Public Health Security and Bioterrorism Preparedness and Response Act of 2002; implementation: Food facilities registration and prior notice of imported food shipments— Satellite downlink public meeting,

[Federal Register: October 1, 2003 (Volume 68, Number 190)]

[Proposed Rules]

[Page 56600-56603]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr01oc03-37]

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 1

[Docket Nos. 2002N-0276 and 2002N-0278]

Regulations Implementing Title III of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002; Notice of Public Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Announcement of satellite downlink public meeting.

SUMMARY: The Food and Drug Administration (FDA) is announcing a public meeting (via satellite downlink) to discuss final regulations implementing two sections in Title III of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (Bioterrorism Act) regarding Registration of Food Facilities (Docket No. 2002N-0276) and Prior Notice of Imported Food Shipments (Docket No. 2002N-0278). FDA expects to publish shortly in the Federal Register final rules implementing each of these provisions. The purpose of the satellite downlink public meeting is to provide information on the rules to the public and to provide the public an opportunity to ask questions of clarification.

DATES: The satellite downlink public meeting will be held on Tuesday, October 28, 2003, from 1 p.m. to 3 p.m. eastern standard time. Questions submitted in advance must be received by the contact person by close of business (4:30 p.m.) on Friday, October 24, 2003.

ADDRESSES: See SUPPLEMENTARY INFORMATION for locations where the satellite downlink may be viewed. A written transcript of the meeting will be available for viewing at the Division of Dockets Management (DDM) (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852, and through the Web site at http://www.fda.gov/oc/bioterrorism/bioact.html .

A copy of the videotaped meeting may also be viewed at DDM.

FOR FURTHER INFORMATION CONTACT: Louis J. Carson, Center for Food Safety and Applied Nutrition (HFS-32), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 301-436-2277, FAX: 301-436-2605, e-mail: CFSAN-FSS@cfsan.fda.gov, for general questions about the downlink, submission of advance questions, and requests for a videotaped version of the meeting. Registration for specific downlink locations should be directed to the appropriate contact person listed in table 1 in the SUPPLEMENTARY INFORMATION section of this document.

SUPPLEMENTARY INFORMATION:

  1. Background

    The events of September 11, 2001, highlighted the need to enhance the security of the U.S. food supply. Congress responded by passing the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (Public Law 107-188), which was signed into law on June 12, 2002. The Bioterrorism Act includes four provisions in Title III (Protecting Safety and Security of Food and Drug Supply), Subtitle A (Protection of Food Supply) that require the Secretary of Health and Human Services, through FDA, to develop implementing regulations on an expedited basis. These four provisions are section 305 (Registration of Food Facilities); section 307 (Prior Notice of Imported Food Shipments); section 306 (Maintenance and Inspection of Records for Foods); and section 303 (Administrative Detention). FDA expects that the agency will soon publish in the Federal Register final rules to implement sections 305 and 307 of the Bioterrorism Act. During the satellite downlink public meeting, FDA will explain the final rules on registration of food facilities and prior notice of imported food shipments and will answer questions. The satellite downlink public meeting will be offered in English with French and Spanish translation, and will be simulcast live in English, French, and Spanish for Mexico and North, Central, and South America (including Hawaii and Alaska).

  2. Submitting Questions

    Interested persons may submit questions concerning the final rules in advance of the downlink meeting. The deadline for the submission of questions is provided in the DATES section of this document. Questions submitted in advance will be used by the session moderator to help clarify issues of concern and provide information about the final rules. The viewing audience may telephone or fax questions to the FDA participants during the live downlink.

    FDA is planning a second satellite downlink meeting during which FDA will explain the final rules that FDA intends to publish later this year to implement sections 306 and 303 of the Bioterrorism Act. That meeting will be

    [[Page 56601]]

    announced in a future Federal Register document.

    Information about the public meetings, contact information, and the provisions of the Bioterrorism Act under FDA's jurisdiction may be found on the agency's Web site, http://www.fda.gov/oc/bioterrorism/bioact.html .

  3. Final Rules

    The final regulations that will be addressed at the satellite downlink public meeting announced in this document concern the following provisions of the Bioterrorism Act:

    Section 305: Registration of Food Facilities--The Bioterrorism Act requires the owner, operator, or agent-in-charge of domestic and foreign facilities that manufacture, process, pack, or hold food for human or animal consumption in the United States to register with FDA no later than December 12, 2003. Farms, restaurants, retail food establishments, non-profit food establishments that prepare or serve food directly to the consumer, and fishing vessels not engaged in processing, as defined in 21 CFR 123.3(k), are exempt from this requirement. Also exempt are foreign facilities if the food from the facility undergoes further processing or packaging of more than a de minimus nature by another facility outside of the United States. FDA must issue final regulations no later than December 12, 2003, but facilities must register by this date in accordance with the Bioterrorism Act even if the regulations are not finalized. FDA plans to publish a registration final rule by October 10, 2003.

    Section 307: Prior Notice of Imported Food Shipments--The Bioterrorism Act specifies that on or after December 12, 2003, FDA must receive prior notice of each article of food imported or offered for import into the United States. FDA must issue the final regulation by December 12, 2003. If the regulation is not final by that date, the Bioterrorism Act still requires FDA to receive prior notice of not less than 8 hours and not more than 5 days until the regulation takes effect. The agency plans to publish a prior notice final rule by October 10, 2003.

  4. Sites for Viewing the Downlink Public Meeting

    A list of locations for viewing the downlink public meeting is provided in table 1 of this document.

    Table 1.--October 28, 2003, Satellite Downlink Public Meeting I--Section 305: Registration of Food Facilities and Section 307: Prior Notice of Imported Food Shipments

    Locations

    Contact Information

    FDA New York District Office, 158- Marilyn Corretto, 718-662-5461; 15 Liberty Ave., Jamaica, NY 11433 FAX: 718-662-5434; e-mail:

    mcorrett@ora.fda.gov

    FDA Buffalo Office, 300 Pearl St., Robert Hart, 716-551-4461 X3142; Buffalo, NY 14202

    FAX: 716-551-3813; e-mail:

    Rhart@ora.fda.gov

    Plattsburgh Area, Angell Center, Todd Manning, 518-298-8240; FAX: Plattsburgh Room, Plattsburgh

    518-298-5538; e-mail: State University of NY (PSUNY) tmanning@ora.fda.gov

    FDA Chicago District Office, 550 Darlene Bailey, 312-353-7126; FAX: West Jackson, 16th floor, Chicago, 312-596-4195; e-mail: IL 60661

    dbailey@ora.fda.gov

    Ronald V. Dellums Federal Bldg., Marcia Madrigal, 510-637-3980; FAX: 1301 Clay St., 3d floor, North 510-637-3976; e-mail: Tower, Oakland, CA 94612

    mmadriga@ora.fda.gov

    FDA/Southwest Import District, 4040 Robert Deininger, 214-253-5322; North Central Expressway, suite FAX: 214-253-5317; e-mail: 300, Dallas, TX 75204

    rdeining@ora.fda.gov

    Memphis Marriot East, 2625 Thousand Sandra Baxter, 615-781-5385 X122; Oaks Dr., Memphis, TN 38118

    FAX: 615-781-5383; e-mail:

    sbaxter@ora.fda.gov

    FDA Detroit District Office, 300 Evelyn DeNike, 313-393-8109; FAX: River Pl., suite 5900, Detroit, MI 313-393-8139; e-mail: 48207

    edenike@ora.fda.gov

    Bishop Henry Whipple Federal Bldg., Amy C. Johnson, 612-758-7131; FAX: One Federal Dr., rm. G-110, Saint 612-334-4134; e-mail: Paul, MN 55111-4008

    acjohnso@ora.fda.gov

    Florida Department of Agriculture Courtney Hunt, 850-942-8325; FAX: and Consumer Services (FDACS), 850-942-8326; e-mail: George Eyster Auditorium, 3125 chunt@ora.fda.gov Connor Blvd., Tallahassee, FL 32399

    Tampa Port Authority, 1101

    Jean Peeples, 813-228-2671 X18; Channelside Dr., 1st Floor Board FAX: 813-228-2046; e-mail: Room, Tampa, FL 33602

    Jpeeples@ora.fda.gov

    Miami Free Zone, 2305 NW. 107th Estela N. Brown, 786-437-4838; FAX: Ave., 1st Floor Conference Room, 786-437-4866; e-mail: Miami, FL 33172

    Ebrown1@ora.fda.gov

    FDA Atlanta District Office, 60 8th JoAnn Pittman, 404-253-1272; FAX: Street, NE., Atlanta, GA 30309 404-253-1202; e-mail:

    jpittman@ora.fda.gov

    FDA Kansas City District Office, Tywanna Paul, 913-752-2141; FAX: 11630 W. 80th St., Annex

    913-752-2111; e-mail: Conference Room, Lenexa, KS 66214 tpaul@ora.fda.gov

    FDA New England District Office, Susan Small, 781-596-7779: FAX: 781- One Montvale Ave., Stoneham, MA 596-7896; e-mail: 02180

    Ssmall@ora.fda.gov

    [[Page 56602]]

    FDA Kansas City District Office, 12 Don Aird, 314-645-1167; FAX: 314- Sunnen Dr., suite 122, St. Louis, 645-2969; e-mail: MO 63143

    daird@ora.fda.gov

    FDA Cincinnati District Office, Bonny Carzoli, 513-679-2700 x 115.; 6751 Steger Dr., Cincinnati, OH FAX: 513-679-2771; e-mail: 45237-3097

    bcarzoli@ora.fda.gov

    Portland Innovative Food Center, Alan Bennett, 503-671-9332; FAX: 1207 NW. Naito Pkwy., Portland, OR 503-671-9445; e-mail: 97209

    abennett@ora.fda.gov

    Lake Washington Technical College, Stephanie Magill, 425-483-4953; 11605 132d Ave., NE., Kirkland, WA FAX: 425-483-4996; e-mail: 98034.

    stephanie.magill@fda.gov

    Center for Food Safety and Applied Marion Allen, 301-436-2277, FAX: Nutrition, U.S. FDA, Auditorium, 301-436-2605, e-mail: CFSAN- 5100 Paint Branch Pkwy., College FSS@cfsan.fda.gov Park, MD 20740

    Texas A&M International University, Adrian Garcia, 520-281-1100, FAX: WHTC Bldg., rm. 116, 5201

    520-281-1190, e-mail: University, KL 262, Laredo TX

    agarcia@ora.fda.gov 78041-1900 South Texas Community College

    ................................... Technology Center, 3700 West Military Hwy., McAllen, TX 78503- 8807 Arizona Western College, College ................................... Union Bldg., Palo Verde Room, 2020 South Avenue 8E, Yuma, AZ 85364 PIMA Community College, 401 N. ................................... Bonita Ave., Tucson, AZ 85709 Health Services Complex, Rosecrans ................................... Bldg., 3851 Rosecrans St., San Diego, CA 92110 University of El Paso,

    ................................... Undergraduate Learning Center, rm. 110, 500 West University Ave., El Paso, TX 79905

    FDA/Denver District Office, Denver Virlie Walker/Devin Koontz, 303-236- Federal Center, Bldg. [numsign]20, 3018/3020, FAX: 303-236-3551, e- Sixth & Kipling, Lakewood, CO

    mail: vwalker@ora.fda.gov 80225

    dkoontz@ora.fda.gov

    VA Medical Center, 4th Floor

    Sheryl McConnell, 713-802-7534, Auditorium, 2202 Holcombe, Houston FAX: 713-802-7503, e-mail: TX 77030

    smcconne@ora.fda.gov

    The sites presented in table 1 of this document are the sites scheduled to broadcast the satellite downlink as of the publication of this document. Please check the FDA Web site at http://www.fda.gov/oc/bioterrorism/bioact.html for additional sites that may be added.

  5. Registration

    All attendees are asked to preregister for the satellite downlink public meeting by contacting the person listed in table 1 of this document for the site you want to attend. Space is limited and registration will be closed at each site when maximum seating capacity for that site is reached. Send registration information (including name, title, firm name, address, telephone number, e-mail address, and fax number) to the contact identified in table 1 of this document at least 2 workdays before the meeting. You may register by e-mail, fax, or telephone.

    If you need special accommodations due to a disability, please notify the contact person listed in table 1 of this document at least 7 days in advance of the meeting.

    In addition, any interested parties with access to a satellite dish may view the downlink meetings at the following coordinates: Live simulcast in English (channel 6.8), French (channel 5.8), and Spanish (channel 6.2).

    Transponder

    Polarization

    Channel

    Downlink Freq.

    Audio

    3

    Horizontal

    3

    3760 MHz

    6.8 English only 6.2 Spanish 5.8 French

    Transponder Polarization

    Channel

    Downlink Freq.

    Slot A

    Horizontal

    24

    4164.5 MHz Digital

    Video rebroadcasts will be played at several locations throughout the world. Dates and viewing times for the video rebroadcasts for Europe, Asia, Australia, South Africa, and New Zealand may be found on FDA's bioterrorism Web site at http://www.fda.gov/oc/bioterrorism/bioact.html. Information on additional video rebroadcasts in English, Spanish,

    [[Page 56603]]

    and French will also be available at http://www.fda.gov/oc/bioterrorism/bioact.html .

  6. Transcripts

    Within 3 weeks of the satellite downlink public meeting, written transcripts in English, French, and Spanish will be available for viewing at DDM (see ADDRESSES) and posted on the following Web site: http://www.fda.gov/oc/bioterrorism/bioact.html. A written transcript of the satellite downlink meeting may be requested in writing from the Freedom of Information Office (HFI-35), Food and Drug Administration, 5600 Fishers Lane, rm. 12A-16, Rockville, MD 20857, 3 weeks after the satellite downlink public meeting at a cost of 10 cents per page. A copy of the videotaped meeting may also be viewed at DDM. Or you may contact Lou Carson for a copy of the videotaped meeting and specify format and language.

    Pre-event Test: A pre-event test for downlink sites will be provided on October 28 from 12 noon EST to 1 p.m. EST. During that hour, technical assistance will be available through a trouble line at 1-888-626-8730.

    Dated: September 26, 2003. Jeffrey Shuren, Assistant Commissioner for Policy.

    [FR Doc. 03-24921 Filed 9-26-03; 4:13 pm]

    BILLING CODE 4160-01-S

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