Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices 50013 

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

[Docket No. FSIS 2020–0031] 

Mandatory Inspection of Egg 

Substitutes and Freeze-Dried Egg 

Products Imported Into the United 

States 

AGENCY: Food Safety and Inspection 

Service, USDA. 

ACTION: Notice. 

SUMMARY: On October 29, 2020, the 

Food Safety and Inspection Service 

(FSIS) published the final rule, ‘‘Egg 

Products Inspection Regulations,’’ 

which, among other things, announced 

that FSIS would begin exercising 

jurisdiction over plants that produce egg 

substitutes and freeze-dried egg 

products on October 30, 2023. This 

notice provides information to foreign 

countries that already export these 

products to the United States, as well as 

countries interested in exporting these 

products to the United States, about 

submitting their equivalence 

documentation to FSIS so that the 

Agency can begin assessing their 

eligibility before October 30, 2023. 

DATES: Foreign countries currently 

exporting egg substitutes and/or freezedried egg products to the U.S. without 

an egg products inspection system 

equivalence determination by FSIS, as 

well as foreign countries not exporting 

that are interested in exporting such 

products to the United States under 

FSIS jurisdiction: 

• Must notify FSIS of their intention to 

export egg substitutes and freeze-dried egg 

products to the United States (Phase 1) by 

October 30, 2021. 

• Must submit a complete Self-Reporting 

Tool (SRT), including supporting 

documentation that demonstrates how a 

country’s egg products inspection system 

achieves an equivalent level of public health 

protection to FSIS’ egg products inspection 

system (Phase 2), by April 30, 2022. 

• Must have submitted complete SRT 

responses and supporting documentation to 

FSIS, and FSIS must have determined that 

the SRT submission demonstrates that the 

country maintains an equivalent documented 

egg products inspection system to FSIS’ egg 

products inspection system (Phase 3) by 

October 30, 2023. 

Foreign countries that currently 

maintain equivalent egg products 

inspection systems to FSIS’ inspection 

system for egg products inspection (i.e., 

Canada and the Netherlands) must 

submit an updated certified 

establishment list to include egg 

substitutes and/or freeze-dried egg 

products product groups by October 1, 

2023, if these countries are currently 

exporting these products or wish to 

begin exporting them to the United 

States after October 30, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Edelstein, Assistant 

Administrator, Office of Policy and 

Program Development, telephone (202) 

205–0495. 

SUPPLEMENTARY INFORMATION: By 

October 30, 2023, foreign countries that 

already export egg substitutes and 

freeze-dried egg products to the United 

States and wish to continue doing so 

must have submitted their equivalence 

documentation to FSIS, and FSIS must 

have determined that the country 

maintains an equivalent documented 

egg products inspection system to FSIS’ 

egg products inspection system. If a 

country does not submit the required 

documentation or FSIS has determined 

that the country does not maintain an 

equivalent documented egg products 

inspection system, the foreign country 

will not be eligible to export egg 

substitutes and freeze-dried egg 

products to the U.S. after October 30, 

2023. Foreign countries not exporting 

egg substitutes and freeze-dried egg 

products that are interested in exporting 

such products to the United States 

under FSIS jurisdiction will not be able 

to begin exporting them until October 

30,2023, after FSIS has determined that 

the country maintains an equivalent 

documented egg products inspection 

system. 

On October 30, 2023, egg substitutes 

and freeze-dried egg products will no 

longer be regulated by the U.S. Food 

and Drug Administration (FDA) but 

instead by FSIS, as they will be 

recognized as egg products under FSIS’ 

jurisdiction, and FSIS will begin to 

enforce its regulations regarding the 

inspection of domestically produced 

and imported egg substitutes and freezedried egg products (85 FR 68640). 

Egg substitutes are similar in 

formulation, if not identical in some 

cases, to egg products. Their processing 

also is like other egg products. The 

contamination risks associated with 

these types of products also are 

identical. For these reasons, FSIS 

determined that the processing of egg 

substitutes must take place within the 

framework of FSIS’ Hazard Analysis and 

Critical Control Point System and 

Sanitation Standard Operating 

Procedures framework. Similarly, the 

food safety risks associated with freezedried egg products are like those 

associated with frozen egg products, as 

freeze-dried egg products are 

pasteurized liquid egg products flash 

frozen and placed in a vacuum chamber 

where ice particles are removed. 

Foreign countries exporting egg 

substitutes and freeze-dried egg 

products to the United States, or 

countries interested in doing so, will 

need to demonstrate that their 

documented egg products inspection 

systems are equivalent to the U.S. 

system. Foreign countries already 

exporting egg substitute and freezedried egg products to the U.S. may 

continue to export these products, 

provided they actively work with FSIS 

while seeking an initial equivalence 

determination from the Agency. If they 

do not submit the required 

documentation, they will have to stop 

shipping such products to the United 

States. The FSIS equivalency process is 

described fully on the FSIS website at: 

https://www.fsis.usda.gov/inspection/ 

import-export/equivalence. 

Under 9 CFR 590.910(a), whenever it 

is determined by the Administrator that 

the system of egg products inspection 

maintained by any foreign country is 

such that the egg products produced in 

such country are processed, labeled, and 

packaged in accordance with, and 

otherwise comply with, the standards of 

the Act and the regulations including, 

but not limited to the sanitary, 

processing, facility, and Government 

inspection requirements in 9 CFR 

590.500 through 590.590, notice of that 

fact will be given according to 9 CFR 

590.910(b). 

In determining whether a foreign 

country maintains an equivalent egg 

products food safety inspection system, 

the Administrator will review the 

inspection regulations of the foreign 

country to determine how the 

inspection systems are administered in 

the foreign country. After approval of 

the inspection system, the 

Administrator may, as often and to the 

extent deemed necessary, authorize 

representatives of the Department to 

review the foreign inspection system to 

determine whether it is implemented in 

a manner equivalent to the U.S. 

inspection system. 

Once FSIS has determined that a 

foreign country maintains an equivalent 

egg products food safety inspection 

system and is eligible to export egg 

products to the United States, only 

establishments that the country’s central 

competent authority (CCA) has certified 

as complying with the requirements 

equivalent to U.S. requirements would 

be eligible to export egg substitutes and 

freeze-dried egg products to the United 

States. To ensure that all foreign 

countries that export, or wish to export, 

egg substitutes or freeze-dried egg 

products to the U.S., FSIS is 

implementing a three-phase plan to 

assist countries in demonstrating that 


sradovich on DSKJLST7X2PROD with NOTICES
50014 Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices 

their documented egg products 

inspection systems are equivalent to the 

U.S. system. 

During Phase 1, foreign countries that 

are currently exporting egg substitutes 

or freeze-dried egg products to the U.S. 

and do not currently maintain an 

equivalence determination by FSIS or 

foreign countries that are interested in 

exporting such products to the U.S. 

under FSIS jurisdiction should notify 

FSIS by October 30, 2021, of their desire 

to seek an initial equivalence 

determination for these products. 

Foreign countries should submit an 

official notification by email to FSIS’ 

Office of International Coordination at 

InternationalCoordination@usda.gov. 

Foreign countries already exporting 

such products to the United States will 

be permitted to continue to export these 

products while seeking an initial 

equivalence determination from FSIS. In 

response, FSIS will provide information 

on how to report necessary information 

to FSIS through the SRT, which is a 

questionnaire used by FSIS to assess 

whether a country maintains an 

equivalent documented food safety 

inspection system. 

During Phase 2, foreign countries are 

requested to submit a complete SRT, 

including supporting documentation 

that demonstrates how a country’s egg 

products inspection system achieves an 

equivalent level of public health 

protection to FSIS’ egg products 

inspection system, no later than April 

30, 2022. FSIS will review the SRT 

responses and supporting 

documentation to determine whether 

additional information is needed from 

the country. If additional information is 

needed, FSIS will follow-up with the 

appropriate CCAs to request additional 

information. Also, during Phase 2, 

between April 30, 2022, and April 30, 

2023, foreign countries should address 

any requests for additional information 

from FSIS and provide updated SRT 

responses and supporting 

documentation. During Phases 1 and 2, 

FSIS will review the SRT submissions 

and may ask foreign countries for 

additional information, as needed. 

During Phase 3, from April 30 to 

October 30, 2023, FSIS will continue to 

review and assess SRT responses and 

request additional information, if 

necessary. By the end of Phase 3, 

October 30, 2023, foreign countries that 

wish to continue exporting egg 

substitutes and freeze-dried egg 

products to the U.S. must have 

submitted complete SRT responses and 

supporting documentation to FSIS, and 

FSIS must have determined that the 

SRT submission demonstrates that the 

country maintains an equivalent 

documented egg products inspection 

system to FSIS’ egg products inspection 

system. If the country does not submit 

the required documentation or FSIS has 

determined that the country does not 

maintain an equivalent documented egg 

products inspection system, the foreign 

country will not be eligible to export egg 

substitutes and freeze-dried egg 

products to the U.S. after October 30, 

2023. 

Based on its review of the information 

and documentation that the country 

submits, FSIS will tentatively decide 

whether the foreign country’s egg 

products inspection system and 

requirements are equivalent to FSIS’, 

and if so, plan an onsite audit of the 

country’s egg products inspection 

system. If FSIS also tentatively finds the 

foreign country’s egg products 

inspection system equivalent based on 

the audit, FSIS will advance the 

equivalence determination through the 

Federal Register notice process 

announcing the results of the document 

review and onsite audit, proposing to 

add the country to its list of eligible 

exporting countries, and providing an 

opportunity for public comment. After 

analysis of public comments, FSIS will 

publish a Federal Register notice 

announcing its determination on the 

country’s eligibility and responding to 

comments. 

If a country currently maintains an 

equivalence determination from FSIS 

for their egg products inspection system, 

FSIS will request an updated certified 

establishment list by October 1, 2023, to 

include these product groups so that 

countries can continue to export these 

products to the United States after 

October 30, 2023. These countries are 

also required to meet all other 

requirements of the Egg Products Final 

Rule. 

Additional Public Notification 

Public awareness of all segments of 

rulemaking and policy development is 

important. Consequently, FSIS will 

announce this Federal Register 

publication on-line through the FSIS 

website located at: http://

www.fsis.usda.gov/federal-register. FSIS 

will also announce and provide a link 

to it 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 

our constituents and stakeholders. The 

Constituent Update is available on the 

FSIS web page. Through the web page, 

FSIS is able to provide information to a 

much broader, more diverse audience. 

In addition, FSIS offers an email 

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, regulations, directives, and 

notices. Customers can add or delete 

subscriptions themselves and have the 

option to password protect their 

accounts. 

USDA Nondiscrimination Statement 

In accordance with Federal civil 

rights law and U.S. Department of 

Agriculture (USDA) civil rights 

regulations and policies, the USDA, its 

Agencies, offices, and employees, and 

institutions participating in or 

administering USDA programs are 

prohibited from discriminating based on 

race, color, national origin, religion, sex, 

gender identity (including gender 

expression), sexual orientation, 

disability, age, marital status, family/ 

parental status, income derived from a 

public assistance program, political 

beliefs, or reprisal or retaliation for prior 

civil rights activity, in any program or 

activity conducted or funded by USDA 

(not all bases apply to all programs). 

Remedies and complaint filing 

deadlines vary by program or incident. 

Persons with disabilities who require 

alternative means of communication for 

program information (e.g., Braille, large 

print, audiotape, American Sign 

Language, etc.) should contact the 

responsible Agency or USDA’s TARGET 

Center at (202) 720–2600 (voice and 

TTY) or contact USDA through the 

Federal Relay Service at (800) 877–8339. 

Additionally, program information may 

be made available in languages other 

than English. 

To file a program discrimination 

complaint, complete the USDA Program 

Discrimination Complaint Form, AD– 

3027, found online at https://

www.usda.gov/oascr/how-to-file-aprogram-discrimination-complaint and 

at any USDA office or write a letter 

addressed to USDA and provide in the 

letter all of the information requested in 

the form. To request a copy of the 

complaint form, call (866) 632–9992. 

Submit your completed form or letter to 

USDA by: (1) Mail: U.S. Department of 

Agriculture, Office of the Assistant 

Secretary for Civil Rights, 1400 

Independence Avenue SW, Washington, 

DC 20250–9410; (2) fax: (202) 690–7442; 

or (3) email: program.intake@usda.gov. 


sradovich on DSKJLST7X2PROD with NOTICES
Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices 50015 

USDA is an equal opportunity 

provider, employer, and lender. 

Paul Kiecker, 

Administrator. 

[FR Doc. 2021–19264 Filed 9–3–21; 8:45 am] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF AGRICULTURE 

Rural Business-Cooperative Service 

[Docket No. RBS–21–BUSINESS–0028] 

Notice of Solicitation of Applications 

for Inviting Applications for the Rural 

Economic Development Loan and 

Grant Programs for Fiscal Year 2022 

AGENCY: Rural Business-Cooperative 

Service, USDA (Agency). 

ACTION: Notice. 

SUMMARY: The Rural BusinessCooperative Service (Agency), an agency 

of the United States Department of 

Agriculture (USDA) invites applications 

for loans and grants under the Rural 

Economic Development Loan and Grant 

Programs (REDLG or Programs) for fiscal 

year (FY) 2022, subject to the 

availability of funding. This notice is 

being issued to allow applicants 

sufficient time to leverage financing, 

prepare and submit their applications, 

and give the Agency time to process 

applications within FY 2022. Successful 

applications will be selected by the 

Agency for funding and subsequently 

awarded to the extent that funding may 

ultimately be made available through 

appropriations. An announcement on 

the Agency website at https://

www.rd.usda.gov/newsroom/noticessolicitation-applications-nosas will 

identify the amount received in the FY 

22 appropriations. 

DATES: The deadlines for completed 

applications to be received in the USDA 

Rural Development State Office for 

quarterly funding competitions are no 

later than 4:30 p.m. (local time) on: First 

Quarter, September 30, 2021; Second 

Quarter, December 31, 2021; Third 

Quarter, March 31, 2022 and Fourth 

Quarter, June 30, 2022. 

The application dates and times are 

firm. The Agency will not consider any 

application received after the deadline 

for funding competition in that fiscal 

quarter. 

Applicants intending to mail 

applications must allow sufficient time 

to permit deliver on or before the 

closing deadline date and time. 

Acceptance by the United States Postal 

Service or private mailer does not 

constitute delivery. 

Facsimile (FAX) or postage due 

applications will not be accepted. 

ADDRESSES: Applications must be 

submitted to the USDA Rural 

Development State Office for the state 

where the project is located. 

Applications may be submitted in paper 

or electronic format to the appropriate 

Rural Development State Office and 

must be received by 4:30 p.m. local time 

on the deadline date(s). Applicants are 

encouraged to contact their respective 

State Office for an email contact to 

submit an electronic application prior to 

the submission deadline date(s). A list 

of the USDA Rural Development State 

Office contacts can be found at: https:// 

www.rd.usda.gov/contact-us/stateoffices. This notice will also be 

announced at: https://grants.gov. 

FOR FURTHER INFORMATION CONTACT: 

Cindy Mason at cindy.mason@usda.gov, 

Program Management Division, 

Business Programs, Rural BusinessCooperative Service, U.S. Department of 

Agriculture, 1400 Independence Avenue 

SW, Stop 3226, Room 5160-South, 

Washington, DC 20250–3226, or call 

(202) 720–1400. For further information 

on this notice, please contact the USDA 

Rural Development State Office in the 

State in which the applicant’s 

headquarters is located. A list of Rural 

Development State Office contacts is 

provided at the following link: https:// 

www.rd.usda.gov/contact-us/stateoffices. 

SUPPLEMENTARY INFORMATION: The 

Agency encourages applicants to 

consider projects that will advance the 

key priorities below: 

• Assisting Rural communities 

recover economically from the impacts 

of the COVID–19 pandemic, particularly 

disadvantaged communities. 

• Ensuring all rural residents have 

equitable access to RD programs and 

benefits from RD funded projects. 

• Reducing climate pollution and 

increasing resilience to the impacts of 

climate change through economic 

support to rural communities. 

The Agency advises all interested 

parties that the applicant bears the 

burden in preparing and submitting an 

application in response to this notice 

whether or not funding is appropriated 

for these programs in FY 2022. 

If the proposal involves new 

construction; large increases in 

employment; hazardous waste; a change 

in use, size, capacity, purpose, or 

location from an original facility; or is 

publicly controversial, the following is 

required: environmental documentation 

in accordance with 7 CFR part 1970; 

financial and statistical information; 

and written project description. 

National Environmental Policy Act 

All recipients under this notice are 

subject to the requirements of 7 CFR 

1970, available at: https://rd.usda.gov/ 

resources/environmental-studies/ 

environmental-guidance. 

Intergovernmental Review 

This program is subject to Executive 

Order 12372, which requires 

intergovernmental consultation with 

state and local officials. Rural 

Development conducts 

intergovernmental consultation as 

implemented with 2 CFR part 415, 

subpart C. Not all States have chosen to 

participate in the intergovernmental 

review process. A list of participating 

States is available at the following 

website: https://www.whitehouse.gov/ 

omb/management/office-federalfinancial-management/. 

Overview 

Solicitation Opportunity Type: Rural 

Economic Development Loan and 

Grants. 

Announcement Type: Initial 

Solicitation Announcement. 

Catalog of Federal Domestic 

Assistance Number: 10.854. 

Dates: The deadlines for complete 

applications to be received in the USDA 

Rural Development State Office for 

quarterly funding competitions are no 

later than 4:30 p.m. (local time) on: First 

Quarter, September 30, 2021; Second 

Quarter, December 31, 2021; Third 

Quarter, March 31, 2022 and Fourth 

Quarter, June 30, 2022. 

Persistent poverty counties: 

The Further Consolidated 

Appropriations Act, 2020, SEC. 740 

designates funding for projects in 

persistent poverty counties. Persistent 

poverty counties as defined in SEC. 740 

is ‘‘any county that has had 20 percent 

or more of its population living in 

poverty over the past 30 years, as 

measured by the 1990 and 2000 

decennial censuses, and 2007–2011 

American Community Survey 5-year 

average, or any territory or possession of 

the United States’’. Another provision in 

SEC. 740 expands the eligible 

population in persistent poverty 

counties to include any county seat of 

such a persistent poverty county that 

has a population that does not exceed 

the authorized population limit by more 

than 10 percent. This provision expands 

the current 50,000 population limit to 

55,000 for only county seats located in 

persistent poverty counties. Therefore, 

applicants and/or beneficiaries of 

technical assistance services located in 

persistent poverty county seats with 

populations up to 55,000 (per the 2010 

Census) are eligible. 


sradovich on DSKJLST7X2PROD with NOTICES