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Proposed Rules Federal Register Vol 37892 Proposed Rules Federal Register Vol. 73, No. 128 Wednesday, July 2, 2008 This section of the FEDERAL REGISTER Reading Room: You may read any by inactivating the viruses which cause contains notices to the public of the proposed comments that we receive on this them. issuance of rules and regulations. The docket in our reading room. The reading The Animal and Plant Health purpose of these notices is to give interested room is located in room 1141 of the Inspection Service (APHIS) has received persons an opportunity to participate in the USDA South Building, 14th Street and a request from a United States importer rule making prior to the adoption of the final for permission to import cooked pork rules. Independence Avenue, SW., Washington, DC. Normal reading room skins (pork rinds) from Brazil, a region hours are 8 a.m. to 4:30 p.m., Monday affected with FMD, SVD, ASF, and CSF. DEPARTMENT OF AGRICULTURE through Friday, except holidays. To be Such imports are not permitted under sure someone is there to help you, our current regulations. However, a risk Animal and Plant Health Inspection please call (202) 690–2817 before assessment 1 performed by the Centers Service coming. for Epidemiology and Animal Health of Other Information: Additional APHIS’ Veterinary Services program 9 CFR Part 94 information about APHIS and its indicates that pork skins cooked in the programs is available on the Internet at manner described by the requester are [Docket No. APHIS–2008–0032] http://www.aphis.usda.gov. not a potential pathway for entry of foreign animal disease agents into the RIN 0579–AC80 FOR FURTHER INFORMATION CONTACT: Dr. United States. This is because the Karen A. James-Preston, Director, Importation of Cooked Pork Skins cooking process is sufficient to Technical Trade Services—Products, deactivate the pathogens in question. AGENCY: Animal and Plant Health National Center for Import and Export, Two methods of cooking pork skins Inspection Service, USDA. VS, APHIS, 4700 River Road Unit 40, were examined. The first method is a ACTION: Proposed rule. Riverdale, MD 20737–1231; (301) 734– one-step cooking process, during which 8172. the pork skins are held in cooking oil SUMMARY: We are proposing to amend SUPPLEMENTARY INFORMATION: that is maintained at a temperature of the regulations to allow for the 237–240 °F (114–116 °C) for at least 80 importation of cooked pork skins from Background minutes. Including heating and cooling regions affected with foot-and-mouth The regulations in 9 CFR part 94 times, the cooking time for the one-step disease, swine vesicular disease, African (referred to below as the regulations) process is about 2.5 hours. The second swine fever, and classical swine fever prohibit or restrict the importation of is a two-step process in which the pork ° under certain conditions. We are taking certain animals and animal products rinds are dry cooked at 500–750 F ° this action after preparing a risk into the United States to prevent the (260–399 C) for approximately 210 assessment that concluded that the minutes after which they are cooked in introduction of communicable diseases ° ° cooking methods examined are of livestock and poultry. The regulations hot oil at 220–250 F (104–121 C) for sufficient to inactivate the pathogens of in §§ 94.4, 94.8, 94.9, and 94.12 contain an additional 150 minutes. The total concern. This action would relieve requirements for the importation of cooking time in the two-step process is restrictions on the importation of cured or cooked meat and pork and pork about 6 hours. cooked pork skins while continuing to products from regions where rinderpest, Both these cooking processes exceed protect against the introduction of those foot-and-mouth disease (FMD), African the heat inactivation requirement commonly cited in the literature for the diseases of concern. swine fever (ASF), classical swine fever four viruses of concern. They also DATES: We will consider all comments (CSF), and swine vesicular disease exceed the requirements for cooked that we receive on or before September (SVD) exist. 2, 2008. meat described in the regulations. Currently, the regulations provide that We are, therefore, proposing to amend ADDRESSES: You may submit comments pork and pork products may be the regulations in part 94 to allow for by either of the following methods: imported into the United States from the importation of cooked pork skins • Federal eRulemaking Portal: Go to regions where these diseases exist only from regions with FMD, SVD, ASF, and http://www.regulations.gov/fdmspublic/ if they have been cooked or cured as CSF under the conditions described in component/ specified in our regulations. Acceptable this proposed rule. Specifically, we main?main=DocketDetail&d=APHIS- cooking or curing methods include would amend the FMD-related 2008&-0032 to submit or view curing and drying so that the product provisions in § 94.4, the ASF-related comments and to view supporting and does not require refrigeration, cooking provisions in § 94.8, the CSF-related related materials available in a hermetically sealed container so provisions in § 94.9, and the SVD- electronically. that the final product is shelf-stable, related provisions in § 94.12 by adding • Postal Mail/Commercial Delivery: cooking in tubes so the internal a new paragraph to each section that ° Please send two copies of your comment temperature of the meat reaches 175 F authorizes the importation of pork skins to Docket No. APHIS–2008–0032, (79.4 °C), or, in the case of perishable Regulatory Analysis and Development, canned hams, cooking by method other 1 The risk assessment, titled ‘‘Risk Assessment of PPD, APHIS, Station 3A–03.8, 4700 than flash heating to an internal Pork Rinds from Brazil,’’ can be viewed on the River Road Unit 118, Riverdale, MD temperature of 156 °F (69 °C). These Regulations.gov Web site (see ADDRESSES above for instructions for accessing Regulations.gov) or in our 20737–1238. Please state that your cooking and curing processes protect reading room. A copy may also be obtained from comment refers to Docket No. APHIS– the United States against an the person listed under FOR FURTHER INFORMATION 2008–0032. introduction of the diseases of concern CONTACT. VerDate Aug<31>2005 17:06 Jul 01, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\02JYP1.SGM 02JYP1 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 73, No. 128 / Wednesday, July 2, 2008 / Proposed Rules 37893 if they have been cooked using one of Executive Order 12866 and Regulatory protect against the introduction of those the methods described above. Each of Flexibility Act diseases of concern. those sections also contains additional Pork rinds are a snack food that is requirements that must be met in order This proposed rule has been reviewed made from deep-fried or microwavable for pork or pork products to be imported under Executive Order 12866. The rule pork rind pellets (cooked pig skins). The into the United States from regions has been determined to be not size of the pork rind snack where these diseases exist. These significant for the purposes of Executive manufacturing industry is considered to additional requirements include Order 12866 and, therefore, has not be relatively small. Available Economic provisions that the pork or pork been reviewed by the Office of Census data do not provide specific products be processed at an approved Management and Budget. information on the pork rind snack facility which is eligible to have its We are proposing to amend the industry. The Census categorizes the products imported into the United regulations to allow for the importation pork rind industry with certain other snack foods (excluding potato chips, States under the Federal Meat of cooked pork skins from regions corn chips, and related products) under Inspection Act (21 U.S.C. 601 et seq. ) affected with FMD, SVD, ASF, and CSF ‘‘other snack food manufacturing,’’ and under certain conditions. We are taking and the regulations in 9 CFR part 327, the product classification code is this action after preparing a risk and that shipments of cooked pork or 3119197.2 As table 1 shows, the pork products must be accompanied by assessment that concluded that the industry is composed of a relatively a certificate issued by an official of the cooking methods examined are small number of establishments. On National Government of the region of sufficient to inactivate the pathogens of average, these establishments employ origin who is authorized to issue the concern. This action would relieve fewer than 100 employees and therefore foreign meat inspection certificate restrictions on the importation of most, if not all, of the establishments required under 9 CFR part 327. cooked pork skins while continuing to can be considered to be small entities.3 TABLE 1.—SNACK FOOD MANUFACTURING, EXCLUDING POTATO CHIPS, CORN CHIPS, AND RELATED PRODUCTS, 2002 Total cost of Total value of Number of establishments Number of Payroll materials shipments employees ($ million) ($ million) ($ million) 47 ..................................................................................................................... 4,284 $131 $365 $959 Source: 2002 Economic Census (http://www.census.gov/prod/ec02/ec0231i311919.pdf). Although no clear-cut method exists Comparing these trade association low-carbohydrate diet that seems to to disaggregate the pork-rind snack data to the $959 million shipment value have peaked in 2004. manufacturers from the other snack reported in the Census data for ‘‘other Pork Rind Pellet Manufacturers manufacturers in the Census data, we snack food manufacturing,’’ sales by the can use available sales information for pork-rind snack manufacturers may Pork rind pellets are made from pork-rind snack food to approximate the represent as much as one-half of sales cooked pork skins and are the main size of this segment of the industry.
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