This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

42056 

Vol. 82, No. 171 

Wednesday, September 6, 2017 

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

[Docket No. FSIS–2017–0008] 

Public Health Information System 

(PHIS) Export Component Country 

Implementation 

AGENCY: Food Safety and Inspection 

Service, USDA. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Food Safety and 

Inspection Service (FSIS) is announcing 

and requesting comment on its plan to 

implement the Public Health 

Information System (PHIS) Export 

Component. In response to stakeholder 

feedback and to ensure sufficient testing 

and outreach, FSIS is extending the 

implementation date of the PHIS Export 

Component to June 29, 2018. FSIS will 

first implement the PHIS Export 

Component with a limited number of 

foreign countries and will expand 

implementation to add countries 

incrementally. 

DATES: Submit comments on or before 

October 6, 2017. 

ADDRESSES: FSIS invites interested 

persons to submit comments on issues 

discussed and outlined in this notice. 

Comments may be submitted by one of 

the following methods: 

Federal eRulemaking Portal: This 

Web site provides the ability to type 

short comments directly into the 

comment field on this Web page or 

attach a file for lengthier comments. Go 

to http://www.regulations.gov/. Follow 

the on-line instructions at that site for 

submitting comments. 

Mail, CD–ROMs: Send to Docket 

Clerk, U.S. Department of Agriculture, 

Food Safety and Inspection Service, 

Patriots Plaza 3, 1400 Independence 

Avenue SW., Mailstop 3782, Room 

8–163B, Washington, DC 20250–3700. 

Hand- or courier-delivered submittals: 

Deliver to Patriots Plaza 3, 355 E Street 

SW., Room 8–163A, Washington, DC 

20250–3700. 

Instructions: All items submitted by 

mail or electronic mail must include the 

Agency name and docket number FSIS– 

2017–0008. Comments received in 

response to this docket will be made 

available for public inspection and 

posted without change, including any 

personal information, to http://

www.regulations.gov. 

Docket: For access to background 

documents or to comments received, go 

to the FSIS Docket Room at Patriots 

Plaza 3, 355 E Street SW., Room 

164–A, Washington, DC 20250–3700 

between 8:00 a.m. and 4:30 p.m., 

Monday through Friday. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Edelstein, Deputy Assistant 

Administrator, Office of Policy and 

Program Development; Telephone: (202) 

205–0495, or by Fax: (202) 720–2025. 

Background 

On June 29, 2016, the Food Safety and 

Inspection Service (FSIS) published the 

final rule, ‘‘Electronic Export 

Application and Certification Charge; 

Flexibility in the Requirements for 

Export Inspection Marks, Devices, and 

Certificates; Egg Products Export 

Certification’’ (81 FR 42225). The rule 

can be found online at https://

www.fsis.usda.gov/wps/wcm/connect/ 

3538b05e-151c-4d82-8664- 

096452a32778/2009- 

0026.pdf?MOD=AJPERES, and FSIS 

notified the World Trade Organization 

of the rule (G/TBT/N/USA/678/Add.1). 

The final rule provided for an electronic 

export application and certification 

system—the Public Health Information 

System (PHIS) Export Component—in 

the meat, poultry, and egg product 

regulations. 

When the PHIS Export Component is 

incrementally deployed to specific 

countries, as outlined below, it will 

provide the following improvements: 

• FSIS will electronically inventory 

and track export certificate information, 

which will enable FSIS Inspection 

Program Personnel (IPP) to review exact 

images (i.e., portable document format 

(PDF)) of export certification documents 

prior to approval; 

• Exporters will be able to 

electronically submit, track, and manage 

applications for export certificates, 

including capabilities to bundle 

multiple applications into a single file; 

• Foreign governments will be able to 

view all export certificates for product 

intended for their country issued by 

FSIS in PHIS, as a digital image, through 

an FSIS-controlled log-in feature, 

Foreign Country Log-in (FCL). 

New Implementation Date 

The final export rule stated that FSIS 

would begin implementing the PHIS 

Export Component on June 29, 2017. 

However, to ensure sufficient testing 

and outreach to all stakeholders, FSIS is 

delaying the implementation date of the 

PHIS Export Component to June 29, 

2018. On March 27, 2017, FSIS held a 

PHIS Export Component technical 

webinar to share information and solicit 

comments on implementation plans. 

During and after the webinar, FSIS 

received requests from industry to delay 

implementation of the system, to ensure 

that all stakeholders are prepared and 

the system is performing effectively. 

After considering these requests, FSIS 

agreed to extend the implementation 

date for an additional year (June 29, 

2018). More information from the March 

27 webinar, including audio and 

transcripts, can be found on FSIS’s PHIS 

Export Component Web page at https:// 

www.fsis.usda.gov/wps/portal/fsis/ 

topics/international-affairs/exportingproducts/phis-export-component. 

Country Rollout Schedule 

On June 29, 2018, FSIS will 

implement the PHIS Export Component 

with a limited number of countries, and 

then gradually expand implementation 

to additional countries. Countries will 

be added incrementally in groups. This 

Notice announces the first group FSIS 

intends to include (June 2018; see below 

for the Group 1 country list). FSIS will 

announce future groups in advance on 

the PHIS Export Component Web page 

at https://www.fsis.usda.gov/wps/ 

portal/fsis/topics/international-affairs/ 

exporting-products/phis-exportcomponent. Initially, only meat 

(including Siluriformes) and poultry 

products will be included in the PHIS 

Export Component; egg products and 

casings will be added at a later date, 

which FSIS will announce in advance 

through the Federal Register, FSIS 

Constituent Update, or other 

appropriate means. 

Beginning on June 29, 2018, FSIS 

intends to include Australia, New 


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Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Notices 42057 

Zealand, and the United Arab Emirates 

(UAE) in Group 1 of the PHIS Export 

Component. These countries are 

familiar with technological changes to 

certification systems; use English; and, 

in combination, import a moderate 

amount of the major product classes 

under FSIS’s jurisdiction, giving FSIS 

sufficient data to assess system 

performance. Selection of these 

countries reflects FSIS’s consideration 

of public comments received on topics 

presented at an April 2, 2015, 

conference call, which recommended 

implementing one or more smaller 

volume, relatively simple certification 

countries before moving to higher 

volume, complex certification countries. 

FSIS welcomes public comment on the 

selection of these three countries for 

initial implementation, including 

feedback on the feasibility of 

accommodating these countries’ 

certification requirements through the 

PHIS Export Component process. 

In Group 1, FSIS is also including 16 

countries that do not maintain meat or 

poultry requirements in the FSIS Export 

Library: Afghanistan, Andorra, 

Bahamas, Bolivia, Burundi, Cape Verde, 

Cook Islands, Ethiopia, Gambia, Guinea, 

Liberia, Mozambique, Paraguay, San 

Marino, Tanzania and Uganda. 

Additional countries without export 

library requirements will be added to 

each group as the Export Component 

rollout proceeds. FSIS may accelerate or 

decelerate the schedule, depending on 

the system’s performance. Based on 

FSIS’s experience with implementing 

other components of PHIS, unforeseen 

implementation issues may arise, such 

as the system’s performance, training 

concerns, or questions from importing 

countries or FSIS IPP. In the first 

country group, FSIS will be working 

with foreign governments on a moderate 

amount of product, rather than on high 

product volumes that could more 

severely and unnecessarily disrupt 

commerce with major trading partners. 

Starting with low or mid-range volume 

countries will allow FSIS to build a 

foundation for more efficient, 

subsequent implementation with 

higher-volume countries that have more 

complex certification processes, for 

which effective outreach and 

implementation of the PHIS Export 

Component will be critical. 

Application for Export Certificate 

FSIS regulations (9 CFR 322.2 and 

381.105) require that the FSIS 

Application for Export Certificate (FSIS 

Form 9060–6) be submitted to obtain an 

FSIS Export Certificate of 

Wholesomeness (FSIS Form 9060–5). 

FSIS Form 9060–6 provides FSIS with 

important data necessary to certify and 

facilitate the export of product. 

Beginning on June 29, 2018, 

applicants for export certification to 

countries included in the Export 

Component (e.g. Australia, New 

Zealand, UAE, and 16 listed countries) 

will complete either (1) an electronic 

export application in PHIS (i.e. 

individual application or batch of 

applications), or (2) send a paper export 

application (FSIS Form 9060–6) and any 

required supplemental documents to the 

FSIS proxy (Urbandale, IA) for data 

entry into PHIS. Applicants who choose 

to use paper applications can email or 

mail the completed application, and any 

additional information required by the 

foreign country, to FSIS for entry into 

PHIS at: 

Email: FSCExport.Recon@

fsis.usda.gov. 

Mail: U.S. Department of Agriculture, 

Food Safety and Inspection Service, 

FMD, Financial Services Center, P.O. 

Box 9205, Des Moines, IA 50306–9948. 

Applicants who choose to use paper 

applications can only use fax to send 

the completed application (FSIS Form 

9060–6) to FSIS when no additional 

supplemental documents (e.g. letterhead 

certificates) are required by the 

importing country in the FSIS Export 

Library. Faxes should be sent to: 1–844– 

378–1048. 

As is done currently, in order for FSIS 

to be able to issue a certificate stating 

that a shipment meets the country’s 

requirements, applicants are required to 

submit complete documentation, based 

on requirements found in the FSIS 

Export Library, to receive the requested 

certification. 

Regardless of the method the 

applicant chooses to submit the 

application, the end result of the export 

certification process and IPP verification 

activities will be the same. Starting no 

sooner than January 1, 2019, FSIS will 

assess fees for electronic export 

certificate applications, as is discussed 

below. 

The application process will not 

change how reimbursable services are 

charged by FSIS IPP, as described in the 

12,000 Series of FSIS Directives on 

Voluntary Inspection (https://

www.fsis.usda.gov/wps/portal/fsis/ 

topics/regulations/directives/12000- 

series). When requested, FSIS provides 

reimbursable inspection services to 

accommodate business needs, such as 

obtaining export certifications necessary 

to meet requirements of importing 

countries that are not imposed by FSIS, 

and are in addition to FSIS 

requirements. 

In PHIS, export applicants can 

withdraw or cancel an export 

application at any point in the approval 

process prior to IPP approving the 

export application in PHIS. Once an 

application is withdrawn or cancelled 

by the applicant in PHIS, that 

application is no longer valid for export 

and is removed from the PHIS user 

interface. Applicants will still be 

charged for all applications whether 

they are processed or withdrawn. 

For all countries not yet included in 

the Export Component, applicants 

should follow current export 

application procedures. 

Of note, to make the application (FSIS 

Form 9060–6) more user-friendly, 

prepare for its use in both a paper and 

electronic format, better align with 

commonly accepted international 

(Codex Alimentarius, CAC/GL 38–2001) 

guidance and ensure importing country 

requirements are met, FSIS has revised 

the data elements within FSIS form 

9060–6: Application for Export 

Certificate. Industry is not to use this 

revised application until June 29, 2018. 

Furthermore, FSIS is eliminating a 

previously approved form associated 

with the 9060–6—the Product List (FSIS 

Form 9080–4). Certain limited data 

elements related to product information 

will be moved from FSIS Form 9080–4 

to FSIS Form 9060–6 (HACCP Category; 

Maturity Less than 30 months (beef 

only); Frozen/Shelf-Stable). 

Electronic Export Application Fee 

The PHIS Export Component will 

provide new service options to 

exporters, enabling them to 

electronically submit, track, and manage 

their export applications. Therefore, to 

cover the costs of providing the 

electronic application and certification 

service, FSIS established a formulabased fee for electronic export 

applications submitted in PHIS, under 

the authority of the Agricultural 

Marketing Act (7 U.S.C. 1622(h)) and 

implementing FSIS regulations (9 CFR 

350.7; 350.3(b); 362.2(b); 362.5). 

The final export rule stated that the 

formula-based fee for electronic export 

applications would apply on June 29, 

2017; however, to ensure system 

performance and the accuracy of 

estimates in the fee formula, FSIS will 

not begin assessing the fee prior to 

January 1, 2019, and will recalculate the 

fee based on the best available estimates 

for costs and number of applications. 

The updated fee will be published in 

the Federal Register no later than 30 

days prior to its assessment. 

As stated in the final export rule, the 

final electronic export application fee 

formula is as follows: 


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The formula elements, summarized 

below, are the sum of labor and IT costs, 

divided by the total number of export 

applications. 

Labor Costs 

Æ Technical Support: This cost 

includes Service Desk support such as 

resolving user problems with the 

application services, identifying web 

browser compatibility issues, and fees 

from establishments and facilities that 

request this service. 

Æ Export Library Maintenance: This 

cost includes funding two full-time 

employees to provide Export Library 

functions, includes the writing, testing, 

and maintenance of complex business 

rules for evaluating the export 

application that is submitted into the 

PHIS export system. The business rules 

allow the system to determine product 

eligibility before the system accepts the 

application and transmits it to 

inspection program personnel. The 

business rules also facilitate the type of 

export certification required by the 

foreign government that will be issued 

when the application is accepted. 

IT Cost 

Æ Ongoing Operations & 

Maintenance: This cost includes 

improvements and necessary repairs to 

keep the system responsive to users’ 

needs, including modifying the 

application based on changes in 

requirements or user needs, adding 

functionality based on foreign 

regulatory changes, upkeep of the 

system to ensure a secure operating 

environment that protects the data, and 

costs to operate the system components. 

This cost may increase in future years 

based on General Services 

Administration (GSA) schedule 

increases in labor rates and other 

factors. 

Æ Level 2 eAuthentication: This cost 

is currently zero, but may increase in 

future years based on a variety of 

factors, including the number of export 

business customers annually. 

Number of Export Applications: This 

estimate is the approximate total 

number of export applications 

submitted to FSIS annually. 

FSIS Export Certificate of 

Wholesomeness 

On June 29, 2018, the PHIS Export 

Component will have the ability to 

digitally sign export certificates (FSIS 

Form 9060–5) from the FSIS certifying 

official. This feature will provide an 

additional layer of security for the 

exporter and the importing country’s 

government. At the time the signature is 

applied, PHIS will execute security 

checks to validate that the digital 

signature is that of the FSIS certifying 

official. The digital signature will 

include the printed name of the FSIS 

certifying official, and the time and date 

that the signature was applied. This 

feature, along with other security 

features of the PHIS export component, 

such as FSIS-controlled security paper 

on which certificates will be printed, 

will provide maximum assurance that 

export certificates are authentic. 

FSIS may also provide certificates 

signed by FSIS certifying officials with 

an ink signature, as is done currently. 

The export certificate, signed either 

digitally or with an ink signature, will 

be printed from PHIS on security paper 

(81⁄2′′ × 11′′), and given to the exporter. 

FSIS will scan copies of all signed 

certification documents (e.g. 9060–5, 

supplemental letterhead certificates) 

into PHIS before releasing the signed 

original certification documents to the 

exporter. Unless specified that a digital 

signature is required or allowed in the 

FSIS Export Library, FSIS certifying 

officials will sign all export documents 

with an ink signature, as is done 

currently. Any supplemental 

documents, such as letterhead 

certificates, will be printed on standard 

81⁄2′′ × 11′′ white copy paper. 

Of note, FSIS has made limited 

revisions to data elements in the FSIS 

Form 9060–5 to better align with 

commonly accepted international 

(Codex Alimentarius, CAC/GL 38–2001) 

guidance and to ensure importing 

country requirements are met. When 

additional space for products or 

statements is necessary with a 9060–5, 

PHIS will also generate FSIS Form 

9060–5A (product continuation page), 

which is an existing addendum that 

FSIS has aligned with the revised 9060– 

5; and FSIS Form 9060–5B (remarks 

continuation page), a new addendum to 

provide more space for additional 

attestations, when required by the 

importing country. These updated 

certification documents will be 

implemented with the PHIS Export 

Component, on June 29, 2018. 

Country-specific letterhead 

certificates, and other required 

supplemental documentation, will not 

be produced by PHIS. Applicants will 

complete any required supplemental 

documents (e.g. letterhead certificates) 

and upload them to the electronic 

application in PHIS, or include the 

supplemental documents with the 

export package they send to the FSIS 

proxy. 

Batch Processing 

The PHIS Export Component will 

allow exporters to bundle multiple 

applications, including any 

supplemental documents (e.g. letterhead 

certificates) required by the importing 

country, into a single file, known as 

batch processing. To maintain system 

functionality, FSIS reserves the right to 

place limits on batch processing as 

needed or required by PHIS. FSIS 

intends to test batch processing with 

industry users before implementation to 

ensure functionality. Upon 

implementation, FSIS will provide help 

desk support for batch processing issues 

(see FSIS’s PHIS Export Component 

Web page at https://www.fsis.usda.gov/ 

wps/portal/fsis/topics/internationalaffairs/exporting-products/phis-exportcomponent for updates). 

Level 2 eAuthentication/Foreign 

Country Log-In 

When the PHIS Export Component is 

implemented, foreign government 

officials will have the capability to view 

all export certificates issued by FSIS in 

PHIS, as a digital image, for product 

destined for the government’s country, 

through an FSIS-controlled log-in 

feature (Foreign Country Log-in, FCL). 

In addition, the original certificates will 

be printed on paper and will arrive with 

the shipment, whether FSIS inspection 

personnel apply the signature digitally 

or with ink. Importing government 

officials will be able to compare digital 

certificate copies in the FCL with the 


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Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Notices 42059 

original certification documents arriving 

at the country’s port of entry, to verify 

that the digital certificate copies align 

with the original certificates arriving 

with the shipment. A Level 2 

eAuthentication account is necessary to 

access the FCL. An eAuthentication 

account is the way for a user to interact 

with USDA Web site portals and 

applications using a verified identity for 

each User ID and profile. Prior to 

implementation of the PHIS Export 

Component, FSIS will provide further 

guidance on this process. 

USDA Export Stamp 

The USDA export stamp bears the 

export certificate number, and is used to 

link the consignment to the 

corresponding export certificate. 

Beginning on the applicability date of 

June 29, 2018, FSIS is changing the 

number of digits in the serial number 

that appears on both the export stamp 

and the corresponding export certificate 

from six to seven numbers. Use of an 

alternative, alpha-numeric unique 

identifier in place of the USDA export 

stamp will be implemented with the 

PHIS Export Component on June 29, 

2018. 

eCert 

In the future, FSIS also intends to 

support electronic export certification 

(eCert) in PHIS. eCert is the governmentto-government transmission of 

certification data and is the electronic 

equivalent of a paper certificate. When 

developed and implemented, electronic 

export certification will allow FSIS to 

transfer certification data directly to the 

foreign government’s competent 

authority’s certification system. 

Group 1 (June 29, 2018) 

• Export Library: 

1. Australia 

2. New Zealand 

3. UAE 

• Non-Export Library: 

1. Afghanistan 

2. Andorra 

3. Bahamas 

4. Bolivia 

5. Burundi 

6. Cape Verde 

7. Cook Islands 

8. Ethiopia 

9. Gambia 

10. Guinea 

11. Liberia 

12. Mozambique 

13. Paraguay 

14. San Marino 

15. Tanzania 

16. Uganda 

USDA Nondiscrimination Statement 

No agency, officer, or employee of the 

USDA shall, on the grounds of race, 

color, national origin, religion, sex, 

gender identity, sexual orientation, 

disability, age, marital status, family/ 

parental status, income derived from a 

public assistance program, or political 

beliefs, exclude from participation in, 

deny the benefits of, or subject to 

discrimination any person in the United 

States under any program or activity 

conducted by the USDA. 

To file a complaint of discrimination, 

complete the USDA Program 

Discrimination Complaint Form, which 

may be accessed online at http://

www.ocio.usda.gov/sites/default/files/ 

docs/2012/Complain_combined_6_8_

12.pdf, or write a letter signed by you 

or your authorized representative. 

Send your completed complaint form 

or letter to USDA by mail, fax, or email: 

Mail: U.S. Department of Agriculture, 

Director, Office of Adjudication, 1400 

Independence Avenue SW., 

Washington, DC 20250–9410. 

Fax: (202) 690–7442. 

Email: program.intake@usda.gov. 

Persons with disabilities who require 

alternative means for communication 

(Braille, large print, audiotape, etc.) 

should contact USDA’s TARGET Center 

at (202) 720–2600 (voice and TDD). 

Additional Public Notification 

FSIS will announce this notice online 

through the FSIS Web page located at 

http://www.fsis.usda.gov/federalregister. 

FSIS will also 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, and other types of 

information that could affect or would 

be of interest to constituents and 

stakeholders. The Update is 

communicated via Listserv, a free 

electronic mail subscription service for 

industry, trade groups, consumer 

interest groups, health professionals, 

and other individuals who have asked 

to be included. The Update is also 

available on the FSIS Web page. In 

addition, FSIS offers an electronic mail 

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 to regulations, directives, 

and notices. Customers can add or 

delete subscriptions themselves, and 

have the option to password protect 

their accounts. 

Done at Washington, DC, on: August 31, 

2017. 

Paul Kiecker, 

Acting Administrator. 

[FR Doc. 2017–18848 Filed 9–5–17; 8:45 am] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

[Docket No. FSIS–2017–0028] 

Availability of FSIS Compliance 

Guideline for Minimizing the Risk of 

Shiga Toxin-Producing Escherichia 

Coli (STEC) and Salmonella in Raw 

Beef (Including Veal) Processing 

Operations 

AGENCY: Food Safety and Inspection 

Service, USDA. 

ACTION: Notice of availability and 

request for comment. 

SUMMARY: The Food Safety and 

Inspection Service (FSIS) is announcing 

the availability of and requesting 

comments on the updated compliance 

guideline for small and very small 

businesses on reducing STEC and 

Salmonella in beef and veal operations. 

The new guideline will assist small 

and very small beef (including veal) 

processing establishments understand 

and comply with the regulatory 

requirements associated with 

controlling STEC and Salmonella in raw 

non-intact beef products and beef 

products intended for non-intact use. 

The guideline also includes information 

for establishments and retail stores on 

developing and maintaining records 

associated with the production of 

ground beef. 

DATES: Submit Comments on or before 

November 6, 2017. 

ADDRESSES: A downloadable version of 

the compliance guideline is available to 

view and print at https://

www.fsis.usda.gov/wps/portal/fsis/ 

topics/regulatory-compliance/ 

compliance-guides-index once copies of 

the guideline have been published. 

FSIS invites interested persons to 

submit comments on this guidance. 

Comments may be submitted by one of 

the following methods: 

Federal eRulemaking Portal: This 

Web site provides the ability to type 

short comments directly into the 

comment field on this Web page or 

attach a file for lengthier comments. Go 

to http://www.regulations.gov/. Follow 

the on-line instructions at that site for 

submitting comments. 


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