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Rules and Regulations Federal Register Vol 22899 Rules and Regulations Federal Register Vol. 66, No. 88 Monday, May 7, 2001 This section of the FEDERAL REGISTER April 26, 2001. Interested parties may 2001, grants of voluntary inspection for contains regulatory documents having general comment on this interim final rule. ratites and squabs will no longer be applicability and legal effect, most of which DATES: This interim final rule will be valid. Fees for ratite and squab are keyed to and codified in the Code of effective April 26, 2001. Comments inspection services will no longer be Federal Regulations, which is published under charged, except for overtime and 50 titles pursuant to 44 U.S.C. 1510. must be received on this interim final rule by July 2, 2001. holiday inspection services. The Code of Federal Regulations is sold by ADDRESSES: Submit one original and Applications for mandatory inspection the Superintendent of Documents. Prices of two copies of written comments within must be submitted on an FSIS new books are listed in the first FEDERAL the scope of the rulemaking to FSIS application form available from any REGISTER issue of each week. Docket Clerk, Docket #01–045IF, U.S. FSIS District Office or from FSIS Department of Agriculture, Food Safety Headquarters, Washington, DC 20250. and Inspection Service, Room 102, FSIS will give notice in writing to each DEPARTMENT OF AGRICULTURE Cotton Annex, 300 12th Street, SW., applicant granted (or denied) inspection. Food Safety and Inspection Service Washington, DC 20250–3700. All comments submitted in response to this Under the regulations that implement the PPIA, before being granted Federal 9 CFR Parts 362 and 381 proposal will be available for public inspection in the Docket Clerk’s Office inspection, an establishment must have [Docket No. 01–045IF] between 8:30 a.m. and 4:30 p.m., written Sanitation Standard Operating Monday through Friday. Procedures (SOPs) (§ 381.22(a)) and a RIN 0583–AC84 FOR FURTHER INFORMATION CONTACT: For Hazard Analysis and Critical Control information about the interim final rule, Point (HACCP) plan that the Mandatory Inspection of Ratites and contact Dr. Arshad Hussain, Director, establishment has validated (§ 381.22 (b) Squabs Inspection and Enforcement Standards and (c)). Establishments can receive Development Staff, Office of Policy, conditional grants of inspection for a Editorial Note: Federal Register rule Program Development, and Evaluation, period of not more than 90 days while document 01–10679 originally appeared in FSIS, U.S. Department of Agriculture, they validate their HACCP plans the issue of Tuesday, May 1, 2001 at 66 FR Room 202, Cotton Annex, 300 12th (§ 381.22(b)). 21631–21639. Due to several errors (repeated Street, SW, Washington, DC 20250– Import Inspection text and missing text on page 21635) the 3700, (202) 720–3219. document is being reprinted in its entirety. SUPPLEMENTARY INFORMATION: This interim final rule will be AGENCY: Food Safety and Inspection effective on April 26, 2001. Within 18 Service, USDA. Background months of that date, imported ratite or ACTION: Interim final rule. On October 28, 2000, the President squab products will have to originate in signed the Appropriations Act, which countries that are eligible to export SUMMARY: The Food Safety and provides that 180 days after the date of poultry to the United States and will Inspection Service (FSIS) is amending its enactment, U.S. establishments that have to be processed in establishments the Poultry Products Inspection slaughter or process ratites (such as certified by the government of the Regulations (Part 381) and the ostriches, emus, and rheas) or squabs for foreign country as eligible to export to Voluntary Poultry Inspection distribution into commerce as human the United States. Currently, these Regulations (Part 362) to include ratites food will be subject to the requirements countries include Canada, France, Great and squabs under the mandatory of the PPIA (21 U.S.C. 451, et seq.), Britain, and Israel. Hong Kong and poultry products inspection regulations. rather than the voluntary poultry Mexico have not yet been approved by The Agency is responding to the FY inspection program under section 203 of the United States to slaughter poultry; 2001 Agriculture, Rural Development, the AMA (7 U.S.C. 1622). This provision therefore, they are only eligible to Food and Drug Administration and of the Appropriation Act is effective on export to the United States processed Related Agencies Appropriations Act April 26, 2001. poultry products that originate from (the Appropriations Act), signed by the Ratites are members of a superorder Canada, France, Great Britain, Israel, or President on October 28, 2000, which (Ratitae) of flightless birds that have the United States (§ 381.196). provides that 180 days after the date of small or rudimentary wings and flat All countries exporting or wanting to its enactment, U.S. establishments breastplates, e.g., ostriches, emus, and export ratite and squabs products to the slaughtering or processing ratites or rheas. Squabs are young pigeons that United States, regardless of their current squabs for distribution into commerce have not yet flown. eligibility status regarding meat and as human food will be subject to the Ratites are currently inspected under poultry product exports to the United requirements of the Poultry Products the Voluntary Poultry Inspection States, may do so for the next 18 months Inspection Act (PPIA), rather than the Regulations as an experimental subject to the following. Countries voluntary poultry inspection program program. Operators who wish to already eligible to export poultry to the under section 203 of the Agricultural continue to slaughter or process ratites United States will be able to export Marketing Act of 1946 (AMA). The or squabs after April 26, 2001, for ratites and squabs as soon as they certify provision of the Appropriations Act transport or sale in commerce must to FSIS those establishments eligible to specifying that ratites and squabs come apply to FSIS for a grant of inspection export to the United States. These under the Agency’s mandatory for mandatory inspection service countries are Canada, Israel, Great inspection requirements is effective on (§§ 381.6 and 381.16). As of April 26, Britain, and France. Animal health VerDate 11<MAY>2000 16:36 May 04, 2001 Jkt 194001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\07MYR1.SGM pfrm11 PsN: 07MYR1 22900 Federal Register / Vol. 66, No. 88 / Monday, May 7, 2001 / Rules and Regulations restrictions continue to apply so there is comments and make a final symptoms at ante mortem will be no change with regard to the eligibility determination of equivalence. The handled differently than other diseased of specific products based on APHIS determination to list a country as poultry. regulations. equivalent, and, therefore, eligible to The Agency is amending § 381.76 to Countries eligible to export meat to export poultry products to the United add Ratite Inspection as the fifth post the United States will be permitted to States, is published as a final rule in the mortem poultry inspection system. This export ratites to the United States Federal Register, along with FSIS’s amendment is necessary because provided the animals are slaughtered in responses to the public comments. At inspection of ratites must be done in a an establishment certified to export to that time, the country’s inspection different manner than inspection of the Unites States and provided the service may certify establishments for other amenable poultry species. Thus, countries submit a request for export of poultry products, including inspection of ratites cannot be done establishing equivalency. Certified ratites and squabs, to the United States. under the existing four inspection establishments are required to meet Summary of Interim Final Rule systems. FSIS HACCP and Pathogen Reduction FSIS is amending § 381.96 to provide requirements. At this point, Australia FSIS is making a number of technical that ratite carcasses and parts that are and New Zealand, which are both changes in its regulations, which it shipped unpacked must bear the official eligible to export meat to the United believes are noncontroversial, to brand. This addition is necessary States, have indicated that they want to provide for the inspection of ratites and because ratites are the only species of export ratites. squabs. The Agency is amending 9 CFR amenable species that are likely to be Countries not eligible to export meat 362.1(d) to remove squab from the shipped unpacked. or poultry to the United States will need definition of ‘‘Poultry’’ in the Voluntary Finally, FSIS is proposing to make to submit a request for equivalency and Poultry Inspection Regulations. FSIS is some editorial changes to § 362.1 to FSIS will need to make an equivalency also amending § 362.1(e) to include correct inaccuracies and to provide for determination according to 9 CFR Part ratites and squabs with chickens, greater clarity. 327. turkeys, ducks, geese, and guineas in the As indicated above, however, each definition of ‘‘Poultry Product.’’ The Regulatory Impact Analysis country desiring to begin or continue Agency is also amending § 381.1(b) to Basis for Regulatory Action exporting such products to the United include ratites and squabs within the Currently, ratites and squabs are States will have to apply for an definition of ‘‘Poultry’’ in the Poultry inspected on a voluntary, fee-for-service equivalence determination of its ratite Products Inspection
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