry 
carcasses to the United States, and Honduras does not have a poultry 
processing establishment. Therefore, FSIS did not obtain documentation 
for an equivalence review of such a system. FSIS concluded on the basis 
of the review of Honduras' poultry slaughter system that Honduras' laws 
and regulations are equivalent to the Poultry Products Inspection Act 
(PPIA) and implementing regulations.
    Accordingly, FSIS proceeded with an initial on-site audit of 
Honduras' poultry slaughter system in November 2005, to verify whether 
Honduras' National Plant and Animal Health Service (SENASA), which is 
Honduras' central competent authority for food inspection, effectively 
implemented a poultry inspection system equivalent to that of the 
United States. The audit resulted in the identification of systemic 
deficiencies within the following three equivalence components: 
Government Oversight, Sanitation, and HACCP. The audit found that 
SENASA did not have adequate government oversight and administrative 
controls over the inspection system. Also SENASA did not properly stage 
the necessary number of post-mortem inspectors at the evisceration 
line. In addition, the audit found during pre-operational sanitation 
verification inspection, SENASA did not implement procedures to ensure 
all shackles checked in a 15 foot section were not free of protein 
residue, fat particles from the previous day's production and dried 
paint droplets. Likewise, the audit found that SENASA failed to verify 
whether establishments met HACCP requirements within the system. SENASA 
took corrective actions to address all of the audit findings, either at 
the time of the finding, or after the distribution of the Final Audit 
Report on March 7, 2006. FSIS reviewed the proffered corrective actions 
and determined that they would be sufficient to prevent re-occurrence.
    FSIS conducted a second on-site audit in June 2009, to verify 
whether all outstanding issues identified during the previous audit had 
been resolved. The 2009 audit verified that the implementation of 
Honduras' corrective actions to the previous audit findings were 
implemented as described and were working as intended.
    However, the 2009 audit resulted in the identification of systemic 
deficiencies that had not been identified in the previous audit. The 
deficiencies related to the equivalence components of Sanitation, 
HACCP, and Microbiological Testing Programs. Specifically, the 2009 
audit found that, with regard to Sanitation, SENASA did not implement 
procedures to verify

[[Page 21760]]

adequate sanitation programs. With regard to HACCP, SENASA did not 
implement procedures to verify establishments met HACCP requirements. 
Finally, with regard to Microbiological Testing Programs, SENASA did 
not provide adequate controls over the implementation of laboratory 
quality systems associated with microbiological testing of product 
which is intended for export to the U.S.
    After the 2009 on-site audit, Honduras developed a comprehensive 
corrective action plan to address the findings identified during the 
2009 on-site audit. Its corrective actions included implementing new 
regulations, procedures, measures, and verification activities to 
ensure uniformity in conducting official inspection activities. FSIS 
reviewed Honduras' corrective action plan and concluded that Honduras 
had satisfactorily addressed all audit findings.
    FSIS conducted a third on-site audit in September, 2014, to verify 
that Honduras had satisfactorily addressed all the findings of the 
November 2005 and June 2009 audits, and had met the FSIS criteria for 
all six equivalence components. The evaluation of all documentation 
provided by Honduras since the 2009 audit (corrective actions taken in 
response to the 2009 audit findings, regulatory updates, new 
performance standards, new microbiological laboratory procedures/
analyses) supported the decision to perform another audit. The auditor 
verified that all corrective actions to the 2009 audit findings were 
implemented as described, and working as intended. There were no new 
audit findings observed by the auditor during the 2014 on-site audit. 
The resolution of previous audit findings, and the absence of new audit 
findings supports the conclusion that the Honduran poultry regulatory 
system cumulatively achieves a level of protection equivalent to that 
provided by the United States' poultry inspection system.
    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 
tentatively concluded that, as implemented, Honduras' poultry 
inspection system (slaughter) is equivalent to the United States' 
poultry inspection system. The full report on Honduras' poultry 
inspection system (slaughter) can 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/foreign-audit-reports.
    At this time, Honduras intends to certify only one establishment as 
eligible to export product to the U.S. The establishment intends to 
export raw poultry product. Should this proposed rule become final, the 
government of Honduras must certify to FSIS those establishments that 
wish to export poultry products to the United States and that operate 
in accordance with requirements equivalent to that of the United States 
(9 CFR 381.196(a)). FSIS will verify that the establishments certified 
by Honduras' government are meeting the United States requirements 
through verification audits of Honduras' poultry inspection system.
    Although a foreign country may be listed in FSIS regulations as 
eligible to export poultry 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 the United States Department of 
Agriculture's Animal and Plant Health Inspection Service (APHIS) 
regulations, which also regulate the exportation of poultry products 
from foreign countries to the United States. At this time, APHIS does 
not allow Honduras to export raw poultry to the US because Honduras is 
not recognized by APHIS as a region free of Newcastle disease (ND).
    If this proposed rule is adopted and should APHIS allow Honduras to 
export raw poultry to the US in the future, all slaughtered poultry, or 
parts and products thereof, exported to the United States from Honduras 
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.
    In addition, FSIS will conduct other types of re-inspection 
activities, such as taking product samples for laboratory analysis for 
the detection 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 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 13563, and the Regulatory Flexibility Act

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This proposed rule has been designated a ``non-
significant'' regulatory action under section 3(f) of Executive Order 
12866. Accordingly, the proposed rule has not been reviewed by the 
Office of Management and Budget under Executive Order (E.O.) 12866.

Expected Cost of the Proposed Rule

    If this proposed rule is finalized, establishments in Honduras will 
be eligible to export raw poultry to the United States. However, 
because of animal disease restrictions, APHIS regulations currently 
prohibit Honduras from immediately shipping raw poultry product to the 
U.S. Honduras' establishments are currently eligible to export raw and 
processed beef and veal, raw and processed lamb and mutton, raw and 
processed goat as well as processed pork. According to data from the 
government of Honduras, if this proposed rule is finalized, Honduras 
intends to certify one establishment as eligible to export raw poultry 
to the United States.\1\ The expected export volume for this 
establishment for the first three years is 10,211 Metric Tons (MT). 
This is expected to increase to 11,231 MT in year four and 12,355 MT in 
year five.\2\
---------------------------------------------------------------------------

    \1\ Honduras currently has only two establishments certified for 
meat exports to the United States. Therefore, it is unlikely we will 
see a significant increase in the number of establishments eligible 
to export poultry from Honduras.
    \2\ Source: Correspondence with the Government of Honduras.
---------------------------------------------------------------------------

    The U.S. poultry industry is one of the most competitive 
agricultural industries in the world. U.S. establishments slaughtered 
17.9 million MT of young chickens in 2014.\3\ Approximately 3.0 million 
MT of young chickens slaughtered in the U.S. were exported in 2014. 
U.S. exports of young chicken comprised 31 percent of the

[[Page 21761]]

market share among major traders in 2014.\4\
---------------------------------------------------------------------------

    \3\ Source: FSIS's Public Health Information System (PHIS)
    \4\ USDA Foreign Agricultural Service. (October 2014). Livestock 
and Poultry: World Markets and Trade. Washington, DC. http://apps.fas.usda.gov/psdonline/circulars/livetock_poultry.pdf.
---------------------------------------------------------------------------

    The importation of poultry products from Honduras is expected to 
have a minimal impact on the United States poultry market. Should the 
proposed rule become final, FSIS estimates Honduras' exports would 
comprise 0.6 percent (10,211 MT from Honduras compared to a U.S. 
slaughter volume of 17.9 million MT in 2014) of the United States 
market annually the first three years. FSIS estimates Honduras' exports 
would continue to comprise 0.6 percent of the United States market the 
fourth year and increase 0.7 percent the fifth year. FSIS projects that 
Honduras would not alter the United States poultry supply and would not 
have an impact on domestic poultry prices. Therefore, FSIS projects 
that establishments in the U.S. would not see the negative effects that 
could come from a decrease in price as a result of increased 
competition.
    Companies based in Honduras that export to the United States or 
U.S. companies that export products from Honduras to the U.S. would 
incur standard costs such as export fees and freight and insurance 
costs. However, those companies would be willing to bear these costs 
because of the expected benefits associated with selling their products 
to the U.S.

Expected Benefits of the Proposed Rule

    Should this proposed rule become final, we would see an increase in 
trade between Honduras and the United States. The volume of poultry 
exported from Honduras is likely to be small and is expected to have 
little to no effect on U.S. poultry supplies or prices. Therefore, 
consumers will not benefit from a decrease in price that would result 
from increased competition. However, Latin American preferences for 
dark meat compliment American preferences for white meat. Therefore, 
Honduras' establishments will benefit if they export surplus white meat 
to the United States. While the export of white meat from Honduras may 
be minimal compared to overall U.S. consumption, these exports may be 
significant enough in the long run to have an effect on domestic prices 
in Honduras.\5\
---------------------------------------------------------------------------

    \5\ Haley, Mildred M. (May 2001). Changing Consumer Demand for 
Meat: The U.S. Example, 1970-2000. In A. Regmi, Changing Structure 
of Global Food Consumption and Trade (pp.41-48). (Economic Research 
Service Outlook No. WRS-01-1) Washington, DC.
---------------------------------------------------------------------------

    In addition, the Dominican Republic-Central America-United States 
Free Trade Agreement (CAFTA-DR), implemented in 2006, sought to level 
the playing field and increase trade between the United States and the 
six CAFTA-DR trading partners, including Honduras.\6\ If this proposed 
rule is finalized, we would see a fulfillment of those objectives, 
benefiting U.S. and Honduras' firms and consumers, especially within 
the agricultural sector. Providing market access in the U.S. to 
Honduras' establishments ensures similar access will be given to U.S. 
firms. American firms have already benefited from CAFTA-DR, with 
agricultural exports (including wheat, live animals and red meat) to 
Honduras nearly doubling (97 percent) between 2006 and 2014 and is 
expected to rise even further in the future.
---------------------------------------------------------------------------

    \6\ United States Department of Agriculture. FACT SHEET on 
Dominican Republic-Central America-United States Free Trade 
Agreement (Release No. 0237.08). Retrieved on March 18, 2015 from 
http://www.usda.gov/wps/portal/usda/usdamediafb?contentid=2008/09/0237.xml&printable=true&contentidonly=true.
---------------------------------------------------------------------------

Regulatory Flexibility Act Assessment

    The FSIS Administrator has made a preliminary determination that 
this proposed rule will not have a significant economic impact on a 
substantial number of small entities in the United States, as defined 
by the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) because, as 
stated above, the proposed rule would not have a significant effect on 
an U.S. establishments.

Paperwork Reduction Act

    No new paperwork requirements are associated with this proposed 
rule. Foreign countries wanting to export poultry and poultry 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 Honduras 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 0583-0153. The 
proposed rule contains no other paperwork requirements.

E-Government Act

    FSIS and the U.S. Department of Agriculture (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

    Public awareness of all segments of rulemaking and policy 
development is important. Consequently, FSIS will announce this Federal 
Register publication and officially notify the World Trade 
Organization's Committee on Sanitary and Phytosanitary Measures (WTO/
SPS Committee) in Geneva, Switzerland, of this proposal 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 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:

[[Page 21762]]

    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).

List of Subjects in 9 CFR Part 381

    Imported products.

    For the reasons set out in the preamble, FSIS is proposing to amend 
9 CFR part 381 as follows:

PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS

0
1. The authority citation for part 381 continues to read as follows:

    Authority:  7 U.S.C. 138f, 450; 21 U.S.C. 451-470; 7 CFR 2.7, 
2.18, 2.53.


Sec.  381.196  [Amended]

0
2. Section 381.196 is amended in paragraph (b) by adding ``Honduras'' 
in alphabetical order to the list of countries.

    Done at Washington, DC, on: April 8, 2016.
Alfred V. Almanza,
Acting Administrator.
[FR Doc. 2016-08478 Filed 4-12-16; 8:45 am]
 BILLING CODE 3410-DM-P



                                                    21758

                                                    Proposed Rules                                                                                                 Federal Register
                                                                                                                                                                   Vol. 81, No. 71

                                                                                                                                                                   Wednesday, April 13, 2016



                                                    This section of the FEDERAL REGISTER                    ADDRESSES:    FSIS invites interested                  Plant Health Inspection Service (APHIS)
                                                    contains notices to the public of the proposed          persons to submit comments on this                     regulations restrict Honduras from
                                                    issuance of rules and regulations. The                  notice. Comments may be submitted by                   shipping raw poultry product to the
                                                    purpose of these notices is to give interested          one of the following methods:                          U.S. Newcastle disease (ND) is
                                                    persons an opportunity to participate in the               • Federal eRulemaking Portal: This                  considered by APHIS to exist in all
                                                    rule making prior to the adoption of the final
                                                    rules.
                                                                                                            Web site provides the ability to type                  regions of the world except those listed
                                                                                                            short comments directly into the                       in paragraph (a)(2) of 9 CFR 94.6.
                                                                                                            comment field on this Web page or                      Because Honduras is not listed, the
                                                    DEPARTMENT OF AGRICULTURE                               attach a file for lengthier comments. Go               APHIS regulation restricts the
                                                                                                            to http://www.regulations.gov. Follow                  importation of poultry carcasses, meat,
                                                    Food Safety and Inspection Service                      the on-line instructions at that site for              parts or products of carcasses, and eggs
                                                                                                            submitting comments.                                   (other than hatching eggs) of poultry,
                                                    9 CFR Part 381                                             • Mail, including CD–ROMs, etc.:                    game birds, or other birds from
                                                                                                            Send to Docket Clerk, U.S. Department                  Honduras. Honduras has requested
                                                    [Docket No. FSIS–2015–0016]
                                                                                                            of Agriculture, Food Safety and                        APHIS’ recognition of their ND status as
                                                    RIN 0583–AD58                                           Inspection Service, Docket Clerk,                      ND free, and APHIS is conducting a
                                                                                                            Patriots Plaza 3, 1400 Independence                    review and evaluation. If APHIS
                                                    Eligibility of Honduras To Export                       Avenue SW., Mailstop 3782, Room 8–                     determines that the request can be safely
                                                    Poultry Products to the United States                   163A, Washington, DC 20250–3700.                       granted, it will state its intent and make
                                                    AGENCY:  Food Safety and Inspection                        • Hand- or courier-delivered                        its evaluation available for public
                                                    Service, USDA.                                          submittals: Deliver to Patriots Plaza 3,               comment through a document
                                                                                                            355 E Street SW., Room 8–163A,                         published in the Federal Register.
                                                    ACTION: Proposed rule.
                                                                                                            Washington, DC 20250–3700.
                                                                                                               Instructions: All items submitted by                Statutory Basis for Proposed Action
                                                    SUMMARY:    The Food Safety and
                                                    Inspection Service (FSIS) is proposing                  mail or electronic mail must include the                  Section 17 of the PPIA (21 U.S.C. 466)
                                                    to add Honduras to the list of countries                Agency name and docket number FSIS–                    prohibits importation into the United
                                                    eligible to export poultry products to the              2015–0016. Comments received in                        States of slaughtered poultry, or parts or
                                                    United States. The FSIS review of                       response to this docket will be made                   products thereof, of any kind unless
                                                    Honduras’ laws, regulations, and                        available for public inspection and                    they are healthful, wholesome, fit for
                                                    inspection system demonstrated that its                 posted without change, including any                   human food, not adulterated, and
                                                    poultry slaughter inspection system is                  personal information, to http://                       contain no dye, chemical, preservative,
                                                    equivalent to the system FSIS has                       www.regulations.gov.                                   or ingredient that renders them
                                                    established under the Poultry Products                     Docket: For access to background                    unhealthful, unwholesome, adulterated,
                                                    Inspection Act (PPIA) and its                           documents or comments received, go to                  or unfit for human food. Under the PPIA
                                                    implementing regulations.                               the FSIS Docket Room at Patriots Plaza                 and the regulations that implement it,
                                                       At this time, because Honduras                       3, 355 E Street SW., Room 8–164,                       poultry products imported into the
                                                    advised FSIS that it intends to export                  Washington, DC 20250–3700 between                      United States must be produced under
                                                    raw poultry products, such as whole                     8:00 a.m. and 4:30 p.m., Monday                        standards for safety, wholesomeness,
                                                    carcasses, to the United States, FSIS has               through Friday.                                        and labeling accuracy that are
                                                    only assessed Honduras’ poultry                         FOR FURTHER INFORMATION CONTACT: Dr.                   equivalent to those of the United States.
                                                    slaughter establishments. Thus, should                  Daniel Engeljohn, Assistant                            Section 381.196 of Title 9 of the Code
                                                    this proposed rule become final,                        Administrator, Office of Policy and                    of Federal Regulations (CFR) sets out the
                                                    Honduras would only be eligible to                      Program Development; Telephone: (202)                  procedures by which foreign countries
                                                    export raw poultry products to the                      205–0495.                                              may become eligible to export poultry
                                                    United States. Should Honduras express                  SUPPLEMENTARY INFORMATION:                             and poultry products to the United
                                                    interest in exporting processed poultry                                                                        States.
                                                    product, such as cooked or canned                       Background                                                Section 381.196(a) requires a foreign
                                                    product, to the United States, they                        FSIS is proposing to amend its                      country’s poultry inspection system to
                                                    would need to request an equivalence                    poultry products inspection regulations                include standards equivalent to those of
                                                    determination. Honduras would be                        to add Honduras to the list of countries               the United States and to provide legal
                                                    required to submit additional records                   eligible to export poultry products to the             authority for the inspection system and
                                                    for FSIS to review and conduct an audit                 United States (9 CFR 381.196(b)).                      its implementing regulations that is
                                                    as appropriate.                                         Honduras is not currently listed as                    equivalent to that of the United States.
                                                       Under this proposal, slaughtered                     eligible to export poultry products to the             Specifically, a country’s legal authority
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    poultry or parts thereof produced in                    United States. Honduras is currently                   and regulations must impose
                                                    certified Honduran establishments                       eligible for the export of raw and                     requirements equivalent to those of the
                                                    would be eligible for export to the                     processed meat products. If this                       United States with respect to: (1) Ante-
                                                    United States. All such products would                  proposed rule is finalized,                            mortem and post-mortem inspection by,
                                                    be subject to re-inspection at United                   establishments in Honduras will be                     or under the direct supervision of, a
                                                    States ports of entry by FSIS inspectors.               eligible to export raw poultry to the                  veterinarian; (2) official controls by the
                                                    DATES: Submit comments on or before                     United States. However, because of                     national government over establishment
                                                    June 13, 2016.                                          animal disease restrictions, Animal and                construction, facilities, and equipment;


                                               VerDate Sep<11>2014   14:59 Apr 12, 2016   Jkt 238001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\13APP1.SGM   13APP1


                                                                           Federal Register / Vol. 81, No. 71 / Wednesday, April 13, 2016 / Proposed Rules                                            21759

                                                    (3) direct and continuous official                      materials used by the country to effect                carcasses to the United States, and
                                                    supervision of slaughtering of poultry                  its inspection program. To help the                    Honduras does not have a poultry
                                                    and processing of poultry products by                   country in organizing its material, FSIS               processing establishment. Therefore,
                                                    inspectors to ensure that product is not                provides the country with a series of                  FSIS did not obtain documentation for
                                                    adulterated or misbranded; (4) complete                 questions asking for detailed                          an equivalence review of such a system.
                                                    separation of establishments certified to               information about the country’s                        FSIS concluded on the basis of the
                                                    export from those not certified; (5)                    inspection practices and procedures in                 review of Honduras’ poultry slaughter
                                                    maintenance of a single standard of                     six areas or equivalence components: (1)               system that Honduras’ laws and
                                                    inspection and sanitation throughout                    Government Oversight, (2) Statutory                    regulations are equivalent to the Poultry
                                                    certified establishments; (6)                           Authority and Food Safety Regulations,                 Products Inspection Act (PPIA) and
                                                    requirements for sanitation and for                     (3) Sanitation, (4) Hazard Analysis and                implementing regulations.
                                                    sanitary handling of product at                         Critical Control Point (HACCP) Systems,                   Accordingly, FSIS proceeded with an
                                                    establishments certified to export; (7)                 (5) Chemical Residue Testing Programs,                 initial on-site audit of Honduras’
                                                    official controls over condemned                        and (6) Microbiological Testing                        poultry slaughter system in November
                                                    product; (8) a Hazard Analysis and                      Programs. FSIS evaluates the                           2005, to verify whether Honduras’
                                                    Critical Control Point (HACCP) system;                  information submitted to verify that the               National Plant and Animal Health
                                                    and (9) any other requirements found in                 critical points in the six equivalence                 Service (SENASA), which is Honduras’
                                                    the PPIA and its implementing                           components are addressed satisfactorily                central competent authority for food
                                                    regulations (9 CFR 381.196(a)(2)(ii)).                  with respect to standards, activities,                 inspection, effectively implemented a
                                                       In addition to a foreign country’s legal             resources, and enforcement. If the                     poultry inspection system equivalent to
                                                    authority and regulations, the program                  document review is satisfactory, an on-                that of the United States. The audit
                                                    itself must be equivalent to the United                 site review is scheduled using a multi-                resulted in the identification of systemic
                                                    States. Specifically, the program                       disciplinary team to evaluate all aspects              deficiencies within the following three
                                                    organized and administered by the                       of the country’s inspection program.                   equivalence components: Government
                                                    national government must impose                         This comprehensive process is                          Oversight, Sanitation, and HACCP. The
                                                    requirements equivalent to those of the                 described more fully on the FSIS Web                   audit found that SENASA did not have
                                                    United States with respect to: (1)                      site at http://www.fsis.usda.gov/wps/                  adequate government oversight and
                                                    Organizational structure and staffing, so               portal/fsis/topics/international-affairs/              administrative controls over the
                                                    as to ensure uniform enforcement of the                 importing-products/equivalence/                        inspection system. Also SENASA did
                                                    requisite laws and regulations in all                   equivalence-process-overview.                          not properly stage the necessary number
                                                    certified establishments; (2) ultimate                     The PPIA and implementing                           of post-mortem inspectors at the
                                                    control and supervision by the national                 regulations require that foreign                       evisceration line. In addition, the audit
                                                    government over the official activities of              countries be listed in the CFR as eligible             found during pre-operational sanitation
                                                    employees or licensees; (3) qualified                   to export poultry products to the United               verification inspection, SENASA did
                                                    inspectors; (4) enforcement and                         States. FSIS must engage in rulemaking                 not implement procedures to ensure all
                                                    certification authority; (5)                            to list a country as eligible. Countries               shackles checked in a 15 foot section
                                                    administrative and technical support;                   found eligible to export poultry or                    were not free of protein residue, fat
                                                    (6) inspection, sanitation, quality,                    poultry products to the United States                  particles from the previous day’s
                                                    species verification, and residue                       are listed in the poultry inspection                   production and dried paint droplets.
                                                    standards; and (7) any other inspection                 regulations at 9 CFR 381.196(b). Once                  Likewise, the audit found that SENASA
                                                    requirements (9 CFR 381.196(a)(2)(i)).                  listed, it is the responsibility of the                failed to verify whether establishments
                                                       The foreign country’s inspection                     eligible country to certify that                       met HACCP requirements within the
                                                    system must ensure that establishments                  establishments meet the requirements to                system. SENASA took corrective actions
                                                    preparing poultry or poultry products                   export poultry or poultry products to                  to address all of the audit findings,
                                                    for export to the United States, and their              the United States and to ensure that                   either at the time of the finding, or after
                                                    products, comply with requirements                      products from these establishments are                 the distribution of the Final Audit
                                                    equivalent to those of the PPIA and the                 safe, wholesome, and not misbranded.                   Report on March 7, 2006. FSIS reviewed
                                                    regulations promulgated by FSIS under                   To verify that products imported into                  the proffered corrective actions and
                                                    the authority of that statute. The foreign              the United States are safe, wholesome,                 determined that they would be
                                                    country certifies the appropriate                       and properly labeled and packaged,                     sufficient to prevent re-occurrence.
                                                    establishments as having met the                        FSIS re-inspects and randomly samples                     FSIS conducted a second on-site audit
                                                    required standards and advises FSIS of                  those products before they enter the                   in June 2009, to verify whether all
                                                    those establishments that are certified or              United States commerce.                                outstanding issues identified during the
                                                    removed from certification. Before FSIS                                                                        previous audit had been resolved. The
                                                    will grant approval to the country to                   Evaluation of the Honduran Poultry                     2009 audit verified that the
                                                    export poultry or poultry products to                   Inspection System                                      implementation of Honduras’ corrective
                                                    the United States, FSIS must first                         In 2003, the government of Honduras                 actions to the previous audit findings
                                                    determine that reliance can be placed on                submitted an initial equivalence                       were implemented as described and
                                                    the certification of establishments by the              application and requested that FSIS                    were working as intended.
                                                    foreign country.                                        conduct a review of Honduras’ poultry                     However, the 2009 audit resulted in
                                                       As indicated above, a foreign                        slaughter inspection system to establish               the identification of systemic
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    country’s inspection system must be                     eligibility to export raw poultry                      deficiencies that had not been identified
                                                    evaluated by FSIS before eligibility to                 products to the United States. FSIS                    in the previous audit. The deficiencies
                                                    export poultry products to the United                   conducted a document review of                         related to the equivalence components
                                                    States can be granted. This evaluation                  Honduras’ poultry (slaughter)                          of Sanitation, HACCP, and
                                                    consists of two processes: A document                   inspection system to determine whether                 Microbiological Testing Programs.
                                                    review and an on-site review. The                       that system was equivalent to that of the              Specifically, the 2009 audit found that,
                                                    document review is an evaluation of the                 United States. Honduras only expressed                 with regard to Sanitation, SENASA did
                                                    laws, regulations, and other written                    interest in exporting raw poultry                      not implement procedures to verify


                                               VerDate Sep<11>2014   14:59 Apr 12, 2016   Jkt 238001   PO 00000   Frm 00002   Fmt 4702   Sfmt 4702   E:\FR\FM\13APP1.SGM   13APP1


                                                    21760                  Federal Register / Vol. 81, No. 71 / Wednesday, April 13, 2016 / Proposed Rules

                                                    adequate sanitation programs. With                      establishments/foreign-audit-reports/                  implementation-letter-to-importers/ct_
                                                    regard to HACCP, SENASA did not                         foreign-audit-reports.                                 index.
                                                    implement procedures to verify                             At this time, Honduras intends to
                                                                                                            certify only one establishment as                      Executive Order 12866 and 13563, and
                                                    establishments met HACCP
                                                                                                            eligible to export product to the U.S.                 the Regulatory Flexibility Act
                                                    requirements. Finally, with regard to
                                                    Microbiological Testing Programs,                       The establishment intends to export raw                   Executive Orders 12866 and 13563
                                                    SENASA did not provide adequate                         poultry product. Should this proposed                  direct agencies to assess all costs and
                                                    controls over the implementation of                     rule become final, the government of                   benefits of available regulatory
                                                    laboratory quality systems associated                   Honduras must certify to FSIS those                    alternatives and, if regulation is
                                                    with microbiological testing of product                 establishments that wish to export                     necessary, to select regulatory
                                                    which is intended for export to the U.S.                poultry products to the United States                  approaches that maximize net benefits
                                                       After the 2009 on-site audit, Honduras               and that operate in accordance with                    (including potential economic,
                                                    developed a comprehensive corrective                    requirements equivalent to that of the                 environmental, public health and safety
                                                    action plan to address the findings                     United States (9 CFR 381.196(a)). FSIS                 effects, distributive impacts, and
                                                    identified during the 2009 on-site audit.               will verify that the establishments                    equity). Executive Order 13563
                                                    Its corrective actions included                         certified by Honduras’ government are                  emphasizes the importance of
                                                    implementing new regulations,                           meeting the United States requirements                 quantifying both costs and benefits, of
                                                    procedures, measures, and verification                  through verification audits of Honduras’               reducing costs, of harmonizing rules,
                                                    activities to ensure uniformity in                      poultry inspection system.                             and of promoting flexibility. This
                                                    conducting official inspection activities.                 Although a foreign country may be                   proposed rule has been designated a
                                                    FSIS reviewed Honduras’ corrective                      listed in FSIS regulations as eligible to              ‘‘non-significant’’ regulatory action
                                                    action plan and concluded that                          export poultry to the United States, the               under section 3(f) of Executive Order
                                                    Honduras had satisfactorily addressed                   exporting country’s products must also                 12866. Accordingly, the proposed rule
                                                    all audit findings.                                     comply with all other applicable                       has not been reviewed by the Office of
                                                                                                            requirements of the United States. These               Management and Budget under
                                                       FSIS conducted a third on-site audit
                                                                                                            requirements include restrictions under                Executive Order (E.O.) 12866.
                                                    in September, 2014, to verify that
                                                                                                            9 CFR part 94 of the United States
                                                    Honduras had satisfactorily addressed                   Department of Agriculture’s Animal and                 Expected Cost of the Proposed Rule
                                                    all the findings of the November 2005                   Plant Health Inspection Service (APHIS)
                                                    and June 2009 audits, and had met the                                                                             If this proposed rule is finalized,
                                                                                                            regulations, which also regulate the                   establishments in Honduras will be
                                                    FSIS criteria for all six equivalence                   exportation of poultry products from
                                                    components. The evaluation of all                                                                              eligible to export raw poultry to the
                                                                                                            foreign countries to the United States.                United States. However, because of
                                                    documentation provided by Honduras                      At this time, APHIS does not allow
                                                    since the 2009 audit (corrective actions                                                                       animal disease restrictions, APHIS
                                                                                                            Honduras to export raw poultry to the                  regulations currently prohibit Honduras
                                                    taken in response to the 2009 audit                     US because Honduras is not recognized
                                                    findings, regulatory updates, new                                                                              from immediately shipping raw poultry
                                                                                                            by APHIS as a region free of Newcastle                 product to the U.S. Honduras’
                                                    performance standards, new                              disease (ND).
                                                    microbiological laboratory procedures/                                                                         establishments are currently eligible to
                                                                                                               If this proposed rule is adopted and                export raw and processed beef and veal,
                                                    analyses) supported the decision to                     should APHIS allow Honduras to export
                                                    perform another audit. The auditor                                                                             raw and processed lamb and mutton,
                                                                                                            raw poultry to the US in the future, all               raw and processed goat as well as
                                                    verified that all corrective actions to the             slaughtered poultry, or parts and
                                                    2009 audit findings were implemented                                                                           processed pork. According to data from
                                                                                                            products thereof, exported to the United               the government of Honduras, if this
                                                    as described, and working as intended.                  States from Honduras will be subject to
                                                    There were no new audit findings                                                                               proposed rule is finalized, Honduras
                                                                                                            re-inspection at the U.S. ports of entry               intends to certify one establishment as
                                                    observed by the auditor during the 2014                 for, but not limited to, transportation
                                                    on-site audit. The resolution of previous                                                                      eligible to export raw poultry to the
                                                                                                            damage, product and container defects,                 United States.1 The expected export
                                                    audit findings, and the absence of new                  labeling, proper certification, general
                                                    audit findings supports the conclusion                                                                         volume for this establishment for the
                                                                                                            condition, and accurate count.                         first three years is 10,211 Metric Tons
                                                    that the Honduran poultry regulatory                       In addition, FSIS will conduct other
                                                    system cumulatively achieves a level of                                                                        (MT). This is expected to increase to
                                                                                                            types of re-inspection activities, such as
                                                    protection equivalent to that provided                                                                         11,231 MT in year four and 12,355 MT
                                                                                                            taking product samples for laboratory
                                                    by the United States’ poultry inspection                                                                       in year five.2
                                                                                                            analysis for the detection of drug and                    The U.S. poultry industry is one of
                                                    system.                                                 chemical residues, pathogens, species,
                                                                                                                                                                   the most competitive agricultural
                                                       In summary, FSIS has completed the                   and product composition. Products that
                                                                                                                                                                   industries in the world. U.S.
                                                    document review, on-site audits, and                    pass re-inspection will be stamped with
                                                                                                                                                                   establishments slaughtered 17.9 million
                                                    verification of corrective actions as part              the official United States mark of
                                                                                                                                                                   MT of young chickens in 2014.3
                                                    of the equivalence process, and all                     inspection and allowed to enter United
                                                                                                                                                                   Approximately 3.0 million MT of young
                                                    outstanding issues have been resolved.                  States commerce. If they do not meet
                                                                                                                                                                   chickens slaughtered in the U.S. were
                                                    FSIS has tentatively concluded that, as                 United States requirements, they will be
                                                                                                                                                                   exported in 2014. U.S. exports of young
                                                    implemented, Honduras’ poultry                          refused entry and within 45 days must
                                                                                                                                                                   chicken comprised 31 percent of the
                                                    inspection system (slaughter) is                        be exported to the country of origin,
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    equivalent to the United States’ poultry                destroyed, or converted to animal food                   1 Honduras currently has only two establishments
                                                    inspection system. The full report on                   (subject to approval of FDA), depending                certified for meat exports to the United States.
                                                    Honduras’ poultry inspection system                     on the violation. The import re-                       Therefore, it is unlikely we will see a significant
                                                    (slaughter) can be found on the FSIS                    inspection activities can be found on the              increase in the number of establishments eligible to
                                                                                                                                                                   export poultry from Honduras.
                                                    Web site at http://www.fsis.usda.gov/                   FSIS Web site at http://                                 2 Source: Correspondence with the Government of
                                                    wps/portal/fsis/topics/international-                   www.fsis.usda.gov/wps/portal/fsis/                     Honduras.
                                                    affairs/importing-products/eligible-                    topics/international-affairs/importing-                  3 Source: FSIS’s Public Health Information

                                                    countries-products-foreign-                             products/phis-import-component/phis-                   System (PHIS)



                                               VerDate Sep<11>2014   14:59 Apr 12, 2016   Jkt 238001   PO 00000   Frm 00003   Fmt 4702   Sfmt 4702   E:\FR\FM\13APP1.SGM   13APP1


                                                                           Federal Register / Vol. 81, No. 71 / Wednesday, April 13, 2016 / Proposed Rules                                           21761

                                                    market share among major traders in                     implemented in 2006, sought to level                   increased opportunities for citizen
                                                    2014.4                                                  the playing field and increase trade                   access to Government information and
                                                       The importation of poultry products                  between the United States and the six                  services, and for other purposes.
                                                    from Honduras is expected to have a                     CAFTA–DR trading partners, including
                                                    minimal impact on the United States                                                                            Additional Public Notification
                                                                                                            Honduras.6 If this proposed rule is
                                                    poultry market. Should the proposed                     finalized, we would see a fulfillment of                  Public awareness of all segments of
                                                    rule become final, FSIS estimates                       those objectives, benefiting U.S. and                  rulemaking and policy development is
                                                    Honduras’ exports would comprise 0.6                    Honduras’ firms and consumers,                         important. Consequently, FSIS will
                                                    percent (10,211 MT from Honduras                        especially within the agricultural sector.             announce this Federal Register
                                                    compared to a U.S. slaughter volume of                  Providing market access in the U.S. to                 publication and officially notify the
                                                    17.9 million MT in 2014) of the United                  Honduras’ establishments ensures                       World Trade Organization’s Committee
                                                    States market annually the first three                  similar access will be given to U.S.                   on Sanitary and Phytosanitary Measures
                                                    years. FSIS estimates Honduras’ exports                 firms. American firms have already                     (WTO/SPS Committee) in Geneva,
                                                    would continue to comprise 0.6 percent                  benefited from CAFTA–DR, with                          Switzerland, of this proposal on-line
                                                    of the United States market the fourth                  agricultural exports (including wheat,                 through the FSIS Web page located at:
                                                    year and increase 0.7 percent the fifth                 live animals and red meat) to Honduras                 http://www.fsis.usda.gov/federal-
                                                    year. FSIS projects that Honduras would                 nearly doubling (97 percent) between                   register.
                                                    not alter the United States poultry                     2006 and 2014 and is expected to rise                     FSIS also will make copies of this
                                                    supply and would not have an impact                     even further in the future.                            publication available through the FSIS
                                                    on domestic poultry prices. Therefore,                                                                         Constituent Update, which is used to
                                                    FSIS projects that establishments in the                Regulatory Flexibility Act Assessment                  provide information regarding FSIS
                                                    U.S. would not see the negative effects                   The FSIS Administrator has made a                    policies, procedures, regulations,
                                                    that could come from a decrease in price                preliminary determination that this                    Federal Register notices, FSIS public
                                                    as a result of increased competition.                   proposed rule will not have a significant              meetings, and other types of information
                                                       Companies based in Honduras that                     economic impact on a substantial                       that could affect or would be of interest
                                                    export to the United States or U.S.                     number of small entities in the United                 to our constituents and stakeholders.
                                                    companies that export products from                     States, as defined by the Regulatory                   The Update is available on the FSIS
                                                    Honduras to the U.S. would incur                        Flexibility Act (5 U.S.C. 601 et seq.)                 Web page. Through the Web page, FSIS
                                                    standard costs such as export fees and                  because, as stated above, the proposed                 is able to provide information to a much
                                                    freight and insurance costs. However,                   rule would not have a significant effect               broader, more diverse audience. In
                                                    those companies would be willing to                     on an U.S. establishments.                             addition, FSIS offers an email
                                                    bear these costs because of the expected                                                                       subscription service which provides
                                                    benefits associated with selling their                  Paperwork Reduction Act                                automatic and customized access to
                                                    products to the U.S.                                      No new paperwork requirements are                    selected food safety news and
                                                    Expected Benefits of the Proposed Rule                  associated with this proposed rule.                    information. This service is available at:
                                                                                                            Foreign countries wanting to export                    http://www.fsis.usda.gov/subscribe.
                                                       Should this proposed rule become                     poultry and poultry products to the                    Options range from recalls to export
                                                    final, we would see an increase in trade                United States are required to provide                  information, regulations, directives, and
                                                    between Honduras and the United                         information to FSIS certifying that their              notices. Customers can add or delete
                                                    States. The volume of poultry exported                  inspection system provides standards                   subscriptions themselves, and have the
                                                    from Honduras is likely to be small and                 equivalent to those of the United States,              option to password protect their
                                                    is expected to have little to no effect on              and that the legal authority for the                   accounts.
                                                    U.S. poultry supplies or prices.                        system and their implementing
                                                    Therefore, consumers will not benefit                                                                          USDA Non-Discrimination Statement
                                                                                                            regulations are equivalent to those of the
                                                    from a decrease in price that would                     United States. FSIS provided Honduras                    No agency, officer, or employee of the
                                                    result from increased competition.                      with questionnaires asking for detailed                USDA shall, on the grounds of race,
                                                    However, Latin American preferences                     information about the country’s                        color, national origin, religion, sex,
                                                    for dark meat compliment American                       inspection practices and procedures to                 gender identity, sexual orientation,
                                                    preferences for white meat. Therefore,                  assist that country in organizing its                  disability, age, marital status, family/
                                                    Honduras’ establishments will benefit if                materials. This information collection                 parental status, income derived from a
                                                    they export surplus white meat to the                   was approved under OMB number                          public assistance program, or political
                                                    United States. While the export of white                0583–0153. The proposed rule contains                  beliefs, exclude from participation in,
                                                    meat from Honduras may be minimal                                                                              deny the benefits of, or subject to
                                                                                                            no other paperwork requirements.
                                                    compared to overall U.S. consumption,                                                                          discrimination any person in the United
                                                    these exports may be significant enough                 E-Government Act                                       States under any program or activity
                                                    in the long run to have an effect on                      FSIS and the U.S. Department of                      conducted by the USDA.
                                                    domestic prices in Honduras.5                           Agriculture (USDA) are committed to
                                                       In addition, the Dominican Republic-                                                                        How To File a Complaint of
                                                                                                            achieving the purposes of the E-
                                                    Central America-United States Free                                                                             Discrimination
                                                                                                            Government Act (44 U.S.C. 3601, et
                                                    Trade Agreement (CAFTA–DR),                             seq.) by, among other things, promoting                  To file a complaint of discrimination,
                                                                                                                                                                   complete the USDA Program
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                      4 USDA Foreign Agricultural Service. (October
                                                                                                            the use of the Internet and other
                                                                                                            information technologies and providing                 Discrimination Complaint Form, which
                                                    2014). Livestock and Poultry: World Markets and
                                                    Trade. Washington, DC. http://apps.fas.usda.gov/                                                               may be accessed online at http://
                                                    psdonline/circulars/livetock_poultry.pdf.                 6 United States Department of Agriculture. FACT      www.ocio.usda.gov/sites/default/files/
                                                      5 Haley, Mildred M. (May 2001). Changing              SHEET on Dominican Republic-Central America-           docs/2012/Complain_combined_6_8_
                                                    Consumer Demand for Meat: The U.S. Example,             United States Free Trade Agreement (Release No.        12.pdf, or write a letter signed by you
                                                    1970–2000. In A. Regmi, Changing Structure of           0237.08). Retrieved on March 18, 2015 from http://
                                                    Global Food Consumption and Trade (pp.41–48).           www.usda.gov/wps/portal/usda/                          or your authorized representative.
                                                    (Economic Research Service Outlook No. WRS–01–          usdamediafb?contentid=2008/09/                           Send your completed complaint form
                                                    1) Washington, DC.                                      0237.xml&printable=true&contentidonly=true.            or letter to USDA by mail, fax, or email:


                                               VerDate Sep<11>2014   14:59 Apr 12, 2016   Jkt 238001   PO 00000   Frm 00004   Fmt 4702   Sfmt 4702   E:\FR\FM\13APP1.SGM   13APP1


                                                    21762                  Federal Register / Vol. 81, No. 71 / Wednesday, April 13, 2016 / Proposed Rules

                                                       Mail: U.S. Department of Agriculture,                action revises the NPRM by adding, for                 except Federal holidays. The AD docket
                                                    Director, Office of Adjudication, 1400                  certain airplanes, a general visual                    contains this proposed AD, the
                                                    Independence Avenue SW.,                                inspection of the spray shield and                     regulatory evaluation, any comments
                                                    Washington, DC 20250–9410.                              related investigative and corrective                   received, and other information. The
                                                       Fax: (202) 690–7442.                                 actions if necessary. We are proposing                 street address for the Docket Office
                                                       Email: program.intake@usda.gov.                      this supplemental NPRM (SNPRM) to                      (phone: 800–647–5527) is in the
                                                       Persons with disabilities who require                prevent an uncontrolled water leak from                ADDRESSES section. Comments will be
                                                    alternative means for communication                     a defective potable water system                       available in the AD docket shortly after
                                                    (Braille, large print, audiotape, etc.),                coupling, which could cause the main                   receipt.
                                                    should contact USDA’s TARGET Center                     equipment center (MEC) line                            FOR FURTHER INFORMATION CONTACT:
                                                    at (202) 720–2600 (voice and TDD).                      replaceable units (LRUs) to become wet,                Stanley Chen, Aerospace Engineer,
                                                    List of Subjects in 9 CFR Part 381                      resulting in an electrical short and                   Cabin Safety and Environmental
                                                                                                            potential loss of several functions                    Systems Branch, ANM–150S, FAA,
                                                      Imported products.                                    essential for safe flight. Since these                 Seattle Aircraft Certification Office
                                                      For the reasons set out in the                        actions impose an additional burden                    (ACO), 1601 Lind Avenue SW., Renton,
                                                    preamble, FSIS is proposing to amend 9                  over that proposed in the NPRM, we are                 WA 98057–3356; phone: 425–917–6585;
                                                    CFR part 381 as follows:                                reopening the comment period to allow                  fax: 425–917–6590; email:
                                                                                                            the public the chance to comment on                    stanley.chen@faa.gov.
                                                    PART 381—POULTRY PRODUCTS                               these proposed changes.                                SUPPLEMENTARY INFORMATION:
                                                    INSPECTION REGULATIONS                                  DATES: We must receive comments on
                                                                                                                                                                   Comments Invited
                                                    ■ 1. The authority citation for part 381                this SNPRM by May 31, 2016.
                                                                                                                                                                     We invite you to send any written
                                                    continues to read as follows:                           ADDRESSES: You may send comments,
                                                                                                                                                                   relevant data, views, or arguments about
                                                                                                            using the procedures found in 14 CFR
                                                      Authority: 7 U.S.C. 138f, 450; 21 U.S.C.                                                                     this proposed AD. Send your comments
                                                                                                            11.43 and 11.45, by any of the following
                                                    451–470; 7 CFR 2.7, 2.18, 2.53.                                                                                to an address listed under the
                                                                                                            methods:
                                                                                                                                                                   ADDRESSES section. Include ‘‘Docket No.
                                                    § 381.196   [Amended]                                     • Federal eRulemaking Portal: Go to
                                                                                                                                                                   FAA–2014–0571; Directorate Identifier
                                                    ■ 2. Section 381.196 is amended in                      http://www.regulations.gov. Follow the
                                                                                                                                                                   2014–NM–059–AD’’ at the beginning of
                                                    paragraph (b) by adding ‘‘Honduras’’ in                 instructions for submitting comments.
                                                                                                                                                                   your comments. We specifically invite
                                                    alphabetical order to the list of                         • Fax: 202–493–2251.
                                                                                                                                                                   comments on the overall regulatory,
                                                    countries.                                                • Mail: U.S. Department of
                                                                                                                                                                   economic, environmental, and energy
                                                                                                            Transportation, Docket Operations, M–
                                                      Done at Washington, DC, on: April 8, 2016.                                                                   aspects of this proposed AD. We will
                                                                                                            30, West Building Ground Floor, Room                   consider all comments received by the
                                                    Alfred V. Almanza,                                      W12–140, 1200 New Jersey Avenue SE.,
                                                    Acting Administrator.                                                                                          closing date and may amend this
                                                                                                            Washington, DC 20590.                                  proposed AD because of those
                                                    [FR Doc. 2016–08478 Filed 4–12–16; 8:45 am]               • Hand Delivery: U.S. Department of                  comments.
                                                    BILLING CODE 3410–DM–P                                  Transportation, Docket Operations, M–                    We will post all comments we
                                                                                                            30, West Building Ground Floor, Room                   receive, without change, to http://
                                                                                                            W12–140, 1200 New Jersey Avenue SE.,                   www.regulations.gov, including any
                                                    DEPARTMENT OF TRANSPORTATION                            Washington, DC 20590, between 9 a.m.                   personal information you provide. We
                                                                                                            and 5 p.m., Monday through Friday,                     will also post a report summarizing each
                                                    Federal Aviation Administration                         except Federal holidays.                               substantive verbal contact we receive
                                                                                                              For service information identified in                about this proposed AD.
                                                    14 CFR Part 39                                          this NPRM, contact Boeing Commercial
                                                                                                            Airplanes, Attention: Data & Services                  Discussion
                                                    [Docket No. FAA–2014–0571; Directorate
                                                    Identifier 2014–NM–059–AD]                              Management, P.O. Box 3707, MC 2H–65,                     We issued an NPRM to amend 14 CFR
                                                                                                            Seattle, WA 98124–2207; telephone                      part 39 by adding an AD that would
                                                    RIN 2120–AA64                                           206–544–5000, extension 1; fax 206–                    apply to certain The Boeing Company
                                                    Airworthiness Directives; The Boeing                    766–5680; Internet https://                            Model 767–200, –300, and –400ER
                                                    Company Airplanes                                       www.myboeingfleet.com. You may view                    series airplanes. The NPRM published
                                                                                                            this referenced service information at                 in the Federal Register on August 14,
                                                    AGENCY:  Federal Aviation                               the FAA, Transport Airplane                            2014 (79 FR 47597) (‘‘the NPRM’’). The
                                                    Administration (FAA), DOT.                              Directorate, 1601 Lind Avenue SW.,                     NPRM proposed to require an
                                                    ACTION: Supplemental notice of                          Renton, WA. For information on the                     inspection for plastic couplings,
                                                    proposed rulemaking (NPRM);                             availability of this material at the FAA,              corrective actions if necessary, and
                                                    reopening of comment period.                            call 425–227–1221. It is also available                installation of new spray shrouds.
                                                                                                            on the internet at http://
                                                    SUMMARY:   We are revising an earlier                   www.regulations.gov by searching for                   Actions Since Previous NPRM Was
                                                    proposed airworthiness directive (AD)                   and locating Docket No. FAA–2014–                      Issued
                                                    for certain The Boeing Company Model                    0571.                                                    Since we issued the NPRM, Boeing
                                                    767–200, –300, and –400ER series                                                                               has issued Boeing Alert Service Bulletin
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    airplanes. The NPRM proposed an                         Examining the AD Docket                                767–38A0073, Revision 2, dated August
                                                    inspection for plastic couplings,                         You may examine the AD docket on                     10, 2015. Boeing Alert Service Bulletin
                                                    corrective actions if necessary, and                    the Internet at http://                                767–38A0073, Revision 2, dated August
                                                    installation of new spray shrouds. The                  www.regulations.gov by searching for                   10, 2015, adds, for certain airplanes, a
                                                    NPRM was prompted by a report of the                    and locating Docket No. FAA–2014–                      general visual inspection of the spray
                                                    engine indication and crew alerting                     0571; or in person at the Docket                       shield to determine if it has two slits
                                                    system (EICAS) display system                           Management Facility between 9 a.m.                     and is installed correctly, and related
                                                    malfunctioning during flight. This                      and 5 p.m., Monday through Friday,                     investigative and corrective actions if


                                               VerDate Sep<11>2014   14:59 Apr 12, 2016   Jkt 238001   PO 00000   Frm 00005   Fmt 4702   Sfmt 4702   E:\FR\FM\13APP1.SGM   13APP1



Document Created: 2016-04-13 03:10:37
Document Modified: 2016-04-13 03:10:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesSubmit comments on or before June 13, 2016.
ContactDr. Daniel Engeljohn, Assistant Administrator, Office of Policy and Program Development; Telephone: (202) 205-0495.
FR Citation81 FR 21758 
RIN Number0583-AD58

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR