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Rules and Regulations Federal Register

57725 

Vol. 70, No. 191 

Tuesday, October 4, 2005 

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

9 CFR Part 327 

[Docket No. 01–029F] 

RIN 0583–AC91 

Addition of San Marino to the List of 

Countries Eligible To Export Meat 

Products to the United States 

AGENCY: Food Safety and Inspection 

Service, USDA. 

ACTION: Final rule. 

SUMMARY: The Food Safety and 

Inspection Service (FSIS) is adding San 

Marino to the list of countries eligible to 

export meat products to the United 

States. FSIS conducted a thorough 

review of the San Marino meat 

processing inspection system, including 

an on-site review of the San Marino 

meat processing inspection system in 

operation. FSIS concluded that San 

Marino’s meat processing 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 San 

Marino’s implementation of meat 

processing standards and procedures is 

equivalent to that of the United States. 

Meat products from San Marino may 

be imported into the United States only 

if these products are processed in 

certified establishments in San Marino 

and are derived from animals that were 

slaughtered only in certified 

establishments located in other 

countries that are eligible to export meat 

to the United States as a result of their 

slaughter inspection systems having 

been found equivalent to that of the 

United States. At present, San Marino 

will be eligible to export only processed 

pork products and not meat food 

products containing livestock product 

other than pork to the United States. 

San Marino did not ask to be approved 

for slaughter of pork. All meat products 

exported from San Marino to the United 

States will be subject to reinspection at 

the U.S. ports-of-entry by FSIS 

inspectors as required by law. 

EFFECTIVE DATE: November 3, 2005. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Sally White, Director, International 

Equivalence Staff, Office of 

International Affairs; (202) 720–6400. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 13, 2004, FSIS published 

a proposal in the Federal Register (69 

FR 50086–50088) to add San Marino to 

the list of countries eligible to export 

meat and meat products to the United 

States. As discussed in that proposed 

rulemaking, in 1997 the government of 

San Marino requested approval to 

export meat and meat products to the 

United States. In response to this 

request, FSIS conducted a thorough 

review of the San Marino meat 

processing inspection system to 

determine whether it is equivalent to 

the U.S. meat inspection system. San 

Marino did not ask FSIS to review its 

slaughter system for equivalency to the 

U.S. meat inspection system. FSIS 

concluded that the requirements 

contained in San Marino’s meat 

inspection laws and regulations 

pertaining to its meat processing system 

are equivalent to those mandated by the 

FMIA and implementing regulations. 

FSIS then conducted an on-site review 

of the San Marino meat processing 

inspection system in operation. The 

FSIS review team concluded that San 

Marino’s implementation of meat 

processing standards and procedures is 

equivalent to that of the United States. 

The government of San Marino will 

certify to FSIS establishments eligible to 

export products to the United States. 

FSIS will retain the right to verify that 

establishments certified by the San 

Marino government are meeting 

requirements 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. 

At present, San Marino has certified 

only one establishment wishing to 

export processed pork products as 

eligible to export meat food products 

into the United States. 

Comments 

FSIS received no comments on the 

proposed rule. 

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). 

There is only one establishment in 

San Marino that has applied to export 

meat products to the United States. This 

establishment will export non-shelf 

stable cooked pork products. U.S. 

imports from this establishment are 

expected to total approximately 500,000 

pounds per year. 

Adoption of this rule will continue to 

open trade between the U.S. and San 

Marino, which over the past decade has 

consisted of U.S. firms occasionally 

exporting small amounts of pork and 

poultry products to San Marino. This 

rule will also increase the U.S. food 

supply. 

The impact of this rule on U.S. 

consumers is voluntary in that 

consumers will not be required to 

purchase meat products produced and 

processed in San Marino, 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 

57726 Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / Rules and Regulations 

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 San Marino. 

Again, it must be noted that the volume 

of trade stimulated by this rule will be 

very small, likely having little effect on 

supply and prices. Nonetheless, it is 

possible that U.S. firms that produce 

products that would compete with San 

Marino imports could face short-term 

difficulty. In the long run, however, 

such firms could adjust their product 

mix in order to compete effectively. 

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 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 rule will add 

San Marino to the list of countries 

eligible to export meat products into the 

United States. Currently, only one San 

Marino establishment has applied to 

export product to the United States. 

This establishment is planning to export 

approximately 500,000 pounds of nonshelf stable cooked pork products to the 

United States per year. The volume of 

trade stimulated by this rule would be 

very small, likely having little effect on 

supply and prices. Therefore, this 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 rule. A foreign 

country wanting to export livestock 

products to the United States is required 

to provide information to FSIS 

certifying that its inspection system 

provides standards equivalent to those 

of the United States and that the legal 

authority for the system and its 

implementing regulations are equivalent 

to those of the United States before it 

may start exporting such product to the 

United States. FSIS collects this 

information one time only. FSIS gave 

San Marino 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 proposed 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 at http:// 

www.fsis.usda.gov/regulations/ 

2005_Proposed _Rules_Index/. 

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 that 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/ 

email_subscription/ and allows FSIS 

customers to sign up for subscription 

options in 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 

accounts. 

List of Subjects in 9 CFR Part 327 

Imports, Meat and meat products. 

■ For the reasons set out in the 

preamble, 9 CFR part 327 is amended as 

follows: 

PART 327—IMPORTED PRODUCTS 

■ 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. 

§ 327.2 [Amended] 

■ 2. Section 327.2 is amended by 

redesignating footnote 1 as footnote 2, 

adding ‘‘San Marino 1’’ in alphabetical 

order to the list of countries in 

paragraph (b), and by adding a new 

footnote 1 to read as follows: 

§ 327.2 Eligibility of foreign countries for 

importation of products into the United 

States. 

* * * * * 

(b) * * * San Marino 1 * * * 

1 Equivalent for processing inspection system 

only. 

Done at Washington, DC, on September 28, 

2005. 

Barbara J. Masters, 

Administrator. 

[FR Doc. 05–19774 Filed 10–3–05; 8:45 am] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM327, Special Conditions No. 

25–297–SC] 

Special Conditions: Boeing Model 

720B; High Intensity Radiated Fields 

(HIRF) 

AGENCY: Federal Aviation 

Administration (FAA) DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Boeing Model 720B 

airplane. The airplane will have novel 

and unusual design features when 

compared to the state of technology 

envisioned in the airworthiness 

standards for transport category 

airplanes. The modification