6314 Federal Register / Vol. 83, No. 30 / Tuesday, February 13, 2018 / Proposed Rules DEPARTMENT OF AGRICULTURE the magnitude of the proposed action accordance with the regulations in 9 and the need to provide for possible CFR parts 416 and 417, and to meet Food Safety and Inspection Service public meetings on the proposed action. proposed sanitation requirements ADDRESSES: FSIS invites interested (proposed 9 CFR part 591). The Agency 9 CFR Parts 416, 417, 500, 590 and 591 persons to submit comments on this is proposing to eliminate those [Docket No. FSIS–2005–0015] proposed rule and the draft guidance. regulations that are incompatible with Comments may be submitted by any of the regulations for HACCP and RIN 0583–AC58 the following methods: Sanitation SOPs and to convert • Federal eRulemaking Portal: This prescriptive, command-and-control Egg Products Inspection Regulations website provides the ability to type requirements to general sanitation AGENCY: Food Safety and Inspection short comments directly into the standards. Service, USDA. comment field on this web page or Existing regulations that FSIS is proposing to revise or eliminate include ACTION: Proposed rule. attach a file for lengthier comments. Go to http://www.regulations.gov. Follow those relating to egg products plant SUMMARY: The Food Safety and the on-line instructions at that site for grounds and pest management; plant Inspection Service (FSIS) is proposing submitting comments. sanitation; plant construction, including to amend the egg products inspection • Mail, including CD–ROMs, etc.: rooms, doors, and windows; lighting; regulations by requiring official plants Send to Docket Clerk, U.S. Department ventilation and odors; plumbing; sewage that process egg products (herein also of Agriculture, Food Safety and disposal; water supply and solution re- referred to as ‘‘egg products plants’’ or Inspection Service, Patriots Plaza 3, use; and dressing rooms, lavatories, and ‘‘plants’’) to develop and implement 1400 Independence Avenue SW, toilets. The Agency is proposing to Hazard Analysis and Critical Control Mailstop 3782, Room 8–163B, replace all of these with general Point (HACCP) Systems and Sanitation Washington, DC 20250–3700. sanitation requirements, as it has Standard Operating Procedures • Hand- or Courier-Delivered previously done with the requirements (Sanitation SOPs) and to meet other Submittals: Deliver to Patriots Plaza 3, on the same subjects in the meat and sanitation requirements consistent with 355 E Street SW, Room 8–163B, poultry products regulations. the meat and poultry regulations. FSIS Washington, DC 20250–3700. The Agency is also proposing to is proposing to eliminate those current Instructions: All items submitted by specify in the regulations that official regulatory provisions that are mail or electronic mail must include the plants are required to process egg inconsistent with HACCP, Sanitation Agency name and docket number FSIS– products to be edible without additional SOPs, and the proposed sanitation 2005–0015. Comments received in preparation to achieve food safety requirements. FSIS is also proposing to response to this docket will be made (proposed 9 CFR 590.570). This will specify in the regulations that official available for public inspection and ensure that the products are free of plants are required to process egg posted without change, including any detectable pathogens. The proposed products to be edible without additional personal information, to http:// regulations will require egg product preparation to achieve food safety. www.regulations.gov. plants to maintain control of egg In addition, FSIS is proposing to: Docket: For access to background products that have been sampled and Provide for generic approval as part of documents or comments received, go to tested for public health hazards, e.g., the prior label approval system for egg the FSIS Docket Room at Patriots Plaza Salmonella, until the test results products; make changes to labeling 3, 355 E Street SW, Room 8–164, become available (proposed requirements for shell eggs consistent Washington, DC 20250–3700 between amendments to 9 CFR 590.504). The with those in the Food and Drug 8:00 a.m. and 4:30 p.m., Monday proposed amended regulations will Administration’s (FDA’s) regulations; through Friday. provide for the use of irradiated shell require special handling instructions on FOR FURTHER INFORMATION CONTACT: eggs in the processing of egg products egg products; eliminate the Victoria A. Levine, Program Analyst, and food products containing them requirements for prior approval by FSIS Issuances Staff, Office of Policy and (proposed 9 CFR 590.590). The Agency is proposing to make the of egg products plant drawings, Program Development, Food Safety and egg products labeling and ‘‘other specifications, and equipment; Inspection Service, U.S. Department of consumer protection’’ requirements, incorporate egg products plants into the Agriculture, 1400 Independence Avenue including requirements for generically coverage of the ‘‘Rules of Practice’’ that SW, Room 6079, South Agriculture approved labeling, more like the the Agency follows when initiating Building, Washington, DC 20250–3700; labeling requirements for meat and administrative enforcement actions; and telephone (202) 720–5627; fax (202) poultry products (proposed 9 CFR change the Agency’s interpretation of 690–0486. 590.412). the requirement for continuous SUPPLEMENTARY INFORMATION: FSIS is proposing to align the import inspection in agency law. requirements for eggs and egg products FSIS is also announcing that it is Executive Summary more closely with the import seeking public comment on draft FSIS is proposing to amend the egg requirements for meat and poultry guidance designed to help small and products inspection regulations (9 CFR products (proposed 9 CFR 590, Subpart very small plants producing egg part 590) to require that official plants 1 B). products to meet the new regulatory that process egg products develop and FSIS is proposing to change requirements being proposed in this implement Hazard Analysis and Critical organizational terms and job titles that rulemaking. Should the rule become Control Points (HACCP) systems and appear in the regulations but that are no final, FSIS intends to finalize this Sanitation Standard Operating longer used in FSIS (proposed guidance. Procedures (Sanitation SOPs), in amendment of 9 CFR 590.5). DATES: Comments must be received on FSIS is also proposing to change the 1 As defined in the Egg Products Inspection Act or before June 13, 2018. FSIS is (21 U.S.C. 1031 et seq.). Exempted plants, as Agency’s interpretation of the providing a longer comment period than defined in 9 CFR 590.5, are also official plants, per requirement for continuous inspection typical for this proposed rule because of the statute. in 21 U.S.C. 1034(a). Inspection will no VerDate Sep<11>2014 19:14 Feb 12, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\13FEP2.SGM 13FEP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 Federal Register / Vol. 83, No. 30 / Tuesday, February 13, 2018 / Proposed Rules 6315 longer be conducted during all plants already use a written HACCP HACCP plan (9 CFR 417.3(b)). FSIS also processing operations, but may instead plan to address at least one production will continue to require that egg product be provided at least once per shift. step in their process. plants test pasteurized egg products for Finally, FSIS is proposing to replace FSIS will continue to test for pathogens. Plants must ensure that egg the rules of practice governing Salmonella and Listeria monocytogenes products that test positive for pathogens enforcement procedures for egg product (Lm) in egg products. If FSIS detects the are condemned or reprocessed (9 CFR plants with those that apply to meat and pathogens in the product, under 590.422). poultry product establishments HACCP, plants will be required to take (proposed amendments to 9 CFR part corrective actions to prevent recurrence The proposed rule will provide 500). of the problem, if the plant has greater flexibility and incentives for Costs attributable to the proposed rule determined the pathogen is reasonably innovation through reductions in are those associated with the likely to occur in its production process paperwork and unnecessary approvals. development and implementation of (9 CFR 417.3(a)). If FSIS detects the In addition, plants voluntarily meeting HACCP plans and Sanitation SOPs and pathogen and the plant has not HACCP requirements and also the need for new product labels with determined that the hazard is complying with current prescriptive safe-handling instructions. The impact reasonably likely to occur, the plant will regulations would reduce costs because of the costs is somewhat mitigated by be required to take corrective actions they would be operating entirely under the fact that 93 percent of egg products and also will be required to reassess its HACCP requirements. TABLE 1—SUMMARY OF ESTIMATED COSTS AND BENEFITS Discussion of benefits and costs Low Mid High Benefits ($1,000) a ....................................................................... 5,585 5,585 5,585 Costs ($1,000) ............................................................................. 2,195.0 4,235.2 6,287.8 Net Benefits ($1,000) ................................................................... 3,389.7 1,349.5 ¥703.1 Industry Benefits .......................................................................... • Long-term efficiency