19686 Federal Register / Vol. 60, No. 76 / Thursday, April 20, 1995 / Proposed Rules

before export overseas to maintain

records that identify the incoming

product, i.e, poultry feet, and their

source, and identify the location of the

product at all times during the

processing and preparation for export.

In addition, an establishment official

would certify that the poultry feet have

not been and will not be commingled

with any products intended for human

consumption within the United States.

These recordkeeping requirements

would enable FSIS and the receiving

processing establishments to accurately

identify and locate the undenatured

poultry feet intended for export while

still in the central establishment. FSIS

could then determine that the product

has not been commingled with any

products intended for domestic

consumption.

Executive Order 12866

This proposed rule has been

determined to be not significant and

therefore has not been reviewed by the

Office of Management and Budget.

Executive Order 12778

This proposed rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. States and local

jurisdictions are preempted under the

Poultry Products Inspection Act (PPIA)

from imposing any marking or

packaging requirements on federally

inspected poultry products that are in

addition to, or different than, those

imposed under the PPIA. States and

local jurisdictions may, however,

exercise concurrent jurisdiction over

poultry products that are outside official

establishments for the purpose of

preventing the distribution of poultry

products that are misbranded or

adulterated under the PPIA, or, in the

case of imported articles, which are not

at such an establishment, after their

entry into the United States. Under the

PPIA, States that maintain poultry

inspection programs must impose

requirements on State inspected

products and establishments that are at

least equal to those required under the

PPIA. These States may, however,

impose more stringent requirements on

such State inspected products and

establishments.

This proposed rule is not intended to

have retroactive effect.

There are no applicable

administrative procedures that must be

exhausted prior to any judicial

challenge to the provisions of this

proposed rule. However, the

administrative procedures specified in 9

CFR 381.35 must be exhausted prior to

any judicial challenge of the application

of the provisions of this proposed rule,

if the challenge involves any decision of

an FSIS employee relating to inspection

services provided under the PPIA.

Effect on Small Entities

The Administrator has made an initial

determination that this proposed rule

would not have a significant economic

impact on a substantial number of small

entities, as defined by the Regulatory

Flexibility Act (5 U.S.C. 601). This

proposal would require establishments

that receive undenatured poultry feet for

processing prior to export to record the

source of the incoming product, identify

its location at all times during

processing and preparation for export,

and certify that the product has not

been, nor will be, commingled with any

product intended for domestic use.

While some establishments may have to

change their current recordkeeping

practices and make changes to their

production practices to accommodate

the proposed recordkeeping

requirements, no significant economic

impact would be imposed on the

establishments.

Paperwork Requirements

Under this proposed rule, receiving

poultry processing establishments

would be required to maintain records

that indicate the source of the incoming

undenatured poultry feet, and track the

poultry feet through processing and

preparation for export. In addition, an

official of the receiving establishment

would certify in writing that the feet

have not been, nor will be, commingled

with any product intended for

consumption in the United States.

Establishments would develop their

own systems for gathering and

maintaining this information. These

recordkeeping requirements have been

submitted to the Office of Management

and Budget for approval under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

List of Subjects in 9 CFR Part 381

Exports, Poultry and poultry

products, Reporting and recordkeeping

requirements, Transportation.

For the reasons set forth in the

preamble, FSIS is proposing to amend 9

CFR part 381 as follows:

PART 381—POULTRY PRODUCTS

INSPECTION REGULATIONS

1. The authority citation for part 381

would continue to read as follows:

Authority: 7 U.S.C. 138f; 7 U.S.C. 450; 21

U.S.C. 451–470; 7 CFR 2.17, 2.55.

2. Section 381.190 would be amended

by revising the phrase ‘‘in subpart C or

T’’ in the first sentence of paragraph (b)

to read ‘‘in this subsection and subpart

C or T’’ and disignating that sentence as

paragraph (b)(1); revising the second

sentence and designating it and the final

two sentences of paragraph (b) as

paragraph (b)(2), and adding a new

paragraph (b)(3) to read as follows:

§ 381.190 Transactions in slaughtered

poultry and other poultry products

restricted; vehicle sanitation requirements.

* * * * *

(b)(1) * * *

(2) Poultry heads and feet that are

collected and handled at an official

establishment in an acceptable manner

may be shipped from the official

establishment directly for export as

human food, if they have been

examined and found to be suitable for

such purpose, by an inspector and are

labeled as prescribed in this paragraph.

* * *

(3) Poultry heads and feet that are

collected and handled at an official

establishment in an acceptable manner

may be shipped from the official

establishment and in commerce directly

to another official establishment for

processing before export, provided the

receiving establishment maintains

records that:

(i) Identify the source of the incoming

undenatured poultry feet;

(ii) Identify the location of the

product at all times during processing

and preparation for export; and

(iii) Contain a written certification

from an official of the receiving

establishment that the undenatured

poultry feet intended for export have

not been, and will not be, commingled

with any product intended for

consumption in the United States. The

receiving establishment may only ship

the undenatured poultry feet intended

for export in accordance with the

inspection and labeling requirements of

paragraph (b)(2) of this section.

* * * * *

Dated: April 12, 1995.

Michael R. Taylor,

Acting Under Secretary for Food Safety.

[FR Doc. 95–9665 Filed 4–19–95; 8:45 am]

BILLING CODE 3410–DM–P

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 50

Public Meeting on Results of Pilot Site

Visits and Revision to Maintenance

Inspection Guidance

AGENCY: Nuclear Regulatory

Commission.

ACTION: Announcement of meeting.
Federal Register / Vol. 60, No. 76 / Thursday, April 20, 1995 / Proposed Rules 19687

SUMMARY: The United States Nuclear

Regulatory Commission (USNRC) will

hold a public workshop to discuss the

results of nine pilot site visits which

were conducted to assess the adequacy

of the draft maintenance rule inspection

procedure developed for use by NRC

inspectors to verify the implementation

of the maintenance rule. This document

is necessary to inform the public that

the meeting is open to the public as

observers.

DATES: The meeting will be held on June

27, 1995, from 9:00 am to 5:00 pm. The

workshop will provide the participants

an opportunity to ask questions, make

comments during the discussion, or

submit written comments for NRC

consideration. Written comments

received from interested parties unable

to attend the workshop will also be

considered through July 15, 1995.

ADDRESSES: The meeting will be held at

the Stouffers Concourse (Airport) Hotel,

9801 Natural Bridge Road, St. Louis,

MO 63134, (Fax) (314) 429–3466.

Written comments may be provided at

this meeting or submitted after the

meeting. Registration forms or further

information should be addressed to

Ronald Frahm (See FOR FURTHER

INFORMATION CONTACT).

To ensure that adequate seating is

available, persons planning to attend the

workshop are requested to either call

the contact designated below or

complete and forward the attached

registration form to the same contact by

May 30, 1995. A block of rooms has

been reserved at the Stouffers Concourse

Hotel, St. Louis, Missouri, (314) 429–

1100, for the convenience of meeting

attendees. These rooms will be available

at a reduced group rate until May 22,

1995. Attendees should identify

themselves with the NRC Maintenance

Workshop NRC–0626 to ensure the

group rate. The NRC, however, does not

encourage nor support frequenting this

or any other specific establishment.

The original draft procedure

‘‘Maintenance Inspection Procedure

XXXXX’’ (dated July 25, 1994) is

publicly available at the NRC Public

Document Room, 2120 L Street, NW.

(Lower Level), Washington, DC 20555–

0001. A revised draft revision of the

inspection procedure, including

changes from the previous workshop

(March 31, 1994), and lessons learned

from the pilot site visits will be made

available at the workshop for

discussion.

FOR FURTHER INFORMATION CONTACT:

Ronald Frahm, Jr. M/S 010–A19 U.S.

Nuclear Regulatory Commission, Office

of Nuclear Reactor Regulation,

Washington, DC 20555, Telephone (301)

415–2986; FAX 301–415–2260;

INTERNET:RKF@NRC.GOV

SUPPLEMENTARY INFORMATION: The draft

NRC Inspection Procedure

‘‘Maintenance Inspection Procedure

XXXXX’’ was developed for inspectors

to ascertain whether licensees have

satisfactorily implemented the

requirements of the maintenance rule.

The procedure is also structured to

verify conformance with the

maintenance rule for licensees using

NUMARC 93–01, ‘‘Industry Guidance

for Monitoring the Effectiveness of

Maintenance at Nuclear Power Plants,’’

as implementing guidance.

At the workshop, NRC representatives

will present an overview of the pilot site

visit program, revisions to the draft

inspection procedure and, as applicable,

issues related to the maintenance rule

and the NUMARC 93–01 industry

guidance. NRC regional inspection

representatives will be available to

participate in the discussions. The

workshop will conclude with a

summary of the major issues identified

at the meeting.

On July 10, 1991 (56 FR 31306), the

NRC published the ‘‘Requirements for

Monitoring the Effectiveness of

Maintenance at Nuclear Power Plants’’

as § 50.65 of 10 CFR 50 ‘‘Domestic

Licensing of Production and Utilization

Facilities.’’ The maintenance rule will

become effective on July 10, 1996. The

five year period to implement the rule

permits time to develop implementation

guidance, inspection procedures, and

sufficient time for licensees to have in

place the necessary controls that ensure

conformance with the rule

requirements. The Commission’s

determination that a maintenance rule

was needed arose from the conclusion

that proper maintenance is essential to

plant safety, especially as plants age.

Shortly after the maintenance rule was

published, the NRC and the Nuclear

Management and Resource Council

(NUMARC) embarked on parallel efforts

to develop rule implementation

guidance. The NRC staff review of the

NUMARC document found that it

provided an acceptable method for

licensees to implement the requirements

of the maintenance rule. In June 1993,

the Commission issued Regulatory

Guide 1.160 which endorsed the

NUMARC guidance NUMARC 93–01,

‘‘Industry Guideline for Monitoring the

Effectiveness of Maintenance at Nuclear

Power Plants,’’ dated May 1993.

Subsequently a verification and

validation (V & V) program was also

conducted by NUMARC, with NRC staff

observation, to test its guidance on

several representative systems by eight

nuclear utilities at nine nuclear units.

The V & V effort concluded that the

guidelines were adequate to implement

the maintenance rule.

The NRC staff developed a draft

inspection procedure to be used by NRC

inspectors to verify the implementation

of the maintenance rule requirements.

The NRC staff, with NEI representatives

observing, validated the inspection

procedure during pilot inspection visits

at nine volunteer nuclear power

facilities between September 1994 and

March 1995. After considering the

comments obtained from the previous

maintenance rule inspection procedure

workshop conducted in March 1994,

and information gathered during the

pilot site visits, the NRC staff revised

the inspection procedure and is

conducting this workshop to provide

interested parties another opportunity to

participate in discussions on the lessons

learned from the pilot site visits and the

final revision of the inspection

procedure.

Dated at Rockville, Maryland, this 14th day

of April 1995.

For the Nuclear Regulatory Commission.

Richard Correia,

Chief, Reliability and Maintenance Section,

Quality Assurance and Maintenance Branch,

Division of Technical Support, Office of

Nuclear Reactor Regulation.

BILLING CODE 7590–01–M
19688 Federal Register / Vol. 60, No. 76 / Thursday, April 20, 1995 / Proposed Rules

[FR Doc. 95–9764 Filed 4–19–95; 8:45 am]

BILLING CODE 7590–01–C