82_FR_42227 82 FR 42056 - Public Health Information System (PHIS) Export Component Country Implementation

82 FR 42056 - Public Health Information System (PHIS) Export Component Country Implementation

DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service

Federal Register Volume 82, Issue 171 (September 6, 2017)

Page Range42056-42059
FR Document2017-18848

The Food Safety and Inspection Service (FSIS) is announcing and requesting comment on its plan to implement the Public Health Information System (PHIS) Export Component. In response to stakeholder feedback and to ensure sufficient testing and outreach, FSIS is extending the implementation date of the PHIS Export Component to June 29, 2018. FSIS will first implement the PHIS Export Component with a limited number of foreign countries and will expand implementation to add countries incrementally.

Federal Register, Volume 82 Issue 171 (Wednesday, September 6, 2017)
[Federal Register Volume 82, Number 171 (Wednesday, September 6, 2017)]
[Notices]
[Pages 42056-42059]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18848]


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

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

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Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / 
Notices

[[Page 42056]]



DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

[Docket No. FSIS-2017-0008]


Public Health Information System (PHIS) Export Component Country 
Implementation

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Notice and request for comments.

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

SUMMARY: The Food Safety and Inspection Service (FSIS) is announcing 
and requesting comment on its plan to implement the Public Health 
Information System (PHIS) Export Component. In response to stakeholder 
feedback and to ensure sufficient testing and outreach, FSIS is 
extending the implementation date of the PHIS Export Component to June 
29, 2018. FSIS will first implement the PHIS Export Component with a 
limited number of foreign countries and will expand implementation to 
add countries incrementally.

DATES: Submit comments on or before October 6, 2017.

ADDRESSES: FSIS invites interested persons to submit comments on issues 
discussed and outlined in 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, 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 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-2017-0008. 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.

Background

    On June 29, 2016, the Food Safety and Inspection Service (FSIS) 
published the final rule, ``Electronic Export Application and 
Certification Charge; Flexibility in the Requirements for Export 
Inspection Marks, Devices, and Certificates; Egg Products Export 
Certification'' (81 FR 42225). The rule can be found online at https://www.fsis.usda.gov/wps/wcm/connect/3538b05e-151c-4d82-8664-096452a32778/2009-0026.pdf?MOD=AJPERES, and FSIS notified the World Trade 
Organization of the rule (G/TBT/N/USA/678/Add.1). The final rule 
provided for an electronic export application and certification 
system--the Public Health Information System (PHIS) Export Component--
in the meat, poultry, and egg product regulations.
    When the PHIS Export Component is incrementally deployed to 
specific countries, as outlined below, it will provide the following 
improvements:
     FSIS will electronically inventory and track export 
certificate information, which will enable FSIS Inspection Program 
Personnel (IPP) to review exact images (i.e., portable document format 
(PDF)) of export certification documents prior to approval;
     Exporters will be able to electronically submit, track, 
and manage applications for export certificates, including capabilities 
to bundle multiple applications into a single file;
     Foreign governments will be able to view all export 
certificates for product intended for their country issued by FSIS in 
PHIS, as a digital image, through an FSIS-controlled log-in feature, 
Foreign Country Log-in (FCL).

New Implementation Date

    The final export rule stated that FSIS would begin implementing the 
PHIS Export Component on June 29, 2017. However, to ensure sufficient 
testing and outreach to all stakeholders, FSIS is delaying the 
implementation date of the PHIS Export Component to June 29, 2018. On 
March 27, 2017, FSIS held a PHIS Export Component technical webinar to 
share information and solicit comments on implementation plans. During 
and after the webinar, FSIS received requests from industry to delay 
implementation of the system, to ensure that all stakeholders are 
prepared and the system is performing effectively. After considering 
these requests, FSIS agreed to extend the implementation date for an 
additional year (June 29, 2018). More information from the March 27 
webinar, including audio and transcripts, can be found on FSIS's PHIS 
Export Component Web page at https://www.fsis.usda.gov/wps/portal/fsis/topics/international-affairs/exporting-products/phis-export-component.

Country Rollout Schedule

    On June 29, 2018, FSIS will implement the PHIS Export Component 
with a limited number of countries, and then gradually expand 
implementation to additional countries. Countries will be added 
incrementally in groups. This Notice announces the first group FSIS 
intends to include (June 2018; see below for the Group 1 country list). 
FSIS will announce future groups in advance on the PHIS Export 
Component Web page at https://www.fsis.usda.gov/wps/portal/fsis/topics/international-affairs/exporting-products/phis-export-component. 
Initially, only meat (including Siluriformes) and poultry products will 
be included in the PHIS Export Component; egg products and casings will 
be added at a later date, which FSIS will announce in advance through 
the Federal Register, FSIS Constituent Update, or other appropriate 
means.
    Beginning on June 29, 2018, FSIS intends to include Australia, New

[[Page 42057]]

Zealand, and the United Arab Emirates (UAE) in Group 1 of the PHIS 
Export Component. These countries are familiar with technological 
changes to certification systems; use English; and, in combination, 
import a moderate amount of the major product classes under FSIS's 
jurisdiction, giving FSIS sufficient data to assess system performance. 
Selection of these countries reflects FSIS's consideration of public 
comments received on topics presented at an April 2, 2015, conference 
call, which recommended implementing one or more smaller volume, 
relatively simple certification countries before moving to higher 
volume, complex certification countries. FSIS welcomes public comment 
on the selection of these three countries for initial implementation, 
including feedback on the feasibility of accommodating these countries' 
certification requirements through the PHIS Export Component process.
    In Group 1, FSIS is also including 16 countries that do not 
maintain meat or poultry requirements in the FSIS Export Library: 
Afghanistan, Andorra, Bahamas, Bolivia, Burundi, Cape Verde, Cook 
Islands, Ethiopia, Gambia, Guinea, Liberia, Mozambique, Paraguay, San 
Marino, Tanzania and Uganda. Additional countries without export 
library requirements will be added to each group as the Export 
Component rollout proceeds. FSIS may accelerate or decelerate the 
schedule, depending on the system's performance. Based on FSIS's 
experience with implementing other components of PHIS, unforeseen 
implementation issues may arise, such as the system's performance, 
training concerns, or questions from importing countries or FSIS IPP. 
In the first country group, FSIS will be working with foreign 
governments on a moderate amount of product, rather than on high 
product volumes that could more severely and unnecessarily disrupt 
commerce with major trading partners. Starting with low or mid-range 
volume countries will allow FSIS to build a foundation for more 
efficient, subsequent implementation with higher-volume countries that 
have more complex certification processes, for which effective outreach 
and implementation of the PHIS Export Component will be critical.

Application for Export Certificate

    FSIS regulations (9 CFR 322.2 and 381.105) require that the FSIS 
Application for Export Certificate (FSIS Form 9060-6) be submitted to 
obtain an FSIS Export Certificate of Wholesomeness (FSIS Form 9060-5). 
FSIS Form 9060-6 provides FSIS with important data necessary to certify 
and facilitate the export of product.
    Beginning on June 29, 2018, applicants for export certification to 
countries included in the Export Component (e.g. Australia, New 
Zealand, UAE, and 16 listed countries) will complete either (1) an 
electronic export application in PHIS (i.e. individual application or 
batch of applications), or (2) send a paper export application (FSIS 
Form 9060-6) and any required supplemental documents to the FSIS proxy 
(Urbandale, IA) for data entry into PHIS. Applicants who choose to use 
paper applications can email or mail the completed application, and any 
additional information required by the foreign country, to FSIS for 
entry into PHIS at:
    Email: [email protected].
    Mail: U.S. Department of Agriculture, Food Safety and Inspection 
Service, FMD, Financial Services Center, P.O. Box 9205, Des Moines, IA 
50306-9948.
    Applicants who choose to use paper applications can only use fax to 
send the completed application (FSIS Form 9060-6) to FSIS when no 
additional supplemental documents (e.g. letterhead certificates) are 
required by the importing country in the FSIS Export Library. Faxes 
should be sent to: 1-844-378-1048.
    As is done currently, in order for FSIS to be able to issue a 
certificate stating that a shipment meets the country's requirements, 
applicants are required to submit complete documentation, based on 
requirements found in the FSIS Export Library, to receive the requested 
certification.
    Regardless of the method the applicant chooses to submit the 
application, the end result of the export certification process and IPP 
verification activities will be the same. Starting no sooner than 
January 1, 2019, FSIS will assess fees for electronic export 
certificate applications, as is discussed below.
    The application process will not change how reimbursable services 
are charged by FSIS IPP, as described in the 12,000 Series of FSIS 
Directives on Voluntary Inspection (https://www.fsis.usda.gov/wps/portal/fsis/topics/regulations/directives/12000-series). When 
requested, FSIS provides reimbursable inspection services to 
accommodate business needs, such as obtaining export certifications 
necessary to meet requirements of importing countries that are not 
imposed by FSIS, and are in addition to FSIS requirements.
    In PHIS, export applicants can withdraw or cancel an export 
application at any point in the approval process prior to IPP approving 
the export application in PHIS. Once an application is withdrawn or 
cancelled by the applicant in PHIS, that application is no longer valid 
for export and is removed from the PHIS user interface. Applicants will 
still be charged for all applications whether they are processed or 
withdrawn.
    For all countries not yet included in the Export Component, 
applicants should follow current export application procedures.
    Of note, to make the application (FSIS Form 9060-6) more user-
friendly, prepare for its use in both a paper and electronic format, 
better align with commonly accepted international (Codex Alimentarius, 
CAC/GL 38-2001) guidance and ensure importing country requirements are 
met, FSIS has revised the data elements within FSIS form 9060-6: 
Application for Export Certificate. Industry is not to use this revised 
application until June 29, 2018. Furthermore, FSIS is eliminating a 
previously approved form associated with the 9060-6--the Product List 
(FSIS Form 9080-4). Certain limited data elements related to product 
information will be moved from FSIS Form 9080-4 to FSIS Form 9060-6 
(HACCP Category; Maturity Less than 30 months (beef only); Frozen/
Shelf-Stable).

Electronic Export Application Fee

    The PHIS Export Component will provide new service options to 
exporters, enabling them to electronically submit, track, and manage 
their export applications. Therefore, to cover the costs of providing 
the electronic application and certification service, FSIS established 
a formula-based fee for electronic export applications submitted in 
PHIS, under the authority of the Agricultural Marketing Act (7 U.S.C. 
1622(h)) and implementing FSIS regulations (9 CFR 350.7; 350.3(b); 
362.2(b); 362.5).
    The final export rule stated that the formula-based fee for 
electronic export applications would apply on June 29, 2017; however, 
to ensure system performance and the accuracy of estimates in the fee 
formula, FSIS will not begin assessing the fee prior to January 1, 
2019, and will recalculate the fee based on the best available 
estimates for costs and number of applications. The updated fee will be 
published in the Federal Register no later than 30 days prior to its 
assessment.
    As stated in the final export rule, the final electronic export 
application fee formula is as follows:

[[Page 42058]]

[GRAPHIC] [TIFF OMITTED] TN06SE17.000

The formula elements, summarized below, are the sum of labor and IT 
costs, divided by the total number of export applications.

Labor Costs

    [cir] Technical Support: This cost includes Service Desk support 
such as resolving user problems with the application services, 
identifying web browser compatibility issues, and fees from 
establishments and facilities that request this service.
    [cir] Export Library Maintenance: This cost includes funding two 
full-time employees to provide Export Library functions, includes the 
writing, testing, and maintenance of complex business rules for 
evaluating the export application that is submitted into the PHIS 
export system. The business rules allow the system to determine product 
eligibility before the system accepts the application and transmits it 
to inspection program personnel. The business rules also facilitate the 
type of export certification required by the foreign government that 
will be issued when the application is accepted.

IT Cost

    [cir] Ongoing Operations & Maintenance: This cost includes 
improvements and necessary repairs to keep the system responsive to 
users' needs, including modifying the application based on changes in 
requirements or user needs, adding functionality based on foreign 
regulatory changes, upkeep of the system to ensure a secure operating 
environment that protects the data, and costs to operate the system 
components. This cost may increase in future years based on General 
Services Administration (GSA) schedule increases in labor rates and 
other factors.
    [cir] Level 2 eAuthentication: This cost is currently zero, but may 
increase in future years based on a variety of factors, including the 
number of export business customers annually.

Number of Export Applications: This estimate is the approximate total 
number of export applications submitted to FSIS annually.

FSIS Export Certificate of Wholesomeness

    On June 29, 2018, the PHIS Export Component will have the ability 
to digitally sign export certificates (FSIS Form 9060-5) from the FSIS 
certifying official. This feature will provide an additional layer of 
security for the exporter and the importing country's government. At 
the time the signature is applied, PHIS will execute security checks to 
validate that the digital signature is that of the FSIS certifying 
official. The digital signature will include the printed name of the 
FSIS certifying official, and the time and date that the signature was 
applied. This feature, along with other security features of the PHIS 
export component, such as FSIS-controlled security paper on which 
certificates will be printed, will provide maximum assurance that 
export certificates are authentic.
    FSIS may also provide certificates signed by FSIS certifying 
officials with an ink signature, as is done currently. The export 
certificate, signed either digitally or with an ink signature, will be 
printed from PHIS on security paper (8\1/2\'' x 11''), and given to the 
exporter. FSIS will scan copies of all signed certification documents 
(e.g. 9060-5, supplemental letterhead certificates) into PHIS before 
releasing the signed original certification documents to the exporter. 
Unless specified that a digital signature is required or allowed in the 
FSIS Export Library, FSIS certifying officials will sign all export 
documents with an ink signature, as is done currently. Any supplemental 
documents, such as letterhead certificates, will be printed on standard 
8\1/2\'' x 11'' white copy paper.
    Of note, FSIS has made limited revisions to data elements in the 
FSIS Form 9060-5 to better align with commonly accepted international 
(Codex Alimentarius, CAC/GL 38-2001) guidance and to ensure importing 
country requirements are met. When additional space for products or 
statements is necessary with a 9060-5, PHIS will also generate FSIS 
Form 9060-5A (product continuation page), which is an existing addendum 
that FSIS has aligned with the revised 9060-5; and FSIS Form 9060-5B 
(remarks continuation page), a new addendum to provide more space for 
additional attestations, when required by the importing country. These 
updated certification documents will be implemented with the PHIS 
Export Component, on June 29, 2018.
    Country-specific letterhead certificates, and other required 
supplemental documentation, will not be produced by PHIS. Applicants 
will complete any required supplemental documents (e.g. letterhead 
certificates) and upload them to the electronic application in PHIS, or 
include the supplemental documents with the export package they send to 
the FSIS proxy.

Batch Processing

    The PHIS Export Component will allow exporters to bundle multiple 
applications, including any supplemental documents (e.g. letterhead 
certificates) required by the importing country, into a single file, 
known as batch processing. To maintain system functionality, FSIS 
reserves the right to place limits on batch processing as needed or 
required by PHIS. FSIS intends to test batch processing with industry 
users before implementation to ensure functionality. Upon 
implementation, FSIS will provide help desk support for batch 
processing issues (see FSIS's PHIS Export Component Web page at https://www.fsis.usda.gov/wps/portal/fsis/topics/international-affairs/exporting-products/phis-export-component for updates).

Level 2 eAuthentication/Foreign Country Log-In

    When the PHIS Export Component is implemented, foreign government 
officials will have the capability to view all export certificates 
issued by FSIS in PHIS, as a digital image, for product destined for 
the government's country, through an FSIS-controlled log-in feature 
(Foreign Country Log-in, FCL). In addition, the original certificates 
will be printed on paper and will arrive with the shipment, whether 
FSIS inspection personnel apply the signature digitally or with ink. 
Importing government officials will be able to compare digital 
certificate copies in the FCL with the

[[Page 42059]]

original certification documents arriving at the country's port of 
entry, to verify that the digital certificate copies align with the 
original certificates arriving with the shipment. A Level 2 
eAuthentication account is necessary to access the FCL. An 
eAuthentication account is the way for a user to interact with USDA Web 
site portals and applications using a verified identity for each User 
ID and profile. Prior to implementation of the PHIS Export Component, 
FSIS will provide further guidance on this process.

USDA Export Stamp

    The USDA export stamp bears the export certificate number, and is 
used to link the consignment to the corresponding export certificate. 
Beginning on the applicability date of June 29, 2018, FSIS is changing 
the number of digits in the serial number that appears on both the 
export stamp and the corresponding export certificate from six to seven 
numbers. Use of an alternative, alpha-numeric unique identifier in 
place of the USDA export stamp will be implemented with the PHIS Export 
Component on June 29, 2018.

eCert

    In the future, FSIS also intends to support electronic export 
certification (eCert) in PHIS. eCert is the government-to-government 
transmission of certification data and is the electronic equivalent of 
a paper certificate. When developed and implemented, electronic export 
certification will allow FSIS to transfer certification data directly 
to the foreign government's competent authority's certification system.

Group 1 (June 29, 2018)

 Export Library:
    1. Australia
    2. New Zealand
    3. UAE
 Non-Export Library:
    1. Afghanistan
    2. Andorra
    3. Bahamas
    4. Bolivia
    5. Burundi
    6. Cape Verde
    7. Cook Islands
    8. Ethiopia
    9. Gambia
    10. Guinea
    11. Liberia
    12. Mozambique
    13. Paraguay
    14. San Marino
    15. Tanzania
    16. Uganda

USDA Nondiscrimination Statement

    No agency, officer, or employee of the USDA shall, on the grounds 
of race, color, national origin, religion, sex, gender identity, sexual 
orientation, disability, age, marital status, family/parental status, 
income derived from a public assistance program, or political beliefs, 
exclude from participation in, deny the benefits of, or subject to 
discrimination any person in the United States under any program or 
activity conducted by the USDA.
    To file a complaint of discrimination, complete the USDA Program 
Discrimination Complaint Form, which may be accessed online at http://www.ocio.usda.gov/sites/default/files/docs/2012/Complain_combined_6_8_12.pdf, or write a letter signed by you or your 
authorized representative.
    Send your completed complaint form or letter to USDA by mail, fax, 
or email:

    Mail: U.S. Department of Agriculture, Director, Office of 
Adjudication, 1400 Independence Avenue SW., Washington, DC 20250-9410.
    Fax: (202) 690-7442.
    Email: [email protected].

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

Additional Public Notification

    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: August 31, 2017.
Paul Kiecker,
Acting Administrator.
[FR Doc. 2017-18848 Filed 9-5-17; 8:45 am]
 BILLING CODE 3410-DM-P



                                                    42056

                                                    Notices                                                                                                       Federal Register
                                                                                                                                                                  Vol. 82, No. 171

                                                                                                                                                                  Wednesday, September 6, 2017



                                                    This section of the FEDERAL REGISTER                      Hand- or courier-delivered submittals:              including capabilities to bundle
                                                    contains documents other than rules or                  Deliver to Patriots Plaza 3, 355 E Street             multiple applications into a single file;
                                                    proposed rules that are applicable to the               SW., Room 8–163A, Washington, DC                        • Foreign governments will be able to
                                                    public. Notices of hearings and investigations,         20250–3700.                                           view all export certificates for product
                                                    committee meetings, agency decisions and                  Instructions: All items submitted by                intended for their country issued by
                                                    rulings, delegations of authority, filing of                                                                  FSIS in PHIS, as a digital image, through
                                                    petitions and applications and agency
                                                                                                            mail or electronic mail must include the
                                                    statements of organization and functions are            Agency name and docket number FSIS–                   an FSIS-controlled log-in feature,
                                                    examples of documents appearing in this                 2017–0008. Comments received in                       Foreign Country Log-in (FCL).
                                                    section.                                                response to this docket will be made                  New Implementation Date
                                                                                                            available for public inspection and
                                                                                                            posted without change, including any                     The final export rule stated that FSIS
                                                    DEPARTMENT OF AGRICULTURE                               personal information, to http://                      would begin implementing the PHIS
                                                                                                            www.regulations.gov.                                  Export Component on June 29, 2017.
                                                    Food Safety and Inspection Service                        Docket: For access to background                    However, to ensure sufficient testing
                                                                                                            documents or to comments received, go                 and outreach to all stakeholders, FSIS is
                                                    [Docket No. FSIS–2017–0008]                             to the FSIS Docket Room at Patriots                   delaying the implementation date of the
                                                                                                            Plaza 3, 355 E Street SW., Room                       PHIS Export Component to June 29,
                                                    Public Health Information System                        164–A, Washington, DC 20250–3700                      2018. On March 27, 2017, FSIS held a
                                                    (PHIS) Export Component Country                         between 8:00 a.m. and 4:30 p.m.,                      PHIS Export Component technical
                                                    Implementation                                          Monday through Friday.                                webinar to share information and solicit
                                                                                                                                                                  comments on implementation plans.
                                                    AGENCY:  Food Safety and Inspection                     FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                  During and after the webinar, FSIS
                                                    Service, USDA.                                          Rachel Edelstein, Deputy Assistant                    received requests from industry to delay
                                                                                                            Administrator, Office of Policy and                   implementation of the system, to ensure
                                                    ACTION: Notice and request for
                                                                                                            Program Development; Telephone: (202)                 that all stakeholders are prepared and
                                                    comments.
                                                                                                            205–0495, or by Fax: (202) 720–2025.                  the system is performing effectively.
                                                    SUMMARY:   The Food Safety and                          Background                                            After considering these requests, FSIS
                                                    Inspection Service (FSIS) is announcing                                                                       agreed to extend the implementation
                                                    and requesting comment on its plan to                      On June 29, 2016, the Food Safety and              date for an additional year (June 29,
                                                    implement the Public Health                             Inspection Service (FSIS) published the               2018). More information from the March
                                                    Information System (PHIS) Export                        final rule, ‘‘Electronic Export                       27 webinar, including audio and
                                                    Component. In response to stakeholder                   Application and Certification Charge;                 transcripts, can be found on FSIS’s PHIS
                                                    feedback and to ensure sufficient testing               Flexibility in the Requirements for                   Export Component Web page at https://
                                                    and outreach, FSIS is extending the                     Export Inspection Marks, Devices, and                 www.fsis.usda.gov/wps/portal/fsis/
                                                    implementation date of the PHIS Export                  Certificates; Egg Products Export                     topics/international-affairs/exporting-
                                                    Component to June 29, 2018. FSIS will                   Certification’’ (81 FR 42225). The rule               products/phis-export-component.
                                                    first implement the PHIS Export                         can be found online at https://
                                                                                                            www.fsis.usda.gov/wps/wcm/connect/                    Country Rollout Schedule
                                                    Component with a limited number of
                                                    foreign countries and will expand                       3538b05e-151c-4d82-8664-                                 On June 29, 2018, FSIS will
                                                    implementation to add countries                         096452a32778/2009-                                    implement the PHIS Export Component
                                                    incrementally.                                          0026.pdf?MOD=AJPERES, and FSIS                        with a limited number of countries, and
                                                                                                            notified the World Trade Organization                 then gradually expand implementation
                                                    DATES:  Submit comments on or before                    of the rule (G/TBT/N/USA/678/Add.1).                  to additional countries. Countries will
                                                    October 6, 2017.                                        The final rule provided for an electronic             be added incrementally in groups. This
                                                    ADDRESSES: FSIS invites interested                      export application and certification                  Notice announces the first group FSIS
                                                    persons to submit comments on issues                    system—the Public Health Information                  intends to include (June 2018; see below
                                                    discussed and outlined in this notice.                  System (PHIS) Export Component—in                     for the Group 1 country list). FSIS will
                                                    Comments may be submitted by one of                     the meat, poultry, and egg product                    announce future groups in advance on
                                                    the following methods:                                  regulations.                                          the PHIS Export Component Web page
                                                       Federal eRulemaking Portal: This                        When the PHIS Export Component is                  at https://www.fsis.usda.gov/wps/
                                                    Web site provides the ability to type                   incrementally deployed to specific                    portal/fsis/topics/international-affairs/
                                                    short comments directly into the                        countries, as outlined below, it will                 exporting-products/phis-export-
                                                    comment field on this Web page or                       provide the following improvements:                   component. Initially, only meat
                                                    attach a file for lengthier comments. Go                   • FSIS will electronically inventory               (including Siluriformes) and poultry
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    to http://www.regulations.gov/. Follow                  and track export certificate information,             products will be included in the PHIS
                                                    the on-line instructions at that site for               which will enable FSIS Inspection                     Export Component; egg products and
                                                    submitting comments.                                    Program Personnel (IPP) to review exact               casings will be added at a later date,
                                                       Mail, CD–ROMs: Send to Docket                        images (i.e., portable document format                which FSIS will announce in advance
                                                    Clerk, U.S. Department of Agriculture,                  (PDF)) of export certification documents              through the Federal Register, FSIS
                                                    Food Safety and Inspection Service,                     prior to approval;                                    Constituent Update, or other
                                                    Patriots Plaza 3, 1400 Independence                        • Exporters will be able to                        appropriate means.
                                                    Avenue SW., Mailstop 3782, Room                         electronically submit, track, and manage                 Beginning on June 29, 2018, FSIS
                                                    8–163B, Washington, DC 20250–3700.                      applications for export certificates,                 intends to include Australia, New


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                                                                             Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Notices                                           42057

                                                    Zealand, and the United Arab Emirates                   important data necessary to certify and               application at any point in the approval
                                                    (UAE) in Group 1 of the PHIS Export                     facilitate the export of product.                     process prior to IPP approving the
                                                    Component. These countries are                             Beginning on June 29, 2018,                        export application in PHIS. Once an
                                                    familiar with technological changes to                  applicants for export certification to                application is withdrawn or cancelled
                                                    certification systems; use English; and,                countries included in the Export                      by the applicant in PHIS, that
                                                    in combination, import a moderate                       Component (e.g. Australia, New                        application is no longer valid for export
                                                    amount of the major product classes                     Zealand, UAE, and 16 listed countries)                and is removed from the PHIS user
                                                    under FSIS’s jurisdiction, giving FSIS                  will complete either (1) an electronic                interface. Applicants will still be
                                                    sufficient data to assess system                        export application in PHIS (i.e.                      charged for all applications whether
                                                    performance. Selection of these                         individual application or batch of                    they are processed or withdrawn.
                                                    countries reflects FSIS’s consideration                 applications), or (2) send a paper export               For all countries not yet included in
                                                    of public comments received on topics                   application (FSIS Form 9060–6) and any
                                                                                                                                                                  the Export Component, applicants
                                                    presented at an April 2, 2015,                          required supplemental documents to the
                                                                                                                                                                  should follow current export
                                                    conference call, which recommended                      FSIS proxy (Urbandale, IA) for data
                                                                                                                                                                  application procedures.
                                                    implementing one or more smaller                        entry into PHIS. Applicants who choose
                                                    volume, relatively simple certification                 to use paper applications can email or                  Of note, to make the application (FSIS
                                                    countries before moving to higher                       mail the completed application, and any               Form 9060–6) more user-friendly,
                                                    volume, complex certification countries.                additional information required by the                prepare for its use in both a paper and
                                                    FSIS welcomes public comment on the                     foreign country, to FSIS for entry into               electronic format, better align with
                                                    selection of these three countries for                  PHIS at:                                              commonly accepted international
                                                    initial implementation, including                          Email: FSCExport.Recon@                            (Codex Alimentarius, CAC/GL 38–2001)
                                                    feedback on the feasibility of                          fsis.usda.gov.                                        guidance and ensure importing country
                                                    accommodating these countries’                             Mail: U.S. Department of Agriculture,              requirements are met, FSIS has revised
                                                    certification requirements through the                  Food Safety and Inspection Service,                   the data elements within FSIS form
                                                    PHIS Export Component process.                          FMD, Financial Services Center, P.O.                  9060–6: Application for Export
                                                       In Group 1, FSIS is also including 16                Box 9205, Des Moines, IA 50306–9948.                  Certificate. Industry is not to use this
                                                    countries that do not maintain meat or                     Applicants who choose to use paper                 revised application until June 29, 2018.
                                                    poultry requirements in the FSIS Export                 applications can only use fax to send                 Furthermore, FSIS is eliminating a
                                                    Library: Afghanistan, Andorra,                          the completed application (FSIS Form                  previously approved form associated
                                                    Bahamas, Bolivia, Burundi, Cape Verde,                  9060–6) to FSIS when no additional                    with the 9060–6—the Product List (FSIS
                                                    Cook Islands, Ethiopia, Gambia, Guinea,                 supplemental documents (e.g. letterhead               Form 9080–4). Certain limited data
                                                    Liberia, Mozambique, Paraguay, San                      certificates) are required by the                     elements related to product information
                                                    Marino, Tanzania and Uganda.                            importing country in the FSIS Export                  will be moved from FSIS Form 9080–4
                                                    Additional countries without export                     Library. Faxes should be sent to: 1–844–              to FSIS Form 9060–6 (HACCP Category;
                                                    library requirements will be added to                   378–1048.                                             Maturity Less than 30 months (beef
                                                    each group as the Export Component                         As is done currently, in order for FSIS            only); Frozen/Shelf-Stable).
                                                    rollout proceeds. FSIS may accelerate or                to be able to issue a certificate stating
                                                                                                                                                                  Electronic Export Application Fee
                                                    decelerate the schedule, depending on                   that a shipment meets the country’s
                                                    the system’s performance. Based on                      requirements, applicants are required to                 The PHIS Export Component will
                                                    FSIS’s experience with implementing                     submit complete documentation, based                  provide new service options to
                                                    other components of PHIS, unforeseen                    on requirements found in the FSIS                     exporters, enabling them to
                                                    implementation issues may arise, such                   Export Library, to receive the requested              electronically submit, track, and manage
                                                    as the system’s performance, training                   certification.                                        their export applications. Therefore, to
                                                    concerns, or questions from importing                      Regardless of the method the                       cover the costs of providing the
                                                    countries or FSIS IPP. In the first                     applicant chooses to submit the                       electronic application and certification
                                                    country group, FSIS will be working                     application, the end result of the export             service, FSIS established a formula-
                                                    with foreign governments on a moderate                  certification process and IPP verification            based fee for electronic export
                                                    amount of product, rather than on high                  activities will be the same. Starting no              applications submitted in PHIS, under
                                                    product volumes that could more                         sooner than January 1, 2019, FSIS will                the authority of the Agricultural
                                                    severely and unnecessarily disrupt                      assess fees for electronic export                     Marketing Act (7 U.S.C. 1622(h)) and
                                                    commerce with major trading partners.                   certificate applications, as is discussed             implementing FSIS regulations (9 CFR
                                                    Starting with low or mid-range volume                   below.                                                350.7; 350.3(b); 362.2(b); 362.5).
                                                    countries will allow FSIS to build a                       The application process will not
                                                                                                            change how reimbursable services are                     The final export rule stated that the
                                                    foundation for more efficient,
                                                                                                            charged by FSIS IPP, as described in the              formula-based fee for electronic export
                                                    subsequent implementation with
                                                                                                            12,000 Series of FSIS Directives on                   applications would apply on June 29,
                                                    higher-volume countries that have more
                                                                                                            Voluntary Inspection (https://                        2017; however, to ensure system
                                                    complex certification processes, for
                                                                                                            www.fsis.usda.gov/wps/portal/fsis/                    performance and the accuracy of
                                                    which effective outreach and
                                                                                                            topics/regulations/directives/12000-                  estimates in the fee formula, FSIS will
                                                    implementation of the PHIS Export
                                                                                                            series). When requested, FSIS provides                not begin assessing the fee prior to
                                                    Component will be critical.
                                                                                                                                                                  January 1, 2019, and will recalculate the
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                                                                                                            reimbursable inspection services to
                                                    Application for Export Certificate                      accommodate business needs, such as                   fee based on the best available estimates
                                                      FSIS regulations (9 CFR 322.2 and                     obtaining export certifications necessary             for costs and number of applications.
                                                    381.105) require that the FSIS                          to meet requirements of importing                     The updated fee will be published in
                                                    Application for Export Certificate (FSIS                countries that are not imposed by FSIS,               the Federal Register no later than 30
                                                    Form 9060–6) be submitted to obtain an                  and are in addition to FSIS                           days prior to its assessment.
                                                    FSIS Export Certificate of                              requirements.                                            As stated in the final export rule, the
                                                    Wholesomeness (FSIS Form 9060–5).                          In PHIS, export applicants can                     final electronic export application fee
                                                    FSIS Form 9060–6 provides FSIS with                     withdraw or cancel an export                          formula is as follows:


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                                                    42058                    Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Notices




                                                    The formula elements, summarized                        FSIS Export Certificate of                            continuation page), a new addendum to
                                                    below, are the sum of labor and IT costs,               Wholesomeness                                         provide more space for additional
                                                    divided by the total number of export                      On June 29, 2018, the PHIS Export                  attestations, when required by the
                                                    applications.                                           Component will have the ability to                    importing country. These updated
                                                                                                            digitally sign export certificates (FSIS              certification documents will be
                                                    Labor Costs
                                                                                                            Form 9060–5) from the FSIS certifying                 implemented with the PHIS Export
                                                       Æ Technical Support: This cost                       official. This feature will provide an                Component, on June 29, 2018.
                                                    includes Service Desk support such as                   additional layer of security for the                     Country-specific letterhead
                                                    resolving user problems with the                        exporter and the importing country’s                  certificates, and other required
                                                    application services, identifying web                   government. At the time the signature is              supplemental documentation, will not
                                                    browser compatibility issues, and fees                  applied, PHIS will execute security                   be produced by PHIS. Applicants will
                                                    from establishments and facilities that                 checks to validate that the digital                   complete any required supplemental
                                                    request this service.                                   signature is that of the FSIS certifying              documents (e.g. letterhead certificates)
                                                       Æ Export Library Maintenance: This                   official. The digital signature will                  and upload them to the electronic
                                                    cost includes funding two full-time                     include the printed name of the FSIS                  application in PHIS, or include the
                                                    employees to provide Export Library                     certifying official, and the time and date            supplemental documents with the
                                                    functions, includes the writing, testing,               that the signature was applied. This                  export package they send to the FSIS
                                                    and maintenance of complex business                     feature, along with other security                    proxy.
                                                    rules for evaluating the export                         features of the PHIS export component,                Batch Processing
                                                    application that is submitted into the                  such as FSIS-controlled security paper
                                                    PHIS export system. The business rules                  on which certificates will be printed,                   The PHIS Export Component will
                                                    allow the system to determine product                   will provide maximum assurance that                   allow exporters to bundle multiple
                                                    eligibility before the system accepts the               export certificates are authentic.                    applications, including any
                                                    application and transmits it to                            FSIS may also provide certificates                 supplemental documents (e.g. letterhead
                                                    inspection program personnel. The                       signed by FSIS certifying officials with              certificates) required by the importing
                                                    business rules also facilitate the type of              an ink signature, as is done currently.               country, into a single file, known as
                                                    export certification required by the                    The export certificate, signed either                 batch processing. To maintain system
                                                    foreign government that will be issued                  digitally or with an ink signature, will              functionality, FSIS reserves the right to
                                                    when the application is accepted.                       be printed from PHIS on security paper                place limits on batch processing as
                                                                                                            (81⁄2″ × 11″), and given to the exporter.             needed or required by PHIS. FSIS
                                                    IT Cost                                                 FSIS will scan copies of all signed                   intends to test batch processing with
                                                       Æ Ongoing Operations &                               certification documents (e.g. 9060–5,                 industry users before implementation to
                                                    Maintenance: This cost includes                         supplemental letterhead certificates)                 ensure functionality. Upon
                                                    improvements and necessary repairs to                   into PHIS before releasing the signed                 implementation, FSIS will provide help
                                                    keep the system responsive to users’                    original certification documents to the               desk support for batch processing issues
                                                    needs, including modifying the                          exporter. Unless specified that a digital             (see FSIS’s PHIS Export Component
                                                    application based on changes in                         signature is required or allowed in the               Web page at https://www.fsis.usda.gov/
                                                    requirements or user needs, adding                      FSIS Export Library, FSIS certifying                  wps/portal/fsis/topics/international-
                                                    functionality based on foreign                          officials will sign all export documents              affairs/exporting-products/phis-export-
                                                    regulatory changes, upkeep of the                       with an ink signature, as is done                     component for updates).
                                                    system to ensure a secure operating                     currently. Any supplemental
                                                                                                                                                                  Level 2 eAuthentication/Foreign
                                                    environment that protects the data, and                 documents, such as letterhead
                                                                                                                                                                  Country Log-In
                                                    costs to operate the system components.                 certificates, will be printed on standard
                                                    This cost may increase in future years                  81⁄2″ × 11″ white copy paper.                            When the PHIS Export Component is
                                                                                                               Of note, FSIS has made limited                     implemented, foreign government
                                                    based on General Services
                                                                                                            revisions to data elements in the FSIS                officials will have the capability to view
                                                    Administration (GSA) schedule
                                                                                                            Form 9060–5 to better align with                      all export certificates issued by FSIS in
                                                    increases in labor rates and other
                                                                                                            commonly accepted international                       PHIS, as a digital image, for product
                                                    factors.
                                                                                                            (Codex Alimentarius, CAC/GL 38–2001)                  destined for the government’s country,
                                                       Æ Level 2 eAuthentication: This cost
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                                                                                                            guidance and to ensure importing                      through an FSIS-controlled log-in
                                                    is currently zero, but may increase in                  country requirements are met. When                    feature (Foreign Country Log-in, FCL).
                                                    future years based on a variety of                      additional space for products or                      In addition, the original certificates will
                                                    factors, including the number of export                 statements is necessary with a 9060–5,                be printed on paper and will arrive with
                                                    business customers annually.                            PHIS will also generate FSIS Form                     the shipment, whether FSIS inspection
                                                    Number of Export Applications: This                     9060–5A (product continuation page),                  personnel apply the signature digitally
                                                    estimate is the approximate total                       which is an existing addendum that                    or with ink. Importing government
                                                    number of export applications                           FSIS has aligned with the revised 9060–               officials will be able to compare digital
                                                                                                                                                                                                                EN06SE17.000</GPH>




                                                    submitted to FSIS annually.                             5; and FSIS Form 9060–5B (remarks                     certificate copies in the FCL with the


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                                                                             Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Notices                                                 42059

                                                    original certification documents arriving               USDA Nondiscrimination Statement                      have the option to password protect
                                                    at the country’s port of entry, to verify                                                                     their accounts.
                                                                                                               No agency, officer, or employee of the
                                                    that the digital certificate copies align                                                                       Done at Washington, DC, on: August 31,
                                                                                                            USDA shall, on the grounds of race,
                                                    with the original certificates arriving                                                                       2017.
                                                                                                            color, national origin, religion, sex,
                                                    with the shipment. A Level 2                                                                                  Paul Kiecker,
                                                                                                            gender identity, sexual orientation,
                                                    eAuthentication account is necessary to
                                                                                                            disability, age, marital status, family/              Acting Administrator.
                                                    access the FCL. An eAuthentication
                                                                                                            parental status, income derived from a                [FR Doc. 2017–18848 Filed 9–5–17; 8:45 am]
                                                    account is the way for a user to interact
                                                                                                            public assistance program, or political               BILLING CODE 3410–DM–P
                                                    with USDA Web site portals and
                                                                                                            beliefs, exclude from participation in,
                                                    applications using a verified identity for
                                                                                                            deny the benefits of, or subject to
                                                    each User ID and profile. Prior to                                                                            DEPARTMENT OF AGRICULTURE
                                                                                                            discrimination any person in the United
                                                    implementation of the PHIS Export
                                                                                                            States under any program or activity
                                                    Component, FSIS will provide further                                                                          Food Safety and Inspection Service
                                                                                                            conducted by the USDA.
                                                    guidance on this process.
                                                                                                               To file a complaint of discrimination,             [Docket No. FSIS–2017–0028]
                                                    USDA Export Stamp                                       complete the USDA Program
                                                                                                            Discrimination Complaint Form, which                  Availability of FSIS Compliance
                                                       The USDA export stamp bears the
                                                                                                            may be accessed online at http://                     Guideline for Minimizing the Risk of
                                                    export certificate number, and is used to
                                                                                                            www.ocio.usda.gov/sites/default/files/                Shiga Toxin-Producing Escherichia
                                                    link the consignment to the
                                                                                                            docs/2012/Complain_combined_6_8_                      Coli (STEC) and Salmonella in Raw
                                                    corresponding export certificate.
                                                                                                            12.pdf, or write a letter signed by you               Beef (Including Veal) Processing
                                                    Beginning on the applicability date of
                                                                                                            or your authorized representative.                    Operations
                                                    June 29, 2018, FSIS is changing the
                                                    number of digits in the serial number                      Send your completed complaint form
                                                                                                                                                                  AGENCY:  Food Safety and Inspection
                                                    that appears on both the export stamp                   or letter to USDA by mail, fax, or email:
                                                                                                                                                                  Service, USDA.
                                                    and the corresponding export certificate                   Mail: U.S. Department of Agriculture,              ACTION: Notice of availability and
                                                    from six to seven numbers. Use of an                    Director, Office of Adjudication, 1400                request for comment.
                                                    alternative, alpha-numeric unique                       Independence Avenue SW.,
                                                    identifier in place of the USDA export                  Washington, DC 20250–9410.                            SUMMARY:    The Food Safety and
                                                    stamp will be implemented with the                         Fax: (202) 690–7442.                               Inspection Service (FSIS) is announcing
                                                    PHIS Export Component on June 29,                          Email: program.intake@usda.gov.                    the availability of and requesting
                                                    2018.                                                      Persons with disabilities who require              comments on the updated compliance
                                                                                                            alternative means for communication                   guideline for small and very small
                                                    eCert                                                                                                         businesses on reducing STEC and
                                                                                                            (Braille, large print, audiotape, etc.)
                                                       In the future, FSIS also intends to                  should contact USDA’s TARGET Center                   Salmonella in beef and veal operations.
                                                    support electronic export certification                 at (202) 720–2600 (voice and TDD).                       The new guideline will assist small
                                                    (eCert) in PHIS. eCert is the government-                                                                     and very small beef (including veal)
                                                    to-government transmission of                           Additional Public Notification                        processing establishments understand
                                                    certification data and is the electronic                  FSIS will announce this notice online               and comply with the regulatory
                                                    equivalent of a paper certificate. When                 through the FSIS Web page located at                  requirements associated with
                                                    developed and implemented, electronic                   http://www.fsis.usda.gov/federal-                     controlling STEC and Salmonella in raw
                                                    export certification will allow FSIS to                 register.                                             non-intact beef products and beef
                                                    transfer certification data directly to the               FSIS will also make copies of this                  products intended for non-intact use.
                                                    foreign government’s competent                          Federal Register publication available                The guideline also includes information
                                                    authority’s certification system.                       through the FSIS Constituent Update,                  for establishments and retail stores on
                                                                                                            which is used to provide information                  developing and maintaining records
                                                    Group 1 (June 29, 2018)                                                                                       associated with the production of
                                                                                                            regarding FSIS policies, procedures,
                                                    • Export Library:                                       regulations, Federal Register notices,                ground beef.
                                                      1. Australia                                          FSIS public meetings, and other types of              DATES: Submit Comments on or before
                                                      2. New Zealand                                        information that could affect or would                November 6, 2017.
                                                      3. UAE                                                be of interest to constituents and                    ADDRESSES: A downloadable version of
                                                    • Non-Export Library:                                   stakeholders. The Update is                           the compliance guideline is available to
                                                      1. Afghanistan                                        communicated via Listserv, a free                     view and print at https://
                                                      2. Andorra                                            electronic mail subscription service for              www.fsis.usda.gov/wps/portal/fsis/
                                                      3. Bahamas                                            industry, trade groups, consumer                      topics/regulatory-compliance/
                                                      4. Bolivia                                            interest groups, health professionals,                compliance-guides-index once copies of
                                                      5. Burundi                                            and other individuals who have asked                  the guideline have been published.
                                                      6. Cape Verde                                         to be included. The Update is also                       FSIS invites interested persons to
                                                                                                            available on the FSIS Web page. In                    submit comments on this guidance.
                                                      7. Cook Islands
                                                                                                            addition, FSIS offers an electronic mail              Comments may be submitted by one of
                                                      8. Ethiopia
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                                                                                                            subscription service which provides                   the following methods:
                                                      9. Gambia                                             automatic and customized access to                       Federal eRulemaking Portal: This
                                                      10. Guinea                                            selected food safety news and                         Web site provides the ability to type
                                                      11. Liberia                                           information. This service is available at             short comments directly into the
                                                      12. Mozambique                                        http://www.fsis.usda.gov/subscribe.                   comment field on this Web page or
                                                      13. Paraguay                                          Options range from recalls to export                  attach a file for lengthier comments. Go
                                                      14. San Marino                                        information to regulations, directives,               to http://www.regulations.gov/. Follow
                                                      15. Tanzania                                          and notices. Customers can add or                     the on-line instructions at that site for
                                                      16. Uganda                                            delete subscriptions themselves, and                  submitting comments.


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Document Created: 2017-09-06 00:56:31
Document Modified: 2017-09-06 00:56:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice and request for comments.
DatesSubmit comments on or before October 6, 2017.
ContactRachel Edelstein, Deputy Assistant Administrator, Office of Policy and Program Development; Telephone: (202) 205-0495, or by Fax: (202) 720-2025.
FR Citation82 FR 42056 

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