Eligibility of Honduras To Export Poultry Products to the United States
| Published date | 05 April 2019 |
| Citation | 84 FR 13516 |
| Record Number | 2019-06662 |
| Section | Rules and Regulations |
| Court | Food Safety And Inspection Service |
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Federal Register / Vol. 84, No. 66 / Friday, April 5, 2019 / Rules and Regulations
year terms. There shall be no such
limitation for alternate members.
■4. Amend § 956.28 by revising
paragraph (a) to read as follows:
§ 956.28 Procedure.
(a) Four members of the Committee
shall constitute a quorum, and four
concurring votes shall be required to
pass any motion or approve any
Committee action, except that
recommendations made pursuant to
§ 956.61 shall require five concurring
votes.
* * * * *
[FR Doc. 2019–06701 Filed 4–4–19; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 381
[Docket No. FSIS–2017–0026]
RIN 0583–AD58
Eligibility of Honduras To Export
Poultry Products to the United States
AGENCY
: Food Safety and Inspection
Service, USDA.
ACTION
: Final rule.
SUMMARY
: The Food Safety and
Inspection Service (FSIS) is amending
the Federal poultry products inspection
regulations to add Honduras to the list
of countries eligible to export poultry
products to the United States. The FSIS
review of Honduras’ laws, regulations,
and inspection system demonstrated
that its poultry slaughter inspection
system is equivalent to the system FSIS
has established under the Poultry
Products Inspection Act (PPIA) and its
implementing regulations.
DATES
: Effective May 6, 2019.
FOR FURTHER INFORMATION CONTACT
:
Roberta Wagner, Assistant
Administrator, Office of Policy and
Program Development; Telephone: (202)
720–0089.
SUPPLEMENTARY INFORMATION
: Under this
final rule, Honduras will be permitted to
export to the United States only raw
poultry products, such as whole
carcasses produced in certified
Honduran establishments, because FSIS
only assessed Honduras’ poultry
slaughter inspection system. Honduras
would need to request an equivalence
determination and submit additional
information records for FSIS to review
before FSIS would allow Honduras to
export heat-treated poultry products,
such as cooked or canned product, to
the United States. All products that
Honduras exports to the United States
will be subject to re-inspection at ports
of entry by FSIS inspectors. At this time,
Honduras is unable to ship raw poultry
product to the United States because it
is not recognized by APHIS as being free
of Newcastle Disease (ND).
Background
On April 13, 2016, FSIS published a
proposed rule in the Federal Register
(81 FR 21758) to add Honduras to the
list of countries eligible to export
poultry products to the United States (9
CFR 381.196(b)). This final rule is
consistent with the proposed rule.
As explained in the proposed rule,
section 17 of the PPIA (21 U.S.C. 466)
prohibits importation into the United
States of slaughtered poultry, or parts or
products thereof, of any kind unless
they are healthful, wholesome, fit for
human food, not adulterated, and
contain no dye, chemical, preservative,
or ingredient that renders them
unhealthful, unwholesome, adulterated,
or unfit for human food. Under the PPIA
and the regulations that implement it,
poultry products imported into the
United States must be produced under
standards for safety, wholesomeness,
and labeling accuracy that are
equivalent to those of the United States.
Under the regulations at 9 CFR 381.196,
FSIS sets out the procedures by which
foreign countries may become eligible to
export poultry and poultry products to
the United States.
Section 381.196(a) requires a foreign
country’s poultry inspection system to
include standards equivalent to those of
the United States and to provide legal
authority for the inspection system and
its implementing regulations that is
equivalent to that of the United States.
Specifically, a country’s legal authority
and regulations must impose
requirements equivalent to those of the
United States with respect to: (1) Ante-
mortem and post-mortem inspection by,
or under the direct supervision of, a
veterinarian, or other employees or
licensees of the system under the direct
supervision of veterinarians; (2) official
controls by the national government
over establishment construction,
facilities, and equipment; (3) direct and
continuous official supervision of
slaughtering of poultry and processing
of poultry products by inspectors to
ensure that product is not adulterated or
misbranded; (4) complete separation of
establishments certified to export from
those not certified; (5) maintenance of a
single standard of inspection and
sanitation throughout certified
establishments; (6) requirements for
sanitation and for sanitary handling of
product at establishments certified to
export; (7) official controls over
condemned product; (8) a Hazard
Analysis and Critical Control Point
(HACCP) system; and (9) any other
requirements found in the PPIA and its
implementing regulations (9 CFR
381.196(a)(2)(ii)).
The country’s inspection system must
also impose requirements equivalent to
those of the United States with respect
to: (1) Organizational structure and
staffing, so as to ensure uniform
enforcement of the requisite laws and
regulations in all certified
establishments; (2) ultimate control and
supervision by the national government
over the official activities of employees
or licensees; (3) qualified inspectors; (4)
enforcement and certification authority;
(5) administrative and technical
support; (6) inspection, sanitation,
quality, species verification, and residue
standards; and (7) any other inspection
requirements (9 CFR 381.196(a)(2)(i)).
Evaluation of the Honduran Poultry
Inspection System
In 2003, the government of Honduras
requested approval to export poultry
products to the United States. Honduras
stated that if approved, its immediate
intent was to export raw poultry
carcasses to the United States. FSIS then
began to evaluate the Honduras poultry
slaughter inspection system to
determine whether it is equivalent to
that of the United States.
FSIS conducted a document review to
evaluate the laws, regulations, and other
documentation used by Honduras to
execute its poultry inspection system.
FSIS examined the information
submitted by Honduras to verify that the
following equivalence components were
addressed satisfactorily with respect to
standards, activities, resources, and
enforcement: (1) Government Oversight;
(2) Statutory Authority and Food Safety
Regulations; (3) Sanitation; (4) Hazard
Analysis and Critical Control Point
Systems; (5) Chemical Residue Testing
Programs; and (6) Microbiological
Testing Programs. The document review
was satisfactory to FSIS, and FSIS
scheduled an on-site review to evaluate
all aspects of the Honduran poultry
inspection program.
In November 2005, FSIS conducted an
on-site audit of the Honduran poultry
inspection program and identified
systemic deficiencies within three
equivalence components: Government
Oversight, Sanitation, and HACCP. In
response to this audit, Honduras
submitted a corrective action plan that
addressed FSIS’s findings.
In June 2009, FSIS conducted a
second on-site audit to verify whether
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all outstanding issues identified during
the previous audit had been resolved.
Through the 2009 audit, FSIS verified
that Honduras implemented corrective
actions in response to the previous audit
findings, and these corrective actions
were working as intended. However,
during the 2009 audit, FSIS identified
systemic deficiencies not identified in
the previous audit. The deficiencies
related to the equivalence components
of Sanitation, HACCP, and
Microbiological Testing Programs.
Following the 2009 on-site audit,
Honduras again provided a
comprehensive corrective action plan
that addressed the findings identified.
Corrective actions included
implementing new regulations,
procedures, measures, and verification
activities to ensure uniformity in
conducting official inspection activities.
In September 2014, FSIS conducted a
third on-site audit to verify that
Honduras had satisfactorily addressed
all the findings of the November 2005
and June 2009 audits and had met the
FSIS criteria for all six equivalence
components. The evaluation of all
documentation provided by Honduras
since the 2009 audit (corrective actions
taken in response to the 2009 audit
findings, regulatory updates, new
performance standards, and new
microbiological laboratory procedures
and analyses) supported the decision to
perform the third audit. The auditor
verified that all corrective actions in
response to the 2009 audit findings were
implemented as described and working
as intended. There were no new audit
findings from the 2014 on-site audit.
The auditor concluded that the
Honduran poultry regulatory system
cumulatively achieves a level of
protection equivalent to that provided
by the United States poultry inspection
system.
Consequently, on April 13, 2016, FSIS
published a proposed rule to add
Honduras to the list of countries eligible
to export raw poultry products, such as
whole carcasses, to the United States,
based on its finding that the Honduran
poultry slaughter inspection system is
equivalent to the United States poultry
inspection system. For more detailed
information on the FSIS evaluation of
the Honduran poultry inspection
system, see the proposed rule (81 FR
21758), and for the full audit reports, go
to http://www.fsis.usda.gov/wps/portal/
fsis/topics/international-affairs/
importing-products/eligible-countries-
products-foreign-establishments/
foreign-audit-reports/foreign-audit-
reports.
Final Rule
After considering the comments
received on the proposed rule,
discussed below, FSIS has concluded
that the Honduran poultry inspection
system is equivalent to the United States
inspection system for raw poultry
products. Therefore, FSIS is amending
its poultry products inspection
regulations to add Honduras to the list
of countries eligible to export poultry
products to the United States (in 9 CFR
381.196 (b)). Under the FSIS import
regulations, the government of
Honduras must certify to FSIS that
establishments requesting to export
poultry products to the United States
are operating under requirements
equivalent to those of the United States
(9 CFR 381.196(a)).
Although a foreign country may be
listed in FSIS regulations as eligible to
export poultry to the United States, the
exporting country’s products must also
comply with all other applicable
requirements of the United States. These
requirements include restrictions under
9 CFR part 94 of the Animal and Plant
Health Inspection Service (APHIS)
regulations, which also regulate the
importation of poultry products from
foreign countries into the United States.
At this time, Honduras cannot ship
poultry products to the United States
because APHIS does not recognize
Honduras as a region free from ND.
Under this final rule, all slaughtered
poultry, or parts and products thereof,
exported to the United States from
Honduras will be subject to re-
inspection at the United States ports of
entry for, but not limited to,
transportation damage, product and
container defects, labeling, proper
certification, general condition, and
accurate count.
FSIS will conduct other types of re-
inspection activities, such as taking
product samples for laboratory analysis
to detect any drug or chemical residues
that may render the product unsafe, as
well as any species or product
composition violations that would
render the product economically
adulterated. Products that pass re-
inspection will be stamped with the
official mark of inspection and allowed
to enter United States commerce. If they
do not meet U.S. requirements, they will
be refused entry and within 45 days will
have to be returned to the country of
origin, destroyed, or converted to
animal food (subject to approval by
FDA), depending on the violation. The
import re-inspection activities can be
found on the FSIS website at https://
www.fsis.usda.gov/wps/portal/fsis/
topics/international-affairs/importing-
products/port-of-entry-procedures.
In addition, should Honduras meet
APHIS requirements, Honduran poultry
products will be eligible for importation
into the United States only if they are
from animals slaughtered on or after the
effective date of this final rule.
Summary of Comments and Responses
FSIS received nine comments on the
proposed rule. Seven of the comments
were from individuals; one comment
was from a consumer advocacy group;
and another comment was from a not-
for-profit corporation that promotes
poultry industry trade associations in
Central America. Of the nine comments,
five were against the proposed rule,
including the consumer advocacy
group. Three individuals and the one
trade advocate were in support of the
proposed rule.
The following is a discussion of the
relevant issues raised in the comments.
Comments: Several commenters
objected to the rule for economic
reasons. Commenters stated that poultry
imports could undermine U.S. poultry
production leading to decreased
demand for domestic supply and
unemployment for U.S. poultry
producers. The commenters were
concerned that the increased
competition in the poultry market will
negatively impact domestic producers
by putting downward pressure on the
market price and potentially edging
domestic producers out of the market.
An individual commenter questioned
whether there is a need for imported
poultry and whether the rule is
necessary because of a lack of domestic
supply. Another commenter expressed
concern about using U.S. tax dollars to
help Honduras reach equivalency in its
inspection systems, so the country
could be approved by FSIS for exports.
Response: Economic and market
realities make it unlikely that the
increased amounts of poultry imports
from Honduras will lead to
unemployment for domestic producers.
Should Honduras meet APHIS
requirements, FSIS estimates Honduran
exports will comprise 0.05 percent of
the U.S. market annually the first three
years. FSIS does not believe that this
rule will adversely affect the U.S.
poultry industry because the volume of
trade that results from this rule will
likely be small and have little effect on
supply and prices. Demand for
domestically produced poultry will not
be affected because FSIS expects the
market price to remain stable.
FSIS has conducted a comprehensive
cost-benefit analysis of the rule and
determined it to be advantageous to
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both countries. The preliminary and
final analyses recognize that any
significant effects of the rule will come
through efficiency gains.
Additionally, FSIS has an
appropriated annual budget to review
documents and audit countries’
inspection systems to assess whether
they are equivalent to the FSIS
inspection system. Other than
explaining FSIS requirements, FSIS
does not aid countries in becoming
equivalent. These activities will not lead
to direct competition because there is no
expected market price increase resulting
from the rule.
Comment: One commenter expressed
concern about ND in Honduras. This
commenter stated that FSIS should test
individual poultry products.
Response: Although Honduras may be
listed in FSIS’s regulations as eligible to
export poultry products to the United
States, the products must also comply
with all other applicable requirements
of the United States, including those of
APHIS, before any products can enter
the United States.
APHIS is responsible for preventing
the entry of foreign animal diseases into
the livestock population of the United
States. APHIS determines the animal
health status of foreign countries or
regions for certain diseases, and this
process is outlined in Title 9 CFR part
92. These animal health status
determinations help establish the
import requirements for livestock and
products derived from them.
As is discussed above, at this time,
APHIS does not allow Honduras to
export raw poultry to the U.S. because
Honduras is not recognized by APHIS as
a region free of ND. Honduras has
requested that APHIS recognize it as
free of ND, and APHIS is conducting a
review and evaluation. If APHIS
determines that Honduras is free of ND,
it will make its evaluation available for
public comment through a document
published in the Federal Register.
FSIS and APHIS work closely together
to ensure that all poultry products
imported into the United States comply
with the regulatory requirements of both
agencies. In 1985, FSIS and APHIS
signed a memorandum of understanding
(MOU) in which both agencies agreed to
cooperate in meeting their respective
needs for information on disease
surveillance, diagnostic testing,
investigations, trace backs, and animal
and public health emergencies.
Information exchange between the two
agencies is necessary to reduce the
spread of animal disease, while
providing a wholesome food supply.
The MOU is updated periodically to
ensure that it addresses matters of
importance to both agencies. The MOU
was last updated November 20, 2014. In
accord with this MOU, FSIS and APHIS
established procedures for
communication between the two
agencies regarding the inspection,
handling, and disposition of imported
poultry products. APHIS and FSIS
communicate regularly to ensure that
products APHIS has restricted from
entering the United States because of
animal disease concerns are not
imported into the United States.
Comment: One commenter expressed
concerns about the length of time it took
Honduras to achieve equivalence and
how Honduras plans to maintain
equivalence in the future. The
commenter stated that the FSIS 2014
audit report does not contain
information about the number of
inspectors assigned to poultry slaughter
lines, the workload ratio of the assigned
inspectors, or the line speeds in
Honduras. The commenter also stated
concerns about the reliability of
establishments’—interventions and the
CCA’s sampling protocols.
Response: Honduras meets current
standards with regard to line speeds and
the workload ratio of assigned
inspectors. During the 2014 audit, FSIS
observed online inspection of 140 birds
per minute with 4 online inspectors, or
35 birds per minute per inspector. The
Honduran food safety system, food
safety interventions and sampling
protocols were assessed during the FSIS
on-site audits.
FSIS assesses a country’s food
regulatory system in terms of six
equivalence components and uses its
findings from the assessment in
deciding whether to grant eligibility to
the country for the importation of its
poultry products into the United States.
Based on the 2014 follow-up on-site
audit, FSIS determined that Honduras
fully met the criteria within those six
equivalence components, in accordance
with 9 CFR 327.2. FSIS tentatively
concluded that, as implemented, the
Honduran poultry slaughter inspection
system is equivalent to the United States
poultry inspection system. The details
of Honduran compliance with those
components can all be found on the
FSIS website at: http://
www.fsis.usda.gov/wps/portal/fsis/
topics/international-affairs/importing-
products/eligible-countries-products-
foreign-establishments/foreign-audit-
reports/foreign-audit-reports.
FSIS ensures that countries maintain
equivalence through a three-part
process, involving: (1) Recurring
equivalence reviews (e.g., through use of
the country Self Reporting Tool or other
documentation from the Central
Competent Authority) of the exporting
country’s applicable laws and
regulations; (2) periodic on-site
equivalence verification audits in the
exporting country; and (3) ongoing
point-of-entry (POE) re-inspection of
shipments received from the exporting
country. These POE activities include
examination of products for defects,
condition-of container examinations,
and laboratory analysis of product
samples.
For all these reasons, therefore,
concerns about the length of time it took
Honduras to achieve equivalence and
how Honduras plans to maintain
equivalence in the future are
unwarranted. Honduras has sampled
and tested for Salmonella in raw poultry
since the 2005 and 2009 audits, and has
started sampling and testing for
Campylobacter in raw poultry since—
the 2014 audit. Honduras has
implemented requirements that are
equivalent to FSIS’s Poultry Slaughter
Rule (79 FR 49565) to ensure pathogen
reduction during the slaughter of
poultry. The deficiencies have been
remedied, and the Honduran inspection
system will be subject to ongoing
verification to ensure that it continues
to maintain standards equivalent to
those of the United States.
Comments: The commenters who
supported the proposed rule generally
cited the economic benefits of increased
trade.
Response: FSIS agrees the rule is
mutually beneficial to both the U.S. and
Honduran economies.
Executive Orders 12866 and 13563, and
the Regulatory Flexibility Act
Executive Orders (E.O.) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This final rule has been
designated a ‘‘non-significant’’
regulatory action under section 3(f) of
E.O. 12866. Accordingly, the rule has
not been reviewed by the Office of
Management and Budget under E.O.
12866.
Expected Costs of the Final Rule
This final rule adds Honduras to the
list of countries eligible to export raw
poultry to the United States. However,
because of animal disease restrictions,
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1
Honduras currently has only two establishments
certified for meat exports to the United States.
Therefore, it is unlikely we will see a significant
increase in the number of establishments eligible to
export poultry from Honduras.
2
Source: Correspondence with the Government of
Honduras.
3
https://apps.fas.usda.gov/psdonline/circulars/
livestock_poultry.pdf.
4
USDA Foreign Agricultural Service. Market and
Trade Data/PSD online/Reports and Data: Exports
Market year 2017. https://apps.fas.usda.gov/
psdonline/app/index.html#/app/downloads http://
apps.fas.usda.gov/psdonline/circulars/livestock_
poultry.pdf.
5
Haley, Mildred M. (May 2001). Changing
Consumer Demand for Meat: The U.S. Example,
1970–2000. In A. Regmi, Changing Structure of
Global Food Consumption and Trade (pp.41–48).
(Economic Research Service Outlook No. WRS–01–
1) Washington, DC.
6
United States Department of Agriculture. FACT
SHEET on Dominican Republic-Central America-
United States Free Trade Agreement (Release No.
0237.08). Retrieved on March 18, 2015 from http://
www.usda.gov/wps/portal/usda/
usdamediafb?contentid=2008/09/
0237.xml&printable=true&contentidonly=true.
7
Source: FAS Global Agricultural Trade
System—FAS Agricultural Total Exports to
Honduras.
APHIS regulations currently prohibit
Honduras from immediately shipping
raw poultry products to the United
States. Honduran establishments are
currently eligible to export raw and
processed beef and veal, raw and
processed lamb and mutton, raw and
processed goat as well as processed
pork. According to data from the
government of Honduras, Honduras
intends to certify one establishment as
eligible to export raw poultry to the
United States.
1
Should the country meet
APHIS requirements, the expected
export volume for this establishment for
the first three years is 10,211 Metric
Tons (MT). This is expected to increase
to 11,231 MT in year four and 12,355
MT in year five.
2
The U.S. poultry industry is one of
the most competitive agricultural
industries in the world. U.S.
establishments slaughtered 18.6 million
MT of young chickens in 2017.
3
Approximately 3.0 million MT of young
chickens slaughtered in the United
States were exported in 2017 and 0.056
million MT were imported.
4
The importation of poultry products
from Honduras is expected to have a
minimal impact on the United States
poultry market. Should Honduras meet
APHIS requirements, FSIS estimates
Honduran exports would comprise 0.05
percent (10,211 MT from Honduras
compared to a Unites States slaughter
volume of 18.6 million MT in 2017) of
the United States market annually the
first three years. FSIS estimates
Honduran exports would continue to
comprise 0.06 percent of the U.S.
market the fourth year and increase to
0.07 percent the fifth year. FSIS projects
that Honduras would not alter the U.S.
poultry supply and would not have an
impact on domestic poultry prices.
Therefore, FSIS projects that
establishments in the United States
would not see the negative effects that
could come from a decrease in price as
a result of increased competition.
Companies based in Honduras that
export to the United States or United
States companies that export products
from Honduras to the United States
would incur standard costs such as
export fees and freight and insurance
costs. However, those companies would
be willing to bear these costs because of
the expected benefits associated with
selling their products to the U.S.
Expected Benefits of the Final Rule
Should Honduras meet APHIS
requirements, FSIS expects to see an
increase in trade between Honduras and
the United States. The volume of
poultry exported from Honduras is
likely to be small and is expected to
have little to no effect on domestic
poultry supplies or prices. Therefore,
consumers will not benefit from a
decrease in price that would result from
increased competition. However, Latin
American preferences for dark meat
compliment American preferences for
white meat. Therefore, Honduran
establishments will benefit if they
export surplus white meat to the United
States. While the export of white meat
from Honduras may be minimal
compared to overall consumption in the
United States, these exports may be
significant enough in the long run to
influence domestic prices in Honduras.
5
In addition, the Dominican Republic-
Central America-United States Free
Trade Agreement (CAFTA–DR),
implemented in 2006, sought to level
the playing field and increase trade
between the United States and the six
CAFTA–DR trading partners, including
Honduras.
6
FSIS expects this final rule
will increase trade, benefiting firms and
consumers in the United States and
Honduras, especially within the
agricultural sector. Providing market
access to Honduran establishments
ensures similar access will be given to
United States firms. American firms
have already benefited from CAFTA–
DR, with agricultural exports (including
wheat, live animals and red meat) to
Honduras nearly doubling (82.5 percent)
between 2006 and 2017 and is expected
to rise even further in the future.
7
Regulatory Flexibility Act Assessment
The FSIS Administrator certifies that,
for the purposes of the Regulatory
Flexibility Act (5 U.S.C. 601-602), this
final rule will not have a significant
impact on a substantial number of small
entities in the United States. As
mentioned above, the expected trade
volume is very small. Therefore, the
action should not have a significant
impact on small entities that produce
poultry products domestically.
Paperwork Reduction Act
No new paperwork requirements are
associated with this final rule. Foreign
countries wanting to export poultry and
poultry products to the United States
are required to provide information to
FSIS certifying that their inspection
system provides standards equivalent to
those of the United States, and that the
legal authority for the system and their
implementing regulations are equivalent
to those of the United States.
E-Government Act
FSIS and USDA are committed to
achieving the purposes of the E-
Government Act (44 U.S.C. 3601, et
seq.) by, among other things, promoting
the use of the internet and other
information technologies and providing
increased opportunities for citizen
access to Government information and
services, and for other purposes.
Additional Public Notification
Public awareness of all segments of
rulemaking and policy development is
important. Consequently, FSIS will
announce this Federal Register
publication and officially notify the
World Trade Organization’s Committee
on Sanitary and Phytosanitary Measures
(WTO/SPS Committee) in Geneva,
Switzerland, of this proposal on-line
through the FSIS web page located at:
http://www.fsis.usda.gov/federal-
register.
FSIS also will make copies of this
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 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.
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Federal Register / Vol. 84, No. 66 / Friday, April 5, 2019 / Rules and Regulations
Customers can add or delete
subscriptions themselves, and have the
option to password protect their
accounts.
USDA Non-Discrimination 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.
How To File a Complaint of
Discrimination
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).
List of Subjects in 9 CFR Part 381
Imported products.
For the reasons set out in the
preamble, FSIS is amending 9 CFR part
381 as follows:
PART 381—POULTRY PRODUCTS
INSPECTION REGULATIONS
■1. The authority citation for part 381
continues to read as follows:
Authority: 7 U.S.C. 138f, 450; 21 U.S.C.
451–470; 7 CFR 2.7, 2.18, 2.53.
§ 381.196 [Amended]
■2. Section 381.196 is amended in
paragraph (b) by adding ‘‘Honduras’’ in
alphabetical order to the list of
countries.
Done in Washington, DC.
Carmen M. Rottenberg,
Administrator.
[FR Doc. 2019–06662 Filed 4–4–19; 8:45 am]
BILLING CODE 3410–DM–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
Determination of Adjusted Applicable
Federal Rates Under Section 1288 and
the Adjusted Federal Long-Term Rate
Under Section 382
CFR Correction
■In Title 26 of the Code of Federal
Regulations, Part 1 (§§ 1.301 to 1.400),
revised as of April 1, 2018, on page 670,
in § 1.382–1, the introductory text is
revised to read as follows:
§ 1.382–1 Table of Contents.
This section lists the captions that
appear in the regulations for §§ 1.382–
2 through 1.382–12.
* * * * *
[FR Doc. 2019–06831 Filed 4–4–19; 8:45 am]
BILLING CODE 1301–00–D
DEPARTMENT OF JUSTICE
28 CFR Parts 20, 22, 36, 68, 71, 76, and
85
[Docket No. OAG 148; AG Order No. 4424–
2019]
Civil Monetary Penalties Inflation
Adjustment
AGENCY
: Department of Justice.
ACTION
: Final rule.
SUMMARY
: The Department of Justice is
finalizing without change an interim
rule published on June 30, 2016,
adjusting for inflation the civil monetary
penalties assessed or enforced by
components of the Department, in
accordance with the provisions of the
Bipartisan Budget Act of 2015.
DATES
: Effective date: This rule is
effective April 5, 2019.
FOR FURTHER INFORMATION CONTACT
:
Robert Hinchman, Senior Counsel,
Office of Legal Policy, U.S. Department
of Justice, Room 4252 RFK Building,
950 Pennsylvania Avenue NW,
Washington, DC 20530, telephone (202)
514–8059 (not a toll-free number).
SUPPLEMENTARY INFORMATION
: In this
final rule, the Department of Justice
(Department) finalizes the interim rule
that was published on June 30, 2016 (81
FR 42491). Readers may refer to the
SUPPLEMENTARY INFORMATION
(also
known as the preamble) of the
Department’s interim rule for additional
background information regarding the
statutory authority for adjustments of
civil monetary penalty amounts for
inflation and the Department’s past
implementation of inflation
adjustments. After consideration of the
public comments submitted in response
to the interim rule, the Department is
finalizing the interim rule without
change for the reasons discussed below.
This final rule makes no change in the
amount of the civil penalties as adjusted
in the 2016 interim rule, which is
applicable to civil penalties assessed
after August 1, 2016. Since the
publication of the interim rule, the
Department has twice published other
rules that have further adjusted the
amounts for civil penalties assessed in
subsequent calendar years, as required
by law. On February 3, 2017 (82 FR
9131), the Department published a final
rule adjusting for inflation the civil
monetary penalties that it assesses or
enforces for penalties assessed after
February 3, 2017, and on January 29,
2018 (83 FR 3944), the Department
published a final rule adjusting for
inflation the civil monetary penalties
that it assesses or enforces for penalties
assessed after January 29, 2018. But
since this final rule finalizes the
provisions of the 2016 interim rule
without change, there is no need for any
revisions to the adjusted civil penalty
amounts that are applicable for
penalties assessed in 2016, 2017, or
2018.
I. Revised Statutory Process for
Implementing Annual Inflation
Adjustments
Section 701 of the Bipartisan Budget
Act of 2015, Public Law 114–74 (Nov.
2, 2015), titled the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (‘‘2015
Amendments’’), 28 U.S.C. 2461 note,
substantially revised the prior
provisions of the Federal Civil Monetary
Penalties Inflation Adjustment Act of
1990, Public Law 101–410 (‘‘Inflation
Adjustment Act’’), and substituted a
different statutory formula for
calculating inflation adjustments on an
annual basis.
In accordance with the provisions of
the 2015 Amendments, on June 30, 2016
(81 FR 42491), the Department of Justice
published an interim final rule with
request for comments (‘‘interim rule’’) to
adjust for inflation the civil monetary
penalties assessed or enforced by
components of the Department.
As discussed in greater detail in the
preamble to the interim rule, the 2015
Amendments set forth a new method of
calculation for the initial adjustment
following the 2015 Amendments. For
the initial adjustment, the ‘‘cost-of-
living adjustment,’’ which sets the
amount by which the maximum civil
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