OMB Releases U.S.-Mexico Work Plan for Food Safety & Trucking Regs

On February 28, 2012, the Office of Management and Budget released the United States-Mexico High-Level Regulatory Cooperation Council (HLRCC) Work Plan, which is an outline of activities, to be carried out by the HLRCC for a period of two years, with regard to reducing administrative burdens and aligning regulations between the U.S. and Mexico. The HLRCC's plan will be reviewed and modified as appropriate, on an annual basis. The Plan focuses on several sectoral issues in the following areas: food, transportation, nanotechnology, e-health, oil and gas drilling, and conformity assessment.

(On May 19, 2010, President Felipe Calderon Hinojosa and President Barack Obama instructed the creation of the HLRCC, comprised of senior-level regulatory, trade, and foreign affairs officials from both countries. A March 3, 2011 Terms of Reference document for the HLRCC set out six major goals: (1) making regulations more compatible and simple; (2) increasing regulatory transparency; (3) promoting public participation; (4) improving the analysis of regulations; (5) linking regulatory cooperation to improved border-crossing and customs procedures; and (6) increasing technical cooperation.)

Working Groups to Implement Regulatory Harmonization in Food Safety, Trucking, etc.

Working groups, led by senior officials from the relevant regulatory departments with representatives from other relevant agencies or groups, will be responsible for implementing HLRCC Work Plan items. Meetings of the HLRCC will be held quarterly to review and discuss progress, with stakeholder engagement sessions as part of these meetings twice per year. The HLRCC will provide a public midterm report one year from publication of the Work Plan on progress to leaders on these initiatives.

The HLRCC Work Plan sets objectives and timelines for deliverables in the following areas/sectors:

Food Safety Modernization. The U.S. enactment of the Food Safety Modernization Act (FSMA) set in motion sweeping improvements to the security and safety of its food supply. The law directs the U.S. Food and Drug Administration, working with a range of public and private partners, to build a new system of food safety oversight. Mexico is willing to cooperate with U.S. regulatory authorities with the objective of improving both countries’ food safety systems.

The HLRCC will intensify the present dialogue between the U.S. and Mexico aimed at implementing FSMA provisions of common interest. Among other initiatives, the HLRCC plans to consult on the draft FSMA capacity building plan with Mexican regulators, conduct technical assistance activities for the Mexican private sector, and renew a Food Safety Cooperative Arrangement between the FDA and Mexico’s food safety agencies.

E-Certification for Plants and Plant Products. The U.S. and Mexico will work together to develop compatible electronic certificate programs such that phytosanitary e-certificates for plants and plant products from Mexico will be accepted by the Animal and Plant Health Inspection Service (APHIS) and other relevant authorities at entry points, and phytosanitary e-certificates for plants and plant products from the U.S. will be accepted by the Mexican SENASICA. The HLRCC will coordinate the timing of the e-certification initiative with Mexico’s Tax Administration Service, which is in charge of the Mexican Single Window for Foreign Trade project (VMDCE).

Commercial Motor Vehicle Safety Standards and Procedures. In light of Mexico’s revision and implementation of its truck safety standard, NOM 068, which governs mechanical and safety conditions for operating trucks on national roads and bridges, the HLRCC will facilitate a U.S.-Mexico dialogue so that Mexico’s revision of NOM 068 is in harmony with existing Federal Motor Carrier Safety Administration (FMCSA) rules, standards, and criteria. FMCSA will review the updated NOM 068 as soon as it is submitted for public consultation, and provide comments related to ensuring harmonization by June 2012.

Nanotechnology. The fourth item on the HLRCC Work Plan involves the potential alignment of U.S. and Mexican policy approaches to oversight of applications of nanotechnology and nanomaterials. Relevant agencies will share information and develop approaches on foundational regulatory elements, including terminology/nomenclature, information gathering, and approaches to risk assessment and management, as well as develop initiatives to align regulatory approaches in specific areas.

Accreditation of Conformity Assessment Bodies. While Mexico has accredited 3 U.S. laboratories for the purpose of performing safety testing of certain products that are sold or used in Mexico, no Mexican laboratory has been accredited for products sold in the U.S. The HLRCC plans to encourage interested Mexican laboratories to obtain Nationally Recognized Testing Laboratories (NRTL) recognition. To this end, the Occupational Safety and Health Administration will help Mexican laboratories that are interested in obtaining NRTL recognition understand OHSA’s requirements and the process for laboratory recognition.

Other Elements of Work Plan Include e-Health, Oil & Gas. The HLRCC Work Plan also includes as objectives harmonization of electronic health records and offshore oil and gas drilling standards.

(See ITT’s Online Archives 11031119 for summary of Terms of Reference agreement setting six major goals for the HLRCC. See ITT’s Online Archives 11030307 for summary of ITA request for comments, which were reviewed and incorporated into the HLRCC Work Plan, on possible areas of regulatory cooperation between the U.S. and Mexico)

OMB press release on HLRCC Work Plan (dated 02/28/2012) available here.

U.S. Chamber of Commerce press release lauding Work Plan (dated 03/02/12) available here.