82 FR 30721 - Import Reinspection of Fish of the Order Siluriformes
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service Federal Register Volume 82, Issue 126 (July 3, 2017)
Food Safety and Inspection Service
Federal Register Volume 82, Issue 126 (July 3, 2017)
| Page Range | 30721-30722 | |
| FR Document | 2017-13644 |
[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)] [Rules and Regulations] [Pages 30721-30722] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-13644] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. ======================================================================== Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Rules and Regulations [[Page 30721]] DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service 9 CFR Part 557 [Docket No. FSIS-2017-0024] Import Reinspection of Fish of the Order Siluriformes AGENCY: Food Safety and Inspection Service, USDA. ACTION: Notification of regulatory enforcement. ----------------------------------------------------------------------- SUMMARY: The Food Safety and Inspection Service (FSIS) is announcing that starting August 2, 2017, all shipments of imported Siluriformes fish and fish products entering the United States (U.S.) must be presented at an Official Import Inspection Establishment for reinspection by FSIS personnel. DATES: Beginning August 2, 2017, FSIS will enforce the regulations in 9 CFR part 557 (9 CFR 557.1-557.8, 557.10-557.19 and 557.24-557.26). All shipments of imported Siluriformes fish and fish products must be presented at an Official Import Inspection Establishment for reinspection by FSIS personnel beginning August 2, 2017. FOR FURTHER INFORMATION CONTACT: Roberta Wagner, Assistant Administrator, Office of Policy and Program Development; Telephone: (202) 205-0495. 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,'' establishing a mandatory inspection program for fish of the order Siluriformes (80 FR 75590). The final rule set forth regulations in accordance with 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 amenable species and specifically provided for the inspection of Siluriformes fish and fish products to be used as human food. The regulations include a new part 557 (9 CFR 557.1-557.8, 557.10-557.19 and 557.24-557.26), ``Importation,'' which, among other things, requires that all fish and fish products from any foreign country be reinspected before entering the U.S. (9 CFR 557.6(a)(1)). The final rule was effective on March 1, 2016, but provided an 18- month transitional period until September 1, 2017, to ensure an orderly transition from Food and Drug Administration (FDA) regulatory oversight to the FSIS mandatory fish inspection program. During the transitional period, the Agency is exercising broad discretion in enforcing the new regulatory requirements, except when product is determined to be adulterated (e.g., the product contains a violative residue or is contaminated) or misbranded (e.g., the product is missing a label). The final rule stated that during the transitional period, imported fish and fish products would be reinspected and subjected to species and residue testing on at least a quarterly basis for each foreign establishment eligible to export fish to the U.S. Further, as discussed in the preamble of the final rule, at the end of the 18-month transitional period, all imported Siluriformes fish and fish product shipments would be reinspected, just as all imported meat and poultry products are reinspected (80 FR 75608). FSIS began selecting shipments of imported Siluriformes for reinspection and residue testing on April 15, 2016. Reinspection of All Imported Shipments of Siluriformes Fish and Fish Products The explanatory statement accompanying the Consolidated Appropriations Act, 2017, Public Law 115-31 Stat. 135, enacted May 5, 2017, directs FSIS to begin reinspecting all imported Siluriformes fish and fish product shipments upon the date the Act is enacted (https://www.congress.gov/crec/2017/05/03/CREC-2017-05-03-bk2.pdf). FSIS is issuing this notification announcing that beginning August 2, 2017, all shipments of imported Siluriformes fish and fish product must be presented at an Official Import Inspection Establishment for reinspection by FSIS personnel. To apply for import reinspection, applicants, typically the Importer of Record, must submit a paper or an electronic inspection application form (FSIS Form 9540-1) to FSIS in advance of the shipment's arrival, but no later than when the entry is filed with the U.S. Customs and Border Protection (CBP) (9 CFR 557.5). The applicant must identify, on the application, the official import inspection establishment where reinspection will occur. The paper import inspection application is available on line at: https://www.fsis.usda.gov/wps/wcm/connect/a8eead0d-23c3-428e-937f-a8a05b09edbb/FSIS-9540-1-Import-Inspection-Application.pdf? MOD=AJPERES. After August 2, 2017, FSIS will begin taking action in regard to imported fish product that has bypassed FSIS import reinspection, but entered commerce, i.e. ``failure to present'' (FTP) product. FSIS will be posting reinspection guidance materials on its Siluriformes Web page https://www.fsis.usda.gov/wps/portal/fsis/topics/inspection/siluriformes. A list of Official Import Inspection Establishments available to reinspect Siluriformes fish is available on the FSIS Siluriformes Web page https://www.fsis.usda.gov/wps/wcm/connect/b58fa982-8029-4ccb-88c1-1663f32070d9/Siluriformes-I-Houses.pdf?MOD=AJPERES. FSIS also strongly encourages importers and brokers to communicate and coordinate closely with your FSIS District Office, to facilitate full compliance prior to August 2, 2017 https://www.fsis.usda.gov/wps/portal/informational/districtoffices. In addition, the Agency will announce any additional information in the Agency's Constituent Update (http://www.fsis.usda.gov/wps/portal/fsis/newsroom/meetings/newsletters/constituentupdates). 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 [[Page 30722]] discrimination any person in the United States under any program or activity conducted by the USDA. To file a complaint of discrimination, complete the USDA Program Discrimination Complaint Form, which may be accessed online at http://www.ocio.usda.gov/sites/default/files/docs/2012/Complain_combined_6_8_12.pdf, or write a letter signed by you or your authorized representative. Send your completed complaint form or letter to USDA by mail, fax, or email: Mail: U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue SW., Washington, DC 20250-9410. Fax: (202) 690-7442. Email: [email protected]. Persons with disabilities who require alternative means for communication (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). Additional Public Notification FSIS will announce this notice 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 June 26, 2017. Alfred V. Almanza, Administrator. [FR Doc. 2017-13644 Filed 6-30-17; 8:45 am] BILLING CODE 3410-DM-P
![30721
Rules and Regulations Federal Register
Vol. 82, No. 126
Monday, July 3, 2017
This section of the FEDERAL REGISTER include all fish of the order Siluriformes Import Inspection Establishment for
contains regulatory documents having general as amenable species and specifically reinspection by FSIS personnel.
applicability and legal effect, most of which provided for the inspection of To apply for import reinspection,
are keyed to and codified in the Code of Siluriformes fish and fish products to be applicants, typically the Importer of
Federal Regulations, which is published under used as human food. The regulations Record, must submit a paper or an
50 titles pursuant to 44 U.S.C. 1510. electronic inspection application form
include a new part 557 (9 CFR 557.1–
The Code of Federal Regulations is sold by 557.8, 557.10–557.19 and 557.24– (FSIS Form 9540–1) to FSIS in advance
the Superintendent of Documents. 557.26), ‘‘Importation,’’ which, among of the shipment’s arrival, but no later
other things, requires that all fish and than when the entry is filed with the
fish products from any foreign country U.S. Customs and Border Protection
DEPARTMENT OF AGRICULTURE be reinspected before entering the U.S. (CBP) (9 CFR 557.5). The applicant must
(9 CFR 557.6(a)(1)). identify, on the application, the official
Food Safety and Inspection Service The final rule was effective on March import inspection establishment where
1, 2016, but provided an 18-month reinspection will occur. The paper
9 CFR Part 557 transitional period until September 1, import inspection application is
[Docket No. FSIS–2017–0024] 2017, to ensure an orderly transition available on line at: https://
from Food and Drug Administration www.fsis.usda.gov/wps/wcm/connect/
Import Reinspection of Fish of the (FDA) regulatory oversight to the FSIS a8eead0d-23c3-428e-937f-
Order Siluriformes mandatory fish inspection program. a8a05b09edbb/FSIS-9540-1-Import-
During the transitional period, the Inspection-Application.pdf?
AGENCY: Food Safety and Inspection MOD=AJPERES.
Agency is exercising broad discretion in
Service, USDA. After August 2, 2017, FSIS will begin
enforcing the new regulatory
ACTION: Notification of regulatory requirements, except when product is taking action in regard to imported fish
enforcement. determined to be adulterated (e.g., the product that has bypassed FSIS import
product contains a violative residue or reinspection, but entered commerce, i.e.
SUMMARY: The Food Safety and ‘‘failure to present’’ (FTP) product.
is contaminated) or misbranded (e.g.,
Inspection Service (FSIS) is announcing FSIS will be posting reinspection
the product is missing a label).
that starting August 2, 2017, all guidance materials on its Siluriformes
shipments of imported Siluriformes fish The final rule stated that during the Web page https://www.fsis.usda.gov/
and fish products entering the United transitional period, imported fish and wps/portal/fsis/topics/inspection/
States (U.S.) must be presented at an fish products would be reinspected and siluriformes.
Official Import Inspection subjected to species and residue testing A list of Official Import Inspection
Establishment for reinspection by FSIS on at least a quarterly basis for each Establishments available to reinspect
personnel. foreign establishment eligible to export Siluriformes fish is available on the
fish to the U.S. Further, as discussed in FSIS Siluriformes Web page https://
DATES: Beginning August 2, 2017, FSIS the preamble of the final rule, at the end
will enforce the regulations in 9 CFR www.fsis.usda.gov/wps/wcm/connect/
of the 18-month transitional period, all b58fa982-8029-4ccb-88c1-
part 557 (9 CFR 557.1–557.8, 557.10– imported Siluriformes fish and fish
557.19 and 557.24–557.26). All 1663f32070d9/Siluriformes-I-
product shipments would be Houses.pdf?MOD=AJPERES.
shipments of imported Siluriformes fish reinspected, just as all imported meat
and fish products must be presented at FSIS also strongly encourages
and poultry products are reinspected importers and brokers to communicate
an Official Import Inspection (80 FR 75608). FSIS began selecting
Establishment for reinspection by FSIS and coordinate closely with your FSIS
shipments of imported Siluriformes for District Office, to facilitate full
personnel beginning August 2, 2017. reinspection and residue testing on compliance prior to August 2, 2017
FOR FURTHER INFORMATION CONTACT: April 15, 2016. https://www.fsis.usda.gov/wps/portal/
Roberta Wagner, Assistant informational/districtoffices.
Administrator, Office of Policy and Reinspection of All Imported
Shipments of Siluriformes Fish and In addition, the Agency will
Program Development; Telephone: (202) announce any additional information in
205–0495. Fish Products
the Agency’s Constituent Update (http://
SUPPLEMENTARY INFORMATION: The explanatory statement www.fsis.usda.gov/wps/portal/fsis/
accompanying the Consolidated newsroom/meetings/newsletters/
Background Appropriations Act, 2017, Public Law constituentupdates).
On December 2, 2015, FSIS published 115–31 Stat. 135, enacted May 5, 2017,
the final rule, ‘‘Mandatory Inspection of directs FSIS to begin reinspecting all USDA Nondiscrimination Statement
Fish of the Order Siluriformes and imported Siluriformes fish and fish No agency, officer, or employee of the
Products Derived from Such Fish,’’ product shipments upon the date the USDA shall, on the grounds of race,
sradovich on DSK3GMQ082PROD with RULES
establishing a mandatory inspection Act is enacted (https:// color, national origin, religion, sex,
program for fish of the order www.congress.gov/crec/2017/05/03/ gender identity, sexual orientation,
Siluriformes (80 FR 75590). The final CREC-2017-05-03-bk2.pdf). FSIS is disability, age, marital status, family/
rule set forth regulations in accordance issuing this notification announcing that parental status, income derived from a
with the provisions of the 2008 and beginning August 2, 2017, all shipments public assistance program, or political
2014 Farm Bills, which amended the of imported Siluriformes fish and fish beliefs, exclude from participation in,
Federal Meat Inspection Act (FMIA) to product must be presented at an Official deny the benefits of, or subject to
VerDate Sep<11>2014 17:08 Jun 30, 2017 Jkt 241001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\03JYR1.SGM 03JYR1](https://thefederalregister.org/doc/82_FR_30847/page/1.svg)
![30722 Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Rules and Regulations
discrimination any person in the United DEFENSE NUCLEAR FACILITIES Additionally the Act adds to the agency
States under any program or activity SAFETY BOARD record reporting requirements. The
conducted by the USDA. DNFSB will provide this information
10 CFR Part 1703 through its FOIA electronic reading
To file a complaint of discrimination,
complete the USDA Program [Docket No. DNFSB–2017–0001] room. The Chief FOIA officer is the
Discrimination Complaint Form, which DNFSB Deputy General Manager, and
RIN 3155–AA00 will designate a FOIA Public Liaison.
may be accessed online at http://
www.ocio.usda.gov/sites/default/files/ Information about how to contact the
Freedom of Information Act FOIA Public Liaison will be available
docs/2012/Complain_combined_6_8_
AGENCY: Defense Nuclear Facilities through the DNFSB FOIA electronic
12.pdf, or write a letter signed by you
Safety Board. reading room.
or your authorized representative.
ACTION: Final rule. The DNFSB is issuing this rule as a
Send your completed complaint form final rule without the opportunity for
or letter to USDA by mail, fax, or email: SUMMARY: The Freedom of Information public comment. The agency finds, for
Mail: U.S. Department of Agriculture, Act (FOIA) Improvement Act of 2016 good cause, that allowing for notice and
Director, Office of Adjudication, 1400 requires each Federal agency to issue public comment is unnecessary. The
Independence Avenue SW., regulations implementing its statutory changes made to the DNFSB
Washington, DC 20250–9410. provisions. In this final rule, the implementing regulations reduce the
Defense Nuclear Facilities Safety Board burden on requestors, provide
Fax: (202) 690–7442. amends its regulations to comply with additional dispute resolution
Email: program.intake@usda.gov. the statutory direction. alternatives, and require the DNFSB to
Persons with disabilities who require DATES: This rule is effective on July 26, meet its response deadlines or waive the
alternative means for communication 2017. fees in whole or in part. The changes to
(Braille, large print, audiotape, etc.) FOR FURTHER INFORMATION CONTACT: the regulations are mandated by statute.
should contact USDA’s TARGET Center James Biggins, General Counsel, Defense The DNFSB has also reviewed public
at (202) 720–2600 (voice and TDD). Nuclear Facilities Safety Board, 625 comments provided to other Federal
Indiana Avenue NW., Suite 700, agencies that have issued their
Additional Public Notification Washington, DC 20004–2901, (202) 694– regulations for public comment, and the
7000. DNFSB has used those comments to
FSIS will announce this notice online inform its regulations.
through the FSIS Web page located at SUPPLEMENTARY INFORMATION:
http://www.fsis.usda.gov/federal- II. Regulatory Analysis
I. Background
register. Regulatory Flexibility Act
The Defense Nuclear Facilities Safety
FSIS will also make copies of this Board (DNFSB) implements the Under the Regulatory Flexibility Act,
Federal Register publication available Freedom of Information Act through its 5 U.S.C. 601–612, agencies must
through the FSIS Constituent Update, regulations found at 10 CFR part 1703. consider the impact of their rulemakings
which is used to provide information This rule amends the DNFSB’s on ‘‘small entities’’ (small businesses,
regarding FSIS policies, procedures, regulations to incorporate certain small organizations, and local
regulations, Federal Register notices, changes made to the FOIA, 5 U.S.C. 552, governments). The DNFSB has reviewed
FSIS public meetings, and other types of by the FOIA Improvement Act of 2016 this regulation and by approving it
information that could affect or would (Pub. L. 114–185, 130 Stat. 538 (2016)). certifies that this regulation will not
be of interest to constituents and The FOIA Improvement Act also have a significant economic impact on
stakeholders. The Update is requires agency regulations to address a substantial number of small entities.
communicated via Listserv, a free dispute resolution procedures and to This rule decreases the regulatory
electronic mail subscription service for provide notification to requestors about burden for requestors under FOIA,
industry, trade groups, consumer the availability of dispute resolution waives fees under certain
interest groups, health professionals, services. The FOIA Improvement Act circumstances, and provides additional
and other individuals who have asked requires the DNFSB to issue regulations dispute resolution options.
to be included. The Update is also which incorporate the changes made by Additionally, the agency received 21
available on the FSIS Web page. In the FOIA Improvement Act. This rule FOIA requests in fiscal year 2016 and
addition, FSIS offers an electronic mail updates the DNFSB regulations in 10 charged $0.00 in fees. The DNFSB
subscription service which provides CFR part 1703 to reflect those statutory therefore determines and certifies that
automatic and customized access to changes. these amendments to its FOIA
selected food safety news and The FOIA Improvement Act requires implementing regulations will not have
information. This service is available at a change to the DNFSB’s fee schedule, a significant economic impact on a
http://www.fsis.usda.gov/subscribe. which will be updated in a separate substantial number of small entities.
Options range from recalls to export notice. The fee schedule was last
information to regulations, directives, published in the Federal Register on Unfunded Mandates Reform Act of 1995
and notices. Customers can add or August 28, 2015, 80 FR 52174. Pursuant This rule will not result in the
delete subscriptions themselves, and to the FOIA Improvement Act, the expenditure by State, local, and tribal
have the option to password protect DNFSB will not assess any search fees governments, in aggregate, or by the
sradovich on DSK3GMQ082PROD with RULES
their accounts. if it has failed to comply with any time private sector, of $100,000,000 or more
Done at Washington, DC, on June 26, 2017. limit for response to the request absent in any one year, and it will not
an extension of its time limit. significantly or uniquely affect small
Alfred V. Almanza,
The FOIA Improvement Act requires governments. Therefore, no actions were
Administrator. agencies to designate a FOIA Public deemed necessary under the provisions
[FR Doc. 2017–13644 Filed 6–30–17; 8:45 am] Liaison and also elevates the of the Unfunded Mandates Reform Act
BILLING CODE 3410–DM–P responsibility of the Chief FOIA Officer. of 1995.
VerDate Sep<11>2014 17:08 Jun 30, 2017 Jkt 241001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\03JYR1.SGM 03JYR1](https://thefederalregister.org/doc/82_FR_30847/page/2.svg)
Document Created: 2018-11-14 10:19:10
Document Modified: 2018-11-14 10:19:10
| 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 of regulatory enforcement. | |
| Dates | Beginning August 2, 2017, FSIS will enforce the regulations in 9 CFR part 557 (9 CFR 557.1-557.8, 557.10-557.19 and 557.24-557.26). All shipments of imported Siluriformes fish and fish products must be presented at an Official Import Inspection Establishment for reinspection by FSIS personnel beginning August 2, 2017. | |
| Contact | Roberta Wagner, Assistant Administrator, Office of Policy and Program Development; Telephone: (202) 205-0495. | |
| FR Citation | 82 FR 30721 |
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