[Federal Register: November 21, 2005 (Volume 70, Number 223)]
[Rules and Regulations]
[Page 70033-70035]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21no05-2]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 327
[Docket No. 02-019F]
RIN 0583-AD16
Addition of Chile to the List of Countries Eligible To Export
Meat and Meat Products to the United States
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: The Food Safety and Inspection Service (FSIS) is adding Chile
to the list of countries eligible to export meat and meat products to
the United States. FSIS conducted a thorough review of Chile's meat
slaughter and processing inspection system, including an on-site review
of its meat inspection system in operation. FSIS concluded that Chile's
meat inspection laws, regulations, and other written materials
demonstrate that they establish requirements that are equivalent to the
relevant requirements of the Federal Meat Inspection Act (FMIA) and its
implementing regulations, and that Chile's implementation of meat
inspection standards and procedures is equivalent to that of the United
States.
Meat and meat products slaughtered and processed in certified
Chilean establishments may be exported to the United States. All such
products will be subject to re-inspection by FSIS inspectors at U.S.
ports-of-entry as required by law.
DATES: Effective Date: December 21, 2005.
FOR FURTHER INFORMATION CONTACT: Ms. Sally White, Director,
International Equivalence Staff, Office of International Affairs; (202)
720-6400.
SUPPLEMENTARY INFORMATION:
Background
On May 10, 2005, FSIS published a proposal in the Federal Register
(70 FR 24485-24488) to add Chile to the list of countries eligible to
export meat and meat products to the United States (9 CFR 327(b)). As
discussed in that proposed rulemaking, the government of Chile
requested approval to export meat and meat products to the United
States. In response to this request, FSIS conducted a thorough review
of Chile's meat slaughter and processing inspection system to determine
whether it is equivalent to the U.S. meat inspection system. FSIS
concluded that the requirements contained in Chile's meat inspection
laws and regulations are equivalent to those mandated by the FMIA and
implementing regulations. FSIS then conducted an on-site review of
Chile's meat inspection system in operation. The FSIS review team
concluded that Chile's implementation of meat inspection standards and
procedures is equivalent to that of the United States.
The government of Chile will certify to FSIS establishments wishing
to export products to the United States. FSIS will retain the right to
verify that establishments certified by the Chilean government are
meeting requirements
[[Page 70034]]
equivalent to those of FSIS. This will be done through annual on-site
reviews of the establishments while they are in operation.
Products from a country eligible to export meat and meat products
must also comply with all other U.S. requirements, including those of
the U.S. Customs Service and the restrictions under title 9, part 94 of
the Animal and Plant Health Inspection Service (APHIS) regulations that
relate to the importation of meat and meat products from foreign
countries into the United States. APHIS is responsible for keeping
foreign animal diseases out of the United States. APHIS restricts the
importation of any fresh, frozen, and chilled meat, meat products, and
edible products from countries in which certain animal diseases exist.
Those products that APHIS has restricted from entering the United
States are refused entry. FSIS works closely with APHIS in coordinating
its import inspection system so as to allow into the United States only
meat products that APHIS has found to pose no animal health risk.
Comments
FSIS received 11 comments on the proposed rule. All comments were
positive, and no objections were raised.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. It has
been determined to be not significant for purposes of E.O. 12866 and
therefore has not been reviewed by the Office of Management and Budget
(OMB).
Listing Chile as eligible to export meat to the United States would
add only a small portion to total U.S. meat imports. The additional
product shipments are likely to have only a slight effect on the
Agency's assignment of import inspection resources at points of entry
on the East and West coasts. It is unlikely, on the basis of current
information, that any additional import inspection personnel would need
to be hired.
The impact of this rule on U.S. consumers is voluntary in that
consumers will not be required to purchase meat products slaughtered
and processed in Chile, although they may choose to do so. Expected
benefits from this type of rule would accrue primarily to consumers in
the form of competitive prices due to a larger market variety of meat
products. The volume of trade stimulated by this rule, however, will
likely be so small as to have little effect on supply and prices.
Consumers, apart from any change in prices, would benefit from
increased choices in the marketplace.
The costs of this rule will accrue primarily to producers in the
form of greater competition from Chile. Again, it must be noted that
the volume of trade stimulated by this rule will be small, likely
having little effect on supply and prices. Nonetheless, it is possible
that U.S. firms that produce products that would compete with Chilean
imports could face short-term difficulty. In the long run, however,
such firms could adjust their product mix in order to compete
effectively.
Benefits would include increased trade with Chile and the
availability to U.S. consumers of a greater quantity of meat of the
kinds mentioned. Wholesale prices of all grades of these products have
been moving upward during the last several years. Importing beef, pork,
and lamb from Chile would not affect this trend or would do so only
very slightly. Both nations would benefit from an expansion of trade in
meat as part of a wide range of commodities.
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. When this final rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
Effect on Small Entities
The Administrator, FSIS, has made a determination that this final
rule will not have a significant impact on a substantial number of
small entities, as defined by the Regulatory Flexibility Act (5 U.S.C.
601). This final rule will add Chile to the list of countries eligible
to export meat and meat products to the United States. The volume of
trade stimulated by this rule will be small and would have relatively
little effect on supply and prices. Therefore, this final rule is not
expected to have a significant impact on small entities that produce
these types of products domestically.
Paperwork Requirements
No new paperwork requirements are associated with this final rule.
Foreign countries wanting to export meat and meat products to the
United States are required to provide information to FSIS certifying
that their inspection systems provide standards equivalent to those of
the United States, and that the legal authority for the systems and
their implementing regulations are equivalent to those of the United
States, before they may start exporting such product to the United
States. FSIS collects this information one time only. FSIS gave Chile
questionnaires asking for detailed information about the country's
inspection practices and procedures to assist the country in organizing
its materials. This information collection was approved under OMB
number 0583-0094. The final rule contains no other paperwork
requirements.
Additional Public Notification
Public awareness of all segments of rulemaking and policy
development is important. Consequently, in an effort to ensure that the
public and in particular minorities, women, and persons with
disabilities, are aware of this final rule, FSIS will announce it on-
line through the FSIS Web page located at http://www.fsis.usda.gov/Regulations_&_Policies/2005_Interim_&_Final_Rules_Index/index.asp .
The
Regulations.gov Web site is the central online rulemaking portal of the
United States Government. It is being offered as a public service to
increase participation in the Federal Government's regulatory
activities. FSIS participates in Regulations.gov and will accept
comments on documents published on the site. The site allows visitors
to search by keyword or Department or Agency for rulemakings that allow
for public comment. Each entry provides a quick link to a comment form
so that visitors can type in their comments and submit them to FSIS.
The Web site is located at http://www.regulations.gov/.
FSIS also will 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, recalls, and other types of
information that could affect or would be of interest to our
constituents and stakeholders. The update is communicated via Listserv,
a free e-mail subscription service consisting of industry, trade, and
farm groups, consumer interest groups, allied health professionals,
scientific professionals, and other individuals who have requested to
be included. The update also is available on the FSIS Web page. Through
Listserv and the Web page, FSIS is able to provide information to a
much broader, more diverse audience.
In addition, FSIS offers an electronic mail subscription service
which provides an automatic and customized notification when popular
pages are updated, including Federal Register publications and related
documents. This service is available at http://www.fsis.usda.gov/news_and_events/
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email--subscription/ and allows FSIS customers to sign up for
subscription options across eight categories. 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 account.
List of Subjects in 9 CFR Part 327
Imported Products.
0
For the reasons set out in the preamble, FSIS is amending 9 CFR part
327 as follows:
PART 327--IMPORTED PRODUCTS
0
1. The authority citation for part 327 continues to read as follows:
Authority: 21 U.S.C. 601-695; 7 CFR 2.18, 2.53.
Sec. 327.2 [Amended]
0
2. Section 327.2 is amended by adding Chile in alphabetical order to
the list of countries in paragraph (b).
Done at Washington, DC, on: October, 11, 2005.
Barbara J. Masters,
Administrator.
[FR Doc. 05-22980 Filed 11-18-05; 8:45 am]
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