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Federal Register / Vol. 75, No. 83 / Friday, April 30, 20 - page 9 / 11

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wwoods2 on DSK1DXX6B1PROD with PROPOSALS PART 1

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Federal Register /

Vol. 75, No. 83 / Friday, April 30, 20

10 / Proposed Rules

22721

transport vehicle ensured during its run?

Question 3c. What operations associated with food transport (e.g., intermodal transfer and pumping food from transport tanks into receiving vessels at the destination) pose the greatest potential for contaminating food?

Question 3d. What procedures and practices are in place to ensure temperature control for TCS foods?

3. Issue 4: Limitations on the Use of Vehicles

Question 4a. What types of food products are typically transported simultaneously? What types of food products are typically transported sequentially?

Question 4b. Are there any industry standards or State or local restrictions on the simultaneous or sequential transport of different categories of food?

5. Issue 6. Records Currently Kept By Firms Subject to the 2005 SFTA

Question 6a. What types of records are currently kept by persons arranging to transport food? What additional records would be useful or necessary to achieve the goals of the 2005 SFTA? How long should persons arranging to transport food keep applicable records?

Question 6b. What types of information are currently kept by shippers and by carriers by motor vehicle or rail vehicle? What additional records would be useful or necessary to achieve the goals of the 2005 SFTA? How long should shippers and carriers by motor vehicle or rail vehicle keep applicable records?

Question 6c. What types of records are currently kept by receivers of food? What additional records would be useful or necessary to achieve the goals of the 2005 SFTA? How long should persons who receive food keep applicable records?

E. Issue 9. Federal Preemption of State and Local Food Transportation Requirements

Section 416(e) of the act, as amended by the 2005 SFTA, states that a requirement of a State or political subdivision of a State that concerns the transportation of food is preempted if it conflicts with or presents an obstacle to implementing the requirements of this section or a regulation prescribed under this section. FDA is seeking comments on existing requirements of a State or political subdivision of a State regarding the sanitary transportation of food. FDA intends to solicit further comments regarding this provision in the proposed rule.

Question 9. What States or political subdivisions of a State have requirements for the sanitary transportation of food and what are these requirements?

F. Issue 10. Risk for Foodborne Illness Associated With Transportation of Food

4. Issue 5: Information Sharing Among Parties Involved in the Transportation of Food

Through the 2005 SFTA, Congress provided express authority to specify the types of information that must be disclosed to carriers by persons arranging to transport food and to manufacturers or other persons that arrange for the transport of food or furnish a vehicle for the transportation of food. In our exercise of this authority, it is critical that we understand what sort of information exchange is feasible, practical, and/or desirable.

Question 5a. What types of information are currently disclosed to carriers by persons arranging to transport food? In what form is this information disclosed? What additional information would be useful or necessary to achieve the goals of the 2005 SFTA?

Question 5b. What types of information are currently disclosed to manufacturers or other persons that arrange for the transport of food by a carrier? In what form is this information disclosed? What additional information would be useful or necessary to achieve the goals of the 2005 SFTA?

Question 5c. What types of information are currently disclosed to manufacturers or other persons that furnish a tank vehicle or bulk vehicle for the transportation of food? In what form is this information disclosed? What additional information would be useful or necessary to achieve the goals of the 2005 SFTA?

C. Issue 7. Simultaneous or Subsequent Shipment of Nonfood Products in Vehicles Used to Transport Food

Question 7a. Are food products transported simultaneously or sequentially with nonfood products? If the answer to this question is yes, what nonfood products are commonly transported in vehicles that also transport food?

Question 7b. What nonfood products may, if shipped in a bulk vehicle, pose a risk of contamination to food that is subsequently transported in the same vehicle?

Question 7c. What nonfood products may, if shipped in a motor vehicle or rail vehicle (other than a tank vehicle or bulk vehicle), pose a risk of contamination to food that is simultaneously or subsequently transported in the same vehicle?

Question 7d. Are there any industry standards or State or local restrictions on the simultaneous or sequential transport of food and nonfood products?

D. Issue 8. Acceptable Reasons for Waiver of Requirements

Question 8. What reasons might exist for a waiver of any or all foreseeable requirements under section 416 with respect to any class of persons, vehicles, food, or nonfood products? For any such reason for waiver, identify and provide data and information that would support a possible determination that the waiver (A) will not result in the transportation of food under conditions that would be unsafe for human or animal health; and (B) will not be contrary to the public interest.

We have limited data and information about outbreaks of foodborne illness associated with transportation of food; see sections I.A and I.F of this document for a description of the data and information currently available to us. There are, however, a number of known areas where food is at risk for adulteration and reported instances of unsafe food transport (Refs. 10, 28, and 29). We are seeking data and information to enable us to focus our regulatory efforts in areas that present the greatest risk to public health.

Question 10a. What data or information are available on investigations that have shown a suspected or documented link between an outbreak of foodborne illness and the transport process?

Question 10b. What data or information are available in instances where food was suspected or documented of being contaminated during transport, even if the food was not implicated in an outbreak of foodborne illness?

Question 10c. What data or information are available from State or local authorities regarding compliance with or enforcement of State or local food transportation requirements?

Question 10d. What are the problem areas where food may be at greatest risk for physical, chemical, or biological contamination during transport?

G. Issue 11. Benefits and Costs

We are seeking data and information to enable us to estimate the benefits and costs of regulations implementing the 2005 SFTA and to estimate of the effects of regulatory options on small entities.

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