82 FR 22609 - Changes to the Inspection Coverage in Official Establishments That Slaughter Fish of the Order Siluriformes

DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service

Federal Register Volume 82, Issue 94 (May 17, 2017)

Page Range		22609-22611
FR Document		2017-09993

The Food Safety and Inspection Service (FSIS) is announcing and requesting comment on its plan to adjust inspection coverage at official establishments that slaughter fish of the order Siluriformes, which include catfish, from all hours of operation to once per production shift.

Federal Register, Volume 82 Issue 94 (Wednesday, May 17, 2017)

[Federal Register Volume 82, Number 94 (Wednesday, May 17, 2017)]
[Rules and Regulations]
[Pages 22609-22611]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-09993]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Parts 300, 441, 530, 531, 532, 533, 534, 537, 539, 540, 541,
544, 548, 550, 552, 555, 557, 559, 560, and 561

[Docket No. FSIS-2017-0003]

Changes to the Inspection Coverage in Official Establishments
That Slaughter Fish of the Order Siluriformes

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Notification and request for comments.

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

SUMMARY: The Food Safety and Inspection Service (FSIS) is announcing
and requesting comment on its plan to adjust inspection coverage at
official establishments that slaughter fish of the order Siluriformes,
which include catfish, from all hours of operation to once per
production shift.

DATES: Submit comments on or before June 16, 2017.

ADDRESSES: FSIS invites interested persons to submit comments relevant
to adjusting inspection coverage as discussed and outlined in this
notification. Only comments addressing the scope of this notification
will be considered.
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 online instructions at that site for
submitting comments.
Mail, CD-ROMs: Send to Docket Clerk, U.S. Department of
Agriculture, Food Safety and Inspection Service, Patriots Plaza 3, 1400
Independence Avenue SW., Mailstop 3782, Room 8-163B, Washington, DC
20250-3700.
Hand- or courier-delivered submittals: Deliver to Patriots Plaza 3,
355 E Street

[[Page 22610]]

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-2017-0003. 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 to comments received,
go to the FSIS Docket Room at Patriots Plaza 3, 355 E Street SW., Room
164-A, Washington, DC 20250-3700 between 8:00 a.m. and 4:30 p.m.,
Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Rachel Edelstein, Deputy Assistant
Administrator, Office of Policy and Program Development; Telephone:
(202) 205-0495, or by Fax: (202) 720-2025.

SUPPLEMENTARY INFORMATION:

Background

On December 2, 2015, FSIS published the final rule, ``Mandatory
Inspection of Fish of the Order Siluriformes and Products Derived from
Such Fish,'' which amended its regulations to establish a mandatory
inspection program for fish of the order Siluriformes (80 FR 75590).
The final rule established regulations to implement the provisions of
the 2008 and 2014 Farm Bills, which amended the Federal Meat Inspection
Act (FMIA) to include all fish of the order Siluriformes as an amenable
species (21 U.S.C. 601(w)(2)) and provided for their inspection under
Section 606, ``Inspection and labeling of meat food products'' (21
U.S.C 606(b)). Fish of the order Siluriformes include, but are not
limited to, ``catfish'' (fish of the family Ictaluridae) and ``basa''
and ``swai'' (fish of the family Pangasiidae). For convenience, this
notification will use ``fish'' to mean all fish of the order
Siluriformes.
The 2008 and 2014 Farm Bills placed the authority for FSIS's
inspection of fish under Section 606 of the FMIA (21 U.S.C. 606(b)),
``Inspecting and labeling of meat food products.'' FSIS's longstanding
and well-known interpretation of Section 606 is that it only requires
inspection once per production shift. Further, the Farm Bills amended
the FMIA to add a new Section 625 (21 U.S.C. 625), which explicitly
excludes fish from the statutory provisions requiring ante-mortem and
post-mortem inspection and humane methods of slaughter (21 U.S.C. 603,
604, 605 and 610(b)). These requirements, again, not applicable to
inspection of fish, can only be implemented through inspection at all
times when an establishment is conducting slaughter operations.
Accordingly, FSIS does not believe that Congress intended for FSIS to
inspect the slaughter or slaughter and processing of fish during all
hours of an establishment's operations, but instead intended that FSIS
inspect fish establishments consistent with how FSIS inspects meat and
poultry processing establishments, at least once per production shift.
In the final rule discussion of inspection coverage at official
fish establishments, the Agency stated that upon initial implementation
of fish inspection on March 1, 2016, although not required by the FMIA,
it would assign inspection personnel during all hours of operation at
official establishments that kill live fish and at least quarterly at
processing-only establishments (80 FR 75606). This level of inspection
coverage was intended to provide an orderly transition from the FDA
regulatory model to the FSIS inspection model and to assist official
fish establishments in bringing their operations into full compliance
with the new regulations. Providing inspection coverage during all
hours of operation at official fish slaughter establishments also
assisted the Agency in gaining experience and insight into commercial
fish production in the United States, from the receiving of live fish
to the fabrication of fish products.
The Agency provided for an 18-month transitional period, from March
1, 2016, until September 1, 2017, during which it is exercising broad
enforcement discretion and taking enforcement actions when
establishments produce adulterated or misbranded product, or when there
is intimidation of or interference with FSIS personnel. In the final
rule, FSIS stated that, based on its findings during and after the 18-
month transitional period, it may adjust inspection frequency in
official fish slaughter establishments in the future, meaning that
although inspection would be provided when an establishment is
operational, it may not be during all hours of operation (80 FR 75606).
The Agency also stated that it would establish the criteria it would
follow in determining how inspection would be adjusted and make these
criteria available to the public. In addition, the Agency stated that,
at the end of the 18-month transitional period, inspection program
personnel would be assigned at least once per day per shift at
processing-only establishments.
FSIS is announcing that it has decided to adjust its inspection
coverage at official fish slaughter establishments, starting September
1, 2017, the date of full enforcement of the regulatory requirements
for fish, from all hours of operation to once per production shift. As
discussed below, this decision is based on the Agency's experience
inspecting fish slaughter establishments since implementing the
mandatory inspection program on March 1, 2016. As discussed in the
final rule, on September 1, 2017, inspection program personnel will be
assigned at least once per day per shift at processing-only
establishments (80 FR 75607).

Fish Slaughter Establishment Operations

At this time, there are 16 official fish slaughter establishments
that receive inspection during all hours of operation. All of these
establishments receive live fish that are subsequently slaughtered and
further processed. The FSIS definition of ``slaughter,'' with respect
to fish, is the ``intentional killing under controlled conditions'' (9
CFR 531.1)). ``Further processing'' is defined as ``smoking, cooking,
canning, curing, refining, or rendering,'' (9 CFR 531.1) and includes
processes such as cutting and packaging. FSIS defined the terms
``slaughter'' and ``further processing,'' for fish based on the
inspection operations of other FMIA amenable species, e.g., cattle and
swine, and its adaptation of the meat regulations.
From FSIS's inspection experience in these fish slaughter
establishments, the fish are raised either contiguous to the
establishment, or in close proximity, and are transported to the
facility in aerated live haul trucks. The live fish are unloaded,
drained, and weighed before being moved to holding vats or carried by
conveyor to an electrical stunner. The fish are sorted by size or
weight, with the fish that are processed typically weighing less than
two pounds each. Dead and diseased fish and undesirable species are
sorted manually prior to processing. The deheading, eviscerating,
filleting, and skinning operations are typically automated, and the
process flows quickly and seamlessly on conveyor belts. When the
operations are manual, the size and immobility of the fish allow the
process to move quickly. Thus, the typical farm-raised fish slaughter
operation is a streamlined, automated process that combines slaughter
with processing in the same continuous operation. As such, fish
slaughter operations are more closely aligned with meat processing-only
operations, as opposed to meat slaughter operations.
FDA's definition of fish processing combines the slaughter and
processing

[[Page 22611]]

steps, ``Processing means, with respect to fish or fishery products:
Handling, storing, preparing, heading, eviscerating, shucking,
freezing, changing into different market forms, manufacturing,
preserving, packing, labeling, dockside unloading, or holding'' (21 CFR
123.3(k)(1)). This definition accurately describes FSIS's observations
and experience in fish slaughter establishments, i.e., a continuous
slaughter and processing system. In addition, the fish industry's
longstanding practice is to use the term ``processor'' to refer to any
type of fish manufacturing operation, including those that receive and
kill live fish. FSIS intends to amend the regulatory definition of
``processing'' with respect to fish to be more consistent with FDA's
definition.
Starting on September 1, 2017, FSIS is making an adjustment in its
inspection coverage at official fish slaughter establishments based on
the following criteria:

--FSIS's longstanding interpretation of Section 606 of the FMIA (21
U.S.C. 606(b)) requiring inspection once per production shift.
--FSIS's in-plant experience thus far confirming that fish slaughter
establishments are most similar in operation and design to meat
processing-only establishments. Thus, once per production shift
inspection coverage will ensure FSIS verifies whether establishments
are in compliance with all regulatory requirements.
--FSIS's more efficient use of inspection resources by including fish
slaughter establishments in once-per-production shift inspection
assignments for meat and poultry establishments that only process
product.

Thus, based on the above criteria, the Agency has determined that
adjusting the inspection coverage at fish slaughter establishments on
September 1, 2017, from all hours of operation to once per production
shift will enable it to provide adequate inspection coverage to fulfill
the FMIA mandate and allow it to most efficiently equip its workforce
with the resources and tools they need to protect public health.

USDA Nondiscrimination Statement

No agency, officer, or employee of the USDA shall, on the grounds
of race, color, national origin, religion, sex, gender identity, sexual
orientation, disability, age, marital status, family/parental status,
income derived from a public assistance program, or political beliefs,
exclude from participation in, deny the benefits of, or subject to
discrimination any person in the United States under any program or
activity conducted by the USDA.
To file a complaint of discrimination, complete the USDA Program
Discrimination Complaint Form, which may be accessed online at http://www.ocio.usda.gov/sites/default/files/docs/2012/Complain_combined_6_8_12.pdf, or write a letter signed by you or your
authorized representative.
Send your completed complaint form or letter to USDA by mail, fax,
or email:
Mail: U.S. Department of Agriculture, Director, Office of
Adjudication, 1400 Independence Avenue SW., Washington, DC 20250-9410.
Fax: (202)690-7442.
Email: program.intake@usda.gov.
Persons with disabilities who require alternative means for
communication (Braille, large print, audiotape, etc.) should contact
USDA's TARGET Center at (202) 720-2600 (voice and TDD).

Additional Public Notification

FSIS will announce this notification online through the FSIS Web
page located at http://www.fsis.usda.gov/federal-register.
FSIS will also make copies of this Federal Register 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 constituents and
stakeholders. The Update is communicated via Listserv, a free
electronic mail subscription service for industry, trade groups,
consumer interest groups, health professionals, and other individuals
who have asked to be included. The Update is also available on the FSIS
Web page. In addition, FSIS offers an electronic mail 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 to regulations, directives, and notices. Customers can add
or delete subscriptions themselves, and have the option to password
protect their accounts.

Done at Washington, DC on: May 12, 2017.
Alfred V. Almanza,
Administrator.
[FR Doc. 2017-09993 Filed 5-16-17; 8:45 am]
BILLING CODE 3410-DM-P

22609

Rules and Regulations Federal Register
Vol. 82, No. 94

Wednesday, May 17, 2017

This section of the FEDERAL REGISTER 2014 (79 FR 75871) and September 10, standards in this part, the non-Federal
contains regulatory documents having general 2015 (80 FR 54407). This document entity must document this decision in
applicability and legal effect, most of which augments those revisions that were its internal procurement policies.
are keyed to and codified in the Code of published in the Federal Register on
Federal Regulations, which is published under
* * * * *
September 10, 2015 (80 FR 54407). [FR Doc. 2017–09909 Filed 5–16–17; 8:45 am]
50 titles pursuant to 44 U.S.C. 1510.
List of Subjects in 2 CFR Part 200 BILLING CODE P
The Code of Federal Regulations is sold by
the Superintendent of Documents. Accounting, Auditing, Colleges and
universities, State and local
governments, Grant programs, Grants DEPARTMENT OF AGRICULTURE
OFFICE OF MANAGEMENT AND administration, Hospitals, Indians,
BUDGET Nonprofit organizations, Reporting and Food Safety and Inspection Service
recordkeeping requirements.
2 CFR Part 200 9 CFR Parts 300, 441, 530, 531, 532,
Mark Reger, 533, 534, 537, 539, 540, 541, 544, 548,
Uniform Administrative Requirements, Deputy Controller. 550, 552, 555, 557, 559, 560, and 561
Cost Principles, and Audit Under the authority of the Chief
Requirements for Federal Awards Financial Officers Act of 1990 (31 U.S.C. [Docket No. FSIS–2017–0003]

AGENCY: Executive Office of the 503), the Office of Management and
Budget amends 2 CFR part 200 as Changes to the Inspection Coverage in
President, Office of Management and Official Establishments That Slaughter
follows:
Budget. Fish of the Order Siluriformes
ACTION: Correcting amendment to PART 200—UNIFORM
continue delay of implementation date. AGENCY: Food Safety and Inspection
ADMINISTRATIVE REQUIREMENTS, Service, USDA.
COST PRINCIPLES, AND AUDIT
SUMMARY: The Office of Management ACTION: Notification and request for
REQUIREMENTS FOR FEDERAL
and Budget (OMB) is updating the final comments.
AWARDS
guidance that appeared in the Federal
Register on December 26, 2013. ■ 1. The authority citation for part 200 SUMMARY: The Food Safety and
Guidance on the effective/applicability continues to read as follows: Inspection Service (FSIS) is announcing
date is revised to allow a grace period and requesting comment on its plan to
Authority: 31 U.S.C. 503.
of one additional fiscal year for non- adjust inspection coverage at official
Federal entities to implement changes to ■ 2. In § 200.110, revise paragraph (a) to establishments that slaughter fish of the
their procurement policies and read as follows: order Siluriformes, which include
procedures in accordance with guidance catfish, from all hours of operation to
§ 200.110 Effective/applicability date.
on procurement standards. Other once per production shift.
(a) The standards set forth in this part
requirements in the section remain DATES: Submit comments on or before
that affect the administration of Federal
unchanged. June 16, 2017.
awards issued by Federal awarding
DATES: agencies become effective once ADDRESSES: FSIS invites interested
Effective date: May 17, 2017. implemented by Federal awarding persons to submit comments relevant to
Implementation date: For all non- agencies or when any future amendment adjusting inspection coverage as
Federal entities, there is an additional to this part becomes final. Federal discussed and outlined in this
one-year grace period for awarding agencies must implement the notification. Only comments addressing
implementation of the procurement policies and procedures applicable to the scope of this notification will be
standards in 2 CFR 200.317 through Federal awards by promulgating a considered.
200.326. This means the grace period for regulation to be effective by December Comments may be submitted by one
non-Federal entities extends through 26, 2014, unless different provisions are of the following methods:
December 25, 2017, and the required by statute or approved by Federal eRulemaking Portal: This
implementation date for the OMB. For the procurement standards in Web site provides the ability to type
procurement standards will start for §§ 200.317 through 200.326, non- short comments directly into the
fiscal years beginning on or after Federal entities may continue to comply comment field on this Web page or
December 26, 2017. with the procurement standards in attach a file for lengthier comments. Go
FOR FURTHER INFORMATION CONTACT: previous OMB guidance (as reflected in to http://www.regulations.gov/. Follow
Rhea Hubbard or Gil Tran, Office of § 200.104) for a total of three fiscal years the online instructions at that site for
Federal Financial Management, after this part goes into effect. As such, submitting comments.
rhubbard@omb.eop.gov or Hai_M._ the effective date for implementation of Mail, CD–ROMs: Send to Docket
Tran@omb.eop.gov, or via telephone at the procurement standards for non- Clerk, U.S. Department of Agriculture,
nlaroche on DSK30NT082PROD with RULES

(202) 395–3993. Federal entities will start for fiscal years Food Safety and Inspection Service,
SUPPLEMENTARY INFORMATION: This is a beginning on or after December 26, Patriots Plaza 3, 1400 Independence
summary of OMB’s Erratum, 2 CFR part 2017. If a non-Federal entity chooses to Avenue SW., Mailstop 3782, Room 8–
200 released on December 26, 2013. use the previous procurement standards 163B, Washington, DC 20250–3700.
Previous revisions were published in for all or part of these three fiscal years Hand- or courier-delivered submittals:
the Federal Register on December 19, before adopting the procurement Deliver to Patriots Plaza 3, 355 E Street

VerDate Sep<11>2014 13:25 May 16, 2017 Jkt 241001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\17MYR1.SGM 17MYR1

Document Created: 2017-05-17 01:41:53
Document Modified: 2017-05-17 01:41:53

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Notification and request for comments.
Dates		Submit comments on or before June 16, 2017.
Contact		Rachel Edelstein, Deputy Assistant Administrator, Office of Policy and Program Development; Telephone: (202) 205-0495, or by Fax: (202) 720-2025.
FR Citation		82 FR 22609
CFR Citation		9 CFR 300 9 CFR 441 9 CFR 530 9 CFR 531 9 CFR 532 9 CFR 533 9 CFR 534 9 CFR 537 9 CFR 539 9 CFR 540 9 CFR 541 9 CFR 544 9 CFR 548 9 CFR 550 9 CFR 552 9 CFR 555 9 CFR 557 9 CFR 559 9 CFR 560 9 CFR 561

82 FR 22609 - Changes to the Inspection Coverage in Official Establishments That Slaughter Fish of the Order Siluriformes

DEPARTMENT OF AGRICULTUREFood Safety and Inspection Service

Federal Register Volume 82, Issue 94 (May 17, 2017)

DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service