Internet Access at Official Establishments and Plants, 12122-12127 [2021-03609]
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12122
§ 800.71
Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Proposed Rules
[Amended]
2. Amend § 800.71 by:
a. Revising paragraph (a)(2);
b. Revising the introductory text in
paragraph (b);
■ c. Revising the first sentence in
paragraph (b)(1);
■ d. Redesignating paragraph (b)(2) as
paragraph (b)(3);
■ e. Adding new paragraph (b)(2); and
■ f. Revising paragraph (d).
The revisions and addition read as
follows:
■
■
■
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§ 800.71
Fees assessed by the Service.
(a) * * *
(2) Schedule B—Fees for FGIS
Supervision of Official Inspection and
Weighing Services Performed by
Delegated States and/or Designated
Agencies in the United States. The
supervision fee charged by the Service
will be assessed per metric ton of
domestic U.S. grain shipments
inspected and/or weighed, including
land carrier shipments to Canada and
Mexico. For each calendar year, FGIS
will calculate Schedule B fees as
defined in paragraph (b) of this section.
FGIS will publish a notice in the
Federal Register and post Schedule B
fees on the Agency’s public website.
(b) Annual review of fees. For each
calendar year, starting with 2021, the
Service will review the fees of this
section and publish fees each year
according to the following:
(1) Tonnage fees. Tonnage fees in
Schedule A in paragraph (a)(1) of this
section will consist of the national
tonnage fee and local tonnage fees and
will be calculated and rounded to the
nearest $0.001 per metric ton. * * *
*
*
*
*
*
(2) Supervision fee. Supervision fee in
Schedule B in paragraph (a)(2) of this
section will be set according to the
following:
(i) Operating reserve adjustment. The
operating reserve adjustment is the
supervision program costs for the
previous fiscal year divided by 2 less
the end of previous fiscal year operating
reserve balance.
(ii) Supervision tonnage fee. The
supervision tonnage fee is the sum of
the prior fiscal year program costs plus
operating reserve adjustment divided by
the average yearly tons of domestic U.S.
grain shipments inspected and/or
weighed, including land carrier
shipments to Canada and Mexico during
the previous 5 fiscal years. If the
calculated value is zero or a negative
value, the collection of supervision
tonnage fees will be suspended for one
calendar year.
*
*
*
*
*
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(d) Miscellaneous fees for other
services. For each calendar year, the
Service will review the fees of this
section and publish fees in the Federal
Register and on the AMS website.
(1) Registration certificates and
renewals. The fee for registration
certificates and renewals will be
published annually in the Federal
Register and on the Agency’s public
website, and will be based upon the
noncontract hourly rate multiplied by
five. If you operate a business that buys,
handles, weighs, transports grain for
sale in foreign commerce, or you are
also in a control relationship (see
definition in section 17A(b)(2) of the
Act) with respect to a business that
buys, handles, weighs, or transports
grain for sale in interstate commerce,
you must complete an application and
pay the published fee.
(2) Designation amendments. The fee
for amending designations will be
published annually in the Federal
Register and on the Agency’s public
website. The fee will be based upon the
cost of publication plus one hour at the
noncontract hourly rate. If you submit
an application to amend a designation,
you must pay the published fee.
Food Safety and Inspection
Service, USDA.
ACTION: Proposed rule.
regulatory condition of receiving
inspection. Under this proposal, FSIS
would not require establishments
without internet access to purchase it or
to upgrade the internet services they
have, if inadequate for FSIS use.
DATES: Submit comments on or before
May 3, 2021.
ADDRESSES: FSIS invites interested
persons to submit comments on the
proposed rule. Comments may be
submitted by one of the following
methods:
• Federal eRulemaking Portal: This
website 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 https://www.regulations.gov. Follow
the on-line instructions at that site for
submitting comments.
• Mail, including CD–ROMs, etc.:
Send to Docket Clerk, U.S. Department
of Agriculture, Food Safety and
Inspection Service, 1400 Independence
Avenue SW, Mailstop 3758,
Washington, DC 20250–3700.
• Hand- or courier-delivered
submittals: Deliver to 1400
Independence Avenue SW, Jamie L.
Whitten Building, Room 350–E,
Washington, DC 20250–3700.
Instructions: All items submitted by
mail or electronic mail must include the
Agency name and docket number FSIS–
2020–0019. Comments received in
response to this docket will be made
available for public inspection and
posted without change, including any
personal information, to https://
www.regulations.gov.
Docket: For access to background
documents or comments received, call
(202) 720–5627 to schedule a time to
visit the FSIS Docket Room at 1400
Independence Avenue SW, Washington,
DC 20250–3700.
FOR FURTHER INFORMATION CONTACT:
Rachel Edelstein, Assistant
Administrator, Office of Policy and
Program Development; Telephone: (202)
720–0399.
SUPPLEMENTARY INFORMATION:
The Food Safety and
Inspection Service (FSIS) is proposing
to amend its regulations to require
official meat and poultry establishments
and egg products plants and businesses
receiving voluntary inspection services
from FSIS that have an internet
connection to provide FSIS access to it
for the purposes of conducting and
recording inspection verification
activities. FSIS views internet service as
a necessary utility, like lighting, heating,
and laundry services, that should be
provided by establishments as a
Background
FSIS has been delegated the authority
to exercise the functions of the Secretary
(7 CFR 2.18, 2.53) as specified in the
Federal Meat Inspection Act (FMIA) (21
U.S.C. 601, et seq.), the Poultry Products
Inspection Act (PPIA) (21 U.S.C. 451, et
seq.) and the Egg Products Inspection
Act (EPIA) (21 U.S.C. 1031, et seq.).
These statutes mandate that FSIS
protect the public by verifying that
meat, poultry, and egg products are safe,
wholesome, unadulterated, and
properly labeled and packaged. In
Bruce Summers,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2021–03537 Filed 3–1–21; 8:45 am]
BILLING CODE P
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Parts 307, 350, 352, 354, 362,
381, 533, 590, and 592
[Docket No. FSIS–2020–0019]
RIN 0583–AD86
Internet Access at Official
Establishments and Plants
AGENCY:
SUMMARY:
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addition to mandatory inspection, the
Agricultural Marketing Act (AMA), 7
U.S.C. 1622, 1624, provides for
inspection services to accommodate
business needs, such as obtaining
certifications necessary to meet
requirements of importing countries or
the inspection of nonamenable products
(voluntary reimbursable services). This
includes the voluntary service activities
related to export certification (9 CFR
part 350), voluntary inspection of exotic
animals (e.g., antelope, bison) (9 CFR
part 352), voluntary inspection of
rabbits (9 CFR part 354), voluntary
poultry inspection (9 CFR part 362), and
the voluntary inspection of egg products
(9 CFR part 592).
FSIS inspection program personnel
(IPP) need to have efficient internet
access to receive their scheduled
inspection tasks and to record the
results of the inspection tasks in the
FSIS Public Health Information System
(PHIS). PHIS is a web-based software
application that integrates and
streamlines all scheduling, assigning,
tracking, and documentation for mission
required FSIS food safety functions such
as import management, export
management, domestic production
inspections, and risk analysis. FSIS
employees, representatives of countries
with whom the United States maintains
an import and export relationship, and
meat, poultry, and egg products
establishments, which are subject to
inspection, may all use PHIS. PHIS
replaced several legacy client-server
applications, multiple automated paper,
and email-based processes.
For example, PHIS:
• Contains the establishment profile
data for both official and non-official
establishments that is used not only by
IPP to perform their verification
activities but also by other FSIS program
areas to schedule laboratory sampling,
inform policy decisions, and allocate
resources.
• Contains slaughter totals and
animal disposition information for
amenable and exotic species, as entered
by IPP. This data is used by FSIS and
other USDA agencies (e.g., the Animal
and Plant Health Inspection Service) to
inform policy decisions, track emerging
disease trends, and allocate resources.
• Contains inspection results and
provides IPP the ability to issue noncompliance records to address
regulatory violations at official and nonofficial establishments.
• Allows IPP to request sampling
supplies and receive laboratory sample
results.
• Provides for IPP review and
approval of electronic import
applications in the PHIS import
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management component, as well as
electronic export applications for
shipments destined to countries
included in the PHIS export component.
The regulations at 9 CFR 307.1,
381.36(a), and 533.3 require official
meat, poultry, and Siluriformes fish
establishments to provide FSIS IPP with
office space, including necessary
furnishings, light, heat, and janitor
services, rent free, for their exclusive
use for official purposes. These
regulations state that, at the discretion
of the Administrator, small
establishments requiring less than one
full-time inspector need not furnish
such facilities. The regulations at
590.136(a) similarly state that egg
products plants will furnish office
space, including furnishings, light, heat,
and janitor service, without cost, for the
use of IPP for official purposes. These
regulations also provide that, at the
discretion of the Administrator, small
plants requiring the services of less than
one full-time inspector need not furnish
such accommodations.
The United States bears the cost of
providing mandatory inspection
services to official establishments (21
U.S.C. 468, 695, 1053(a)), while
establishments and other facilities
receiving voluntary inspection services
must pay for such services. FSIS
regulations governing the voluntary
inspection of rabbits and egg products
(e.g., inspection of the processing in
official plants of products containing
eggs, sampling of products and quantity
and condition inspection of products)
require that facilities purchasing such
inspection services provide office space
and utilities for use by IPP. Specifically,
the regulations at 9 CFR 354.221(g)
require facilities receiving voluntary
rabbit inspection to provide IPP with
office space, including, but not limited
to, light, heat, and janitor services,
without cost to the Agency. And, the
regulations at 9 CFR 592.95(b)require
facilities receiving voluntary inspection
of egg products to provide IPP with
acceptable furnished office space and
equipment, including, but not limited
to, a desk, lockers, or cabinets.
Establishments and other facilities
that purchase other types of voluntary
services under 9 CFR 350.7(a), 352.5(a),
362.5(a), including identification
services, certification services, and
voluntary inspection services may be
charged to cover the cost of ‘‘other
expenses’’ incurred by the Agency in
connection with the furnishing of
inspection. FSIS considers internet
access to be an expense necessary for
the provision of these voluntary
inspection services.
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As such, because internet access is a
utility or expense necessary for the
provision of both mandatory and
voluntary inspection services, FSIS is
proposing to require that establishments
receiving mandatory inspection or
purchasing voluntary inspection
services provide internet access to IPP,
as a condition of receiving inspection,
provided the establishment already has
internet service adequate for FSIS
needs. Again, FSIS would not require
establishments or facilities without
internet access to purchase it or to
upgrade the internet services they have,
if inadequate for FSIS use.
Proposed Rule
FSIS is proposing to amend sections
9 CFR 307.1, 350.7(d), 352.5(d),
354.221(g), 362.5(d), 381.36(a), 533.3,
590.136(a), and 592.95(b) to require
official meat, poultry, Siluriformes fish
establishments and egg products plants,
as well as facilities receiving voluntary
services, including identification
services, export certification, and
voluntary exotic animal and poultry
inspection, that have internet services,
to provide FSIS IPP with internet access
for the purposes of conducting and
recording inspection verification
activities. Consistent with the
regulations providing that small
establishments requiring less than one
full-time inspector need not furnish
FSIS with office space, lighting, heat,
janitor services, and lockers, under this
proposal, FSIS would not require
establishments or facilities without
internet access to purchase it or to
upgrade the internet services they have,
if inadequate for FSIS use.
In addition, FSIS is proposing to
update 9 CFR 307.1 and 381.36(a) to
change the title of the FSIS approving
officials to Frontline Supervisors
because FSIS no longer uses the title
Circuit Supervisors. FSIS also proposes
to change the use of the word ‘‘shall’’ to
‘‘must’’ in 9 CFR 307.1 and 381.36(a).
Executive Orders 12866 and 13563,
12988, and the Regulatory Flexibility
Act
Executive Orders (E.O.s) 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 proposed rule has been
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designated as 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 (OMB) under
E.O. 12866.
If this rule is finalized, FSIS does not
expect any additional industry or
Agency costs, because FSIS would not
require establishments without internet
access to purchase the services or to
upgrade services that are not adequate
for FSIS’s use. FSIS would have cost
savings by reducing the costs of
providing internet access to FSIS IPP at
establishments.
Expected Benefits of the Proposed Rule
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Internet connectivity benefits
establishments and FSIS by facilitating
FSIS verification activities. Internet
access lets FSIS IPP more efficiently
transmit or receive critical information
(e.g., receiving information on test
results, submitting data on
establishment operations, updating
establishment profile information, and
facilitating global trade).
FSIS would benefit through reduced
payments for internet connection. FSIS
spends on average $6.6 million 1
annually providing IPP with various
forms of internet connection, such as
direct or wireless local area network
(LAN), and wireless solutions at
approximately 1,500 establishments as
well as additional mobile wireless
solutions for IPP on patrol assignments.
Of the approximate 6,500 active
establishments, FSIS estimates that
approximately 6,000 to 6,300
establishments have email addresses,2
which we assume means that these
establishments have internet
connection. The Agency is seeking
comment on the level of internet
connectivity at establishments that
currently maintain internet services. If
the Agency is able to use internet
provided by these establishments, it
would result in an upper bound savings
of $6.6 million annualized at the 7
percent discount rate over ten years.
1 This is the average cost calculated using the
FSIS Office of Chief Information Officer estimates
of annual expenditures on internet services:
$6,272,000 in 2017, $6,755,000 in 2018, and
$6,755,000 in 2019.
2 The count of establishments, rounded to the
nearest hundred, with email addresses was
compiled from the Office of Public Affairs and
Consumer Education on 5/15/2020. The count of
active establishments includes approximately 1,100
eligible importer/exporter establishments and
approximately 2,000 establishments that have
voluntary inspection eligibility. Data was
downloaded from the FSIS Public Health
Information System on 8/14/2020.
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Expected Costs of the Proposed Rule
FSIS expects any cost associated with
this proposed rule to be de minimis.
Since most establishments have email
addresses, FSIS expects most
establishments to have internet
connectivity adequate for FSIS needs.
Such establishments would likely be
able to provide internet service to FSIS
without a significant burden or
additional costs to do so. FSIS requests
comments on the number and types of
establishments or facilities receiving
mandatory or purchasing voluntary
inspection services that do not purchase
internet services at all, do not purchase
internet services adequate for FSIS
needs, or could not provide IPP access
to internet services without accruing
significant costs, as well as any cost
estimates for providing IPP with access
to the establishment’s existing internet
services.
Regulatory Flexibility Act Assessment
The FSIS Administrator has made a
preliminary determination that this
proposed rule, if finalized, would not
have a significant economic impact on
a substantial number of small entities in
the United States, as defined by the
Regulatory Flexibility Act (5 U.S.C.
601), because any costs associated with
the rule would be de minimis. FSIS
would only require small businesses to
provide internet access to FSIS IPP if
the business has internet service and it’s
adequate for FSIS’s use by IPP.
Executive Order 12988, Civil Justice
Reform
This proposed rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. Under this rule: (1) All
State and local laws and regulations that
are inconsistent with this rule will be
preempted; (2) no retroactive effect will
be given to this rule; and (3) no
administrative proceedings will be
required before parties may file suit in
court challenging this rule.
Paperwork Reduction Act
There are no new paperwork or
recordkeeping requirements associated
with this proposed rule under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
Environmental Impact
Each USDA agency is required to
comply with 7 CFR part 1b of the
Departmental regulations, which
supplements the National
Environmental Policy Act regulations
published by the Council on
Environmental Quality. Under these
regulations, actions of certain USDA
agencies and agency units are
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categorically excluded from the
preparation of an Environmental
Assessment (EA) or an Environmental
Impact Statement (EIS) unless the
agency head determines that a particular
action may have a significant
environmental effect (7 CFR 1b.4(a)).
FSIS is among the agencies categorically
excluded from the preparation of an EA
or EIS (7 CFR 1b.4(b)(6)).
FSIS has determined that this
proposed rule would not create any
extraordinary circumstances that would
result in this normally excluded action
having a significant effect on the human
environment. Therefore, this action is
appropriately subject to the categorical
exclusion for FSIS programs and
activities under 7 CFR 1b.4.
E-Government Act
FSIS and the U.S. Department of
Agriculture (USDA) are committed to
achieving the purposes of the EGovernment 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.
Congressional Review Act
Pursuant to the Congressional Review
Act at 5 U.S.C. 801 et seq., the Office of
Information and Regulatory Affairs has
determined that this proposed rule is
not a ‘‘major rule,’’ as defined by 5
U.S.C. 804(2).
Additional Public Notification
Public awareness of all segments of
rulemaking and policy development is
important. Consequently, FSIS will
announce this Federal Register
publication on-line through the FSIS
web page located at: https://
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: https://
www.fsis.usda.gov/subscribe. Options
range from recalls to export information,
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regulations, directives, and notices.
Customers can add or delete
subscriptions themselves and have the
option to password protect their
accounts.
Meat inspection, Poultry and poultry
products, Reporting and recordkeeping
requirements.
9 CFR Part 381
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
Administrative practice and
procedure, Animal diseases, Crime,
Exports, Food grades and standards,
Food labeling, Food packaging,
Government employees, Grant
programs—agriculture, Imports,
Intergovernmental relations,
Laboratories, Meat inspection,
Nutrition, Polychlorinated biphenyls
(PCB’s), Poultry and poultry products,
Reporting and recordkeeping
requirements, Seizures and forfeitures,
Signs and symbols, Technical
assistance, Transportation.
9 CFR Part 533
To file a complaint of discrimination,
complete the USDA Program
Discrimination Complaint Form, which
may be accessed online at https://
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
Fish, Food grades and standards,
Government employees, Public health,
Seafood.
9 CFR Part 590
Eggs and egg products, Exports, Food
grades and standards, Food labeling,
Imports, Reporting and recordkeeping
requirements.
9 CFR Part 592
Eggs and egg products, Exports, Food
grades and standards, Food labeling,
Imports, Reporting and recordkeeping
requirements.
For the reasons set out in the
preamble, FSIS is proposing to amend 9
CFR Chapter III as follows:
PART 307—FACILITIES FOR
INSPECTION
1. The authority citation for part 307
continues to read as follows:
■
Authority: 7 U.S.C. 394, 21 U.S.C. 601–
695; 7 CFR 2.17, 2.55.
9 CFR Part 307
2. Revise § 307.1 to read as follows:
Government employees, Meat
inspection.
■
9 CFR Part 350
Office space, including necessary
furnishings, light, internet access, heat,
and janitor service, must be provided by
official establishments, rent free, for the
exclusive use for official purposes of the
inspector and other Program employees
assigned thereto. The space set aside for
this purpose must meet with approval of
the Frontline Supervisors and must be
conveniently located, properly
ventilated and provided with lockers
suitable for the protection and storage of
Program supplies and with facilities
suitable for Program employees to
change clothing if such clothes changing
facilities are deemed necessary by FSIS.
At the discretion of the Administrator,
§ 307.1
Meat inspection, Reporting and
recordkeeping requirements.
9 CFR Part 352
Food labeling, Meat inspection,
Reporting and recordkeeping
requirements.
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9 CFR Part 362
9 CFR Part 354
Administrative practice and
procedure, Animal diseases, Food
labeling, Meat inspection, Rabbits and
rabbit products, Reporting and
recordkeeping requirements, Signs and
symbols.
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small plants requiring the services of
less than one full-time inspector need
not furnish facilities as prescribed in
this section, where adequate facilities
exist in a nearby convenient location.
Laundry service for inspectors’ outer
work clothing must be provided by each
establishment. Establishments that lack
internet services are not required to
purchase internet services for use by
FSIS and establishments with internet
services inadequate for use by FSIS are
not required to upgrade such services.
PART 350—SPECIAL SERVICES
RELATING TO MEAT AND OTHER
PRODUCTS
3. The authority citation for part 350
continues to read as follows:
■
Authority: 7 U.S.C. 1622, 1624; 7 CFR
2.17, 2.55.
4. In § 350.7, revise the section
heading and add paragraph (h) to read
as follows:
■
§ 350.7 Fees, charges, and Internet
access.
*
*
*
*
*
(h) Internet access must be provided
by the applicant for service, rent free,
for the exclusive use for official
purposes of the inspector and other
Program employees assigned thereto.
Applicants that lack internet services
are not required to purchase internet
services for use by FSIS and applicants
with internet services inadequate for use
by FSIS are not required to upgrade
such services.
PART 352—EXOTIC ANIMALS AND
HORSES; VOLUNTARY INSPECTION
5. The authority citation for part 352
continues to read as follows:
■
Authority: 7 U.S.C. 1622, 1624; 7 CFR
2.17(g) and (i), 2.55.
6. In § 352.5, revise the section
heading and add paragraph (f) to read as
follows:
■
§ 352.5
Fees, charges and Internet access.
*
*
*
*
*
(f) Internet access must be provided
by the applicant for service, rent free,
for the exclusive use for official
purposes of the inspector and other
Program employees assigned thereto.
Applicants that lack internet services
are not required to purchase internet
services for use by FSIS and applicants
with internet services inadequate for use
by FSIS are not required to upgrade
such services.
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■
7. The authority citation for part 354
continues to read as follows:
(a) Inspector’s Office. Office space,
including, but not being limited to
furnishings, light, internet access, heat,
and janitor service, must be provided
rent free in the official establishment,
for the use of Government personnel for
official purposes. The room or space set
apart for this purpose must meet the
approval of Frontline Supervisors and
be conveniently located, properly
ventilated, and provided with lockers or
file cabinets suitable for the protection
and storage of supplies and with
facilities suitable for inspectors to
change clothing. At the discretion of the
Administrator, small plants requiring
the services of less than one full-time
inspector need not furnish facilities as
prescribed in this section, where
adequate facilities exist in a nearby
convenient location. Each official
establishment must provide commercial
laundry service for inspectors’ outer
work clothing, or disposable outer work
garments designed for one-time use, or
uniform rental service garments which
are laundered by the rental service.
Establishments that lack internet
services are not required to purchase
internet services for use by FSIS and
establishments with internet services
inadequate for use by FSIS are not
required to upgrade such services.
*
*
*
*
*
■
Authority: 7 U.S.C. 1622, 1624; 7 CFR
2.17(g) and (i), 2.55.
8. Revise § 354.221(g) to read as
follows:
■
§ 354.221
Rooms and compartments.
*
*
*
*
*
(g) Inspector’s office. Furnished office
space, including, but not being limited
to, light, heat, internet access, and
janitor service shall be provided rent
free in the official plant for the
exclusive use for official purposes of the
inspector and the Administration. The
room or rooms set apart for this purpose
must meet with the approval of the
Frontline Supervisor and be
conveniently located, properly
ventilated, and provided with lockers or
cabinets suitable for the protection and
storage of supplies and with facilities
suitable for inspectors to change
clothing. Facilities that lack internet
services are not required to purchase
internet services for use by FSIS, and
facilities with internet services
inadequate for use by FSIS are not
required to upgrade such services.
PART 362—VOLUNTARY POULTRY
INSPECTION REGULATIONS
9. The authority citation for part 362
continues to read as follows:
■
Authority: 7 U.S.C. 1622; 7 CFR 2.18(g)
and (i), 2.53.
10. In § 362.5, revise the section
heading and add paragraph (h) to read
as follows:
■
§ 381.36
Facilities required.
PART 533—SEPARATION OF
ESTABLISHMENT; FACILITIES FOR
INSPECTION; FACILITIES FOR
PROGRAM EMPLOYEES; OTHER
REQUIRED FACILITIES
13. The authority citation for part 533
continues to read as follows:
■
§ 362.5 Fees, charges, and Internet
access.
Authority: 21 U.S.C. 601–602, 606–622,
624–695; 7 CFR 2.7, 2.18, 2.53.
*
■
*
*
*
*
(h) Internet access must be provided
by the applicant for service, rent free,
for the exclusive use for official
purposes of the inspector and other
Program employees assigned thereto.
Applicants that lack internet services
are not required to purchase internet
services for use by FSIS and applicants
with internet services inadequate for use
by FSIS are not required to upgrade
such services.
jbell on DSKJLSW7X2PROD with PROPOSALS
12. Revise § 381.36(a) to read as
follows:
PART 354—VOLUNTARY INSPECTION
OF RABBITS AND EDIBLE PRODUCTS
THEREOF
PART 381—POULTRY PRODUCTS
INSPECTION REGULATIONS
11. The authority citation for part 381
continues to read as follows:
■
Authority: 7 U.S.C. 1633, 1901–1906; 21
U.S.C. 451–472; 7 CFR 2.18, 2.53.
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16:34 Mar 01, 2021
Jkt 253001
14. Revise § 533.3 to read as follows:
§ 533.3
Facilities for Program employees.
Office space, including necessary
furnishings, light, internet access, heat,
and janitor service, must be provided by
official establishments, rent free, for the
exclusive use for official purposes of the
inspector and other Program employees
assigned thereto. The space set aside for
this purpose shall meet with approval of
the District Manager or the frontline
supervisor and must be conveniently
located, properly ventilated, and
provided with lockers suitable for the
protection and storage of Program
supplies and with facilities suitable for
Program employees to change clothing if
such facilities are deemed necessary by
the frontline supervisor. At the
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
discretion of the Administrator, small
establishments requiring the services of
less than one full-time inspector need
not furnish facilities for Program
employees as prescribed in this section,
where adequate facilities exist in a
nearby convenient location. Laundry
service for inspectors’ outer work
clothing must be provided by each
establishment. Establishments that lack
internet services are not required to
purchase internet services for use by
FSIS and establishments with internet
services inadequate for use by FSIS are
not required to upgrade such services.
PART 590—INSPECTION OF EGGS
AND EGG PRODUCTS (EGG
PRODUCTS INSPECTION ACT)
15. The authority citation for part 590
continues to read as follows:
■
Authority: 21 U.S.C. 1031–1056; 7 CFR
2.18, 2.53.
16. Revise § 590.136(a) to read as
follows:
■
§ 590.136 Accommodations and
equipment to be furnished by facilities for
use of inspection program personnel in
performing service.
(a) Inspection program personnel
office. Office space, including, but not
limited to, furnishings, light, heat,
internet access, and janitor service, will
be provided without cost in the official
plant for the use of inspection program
personnel for official purposes. The
room or space set apart for this purpose
must meet the approval of the Food
Safety and Inspection Service and be
conveniently located, properly
ventilated, and provided with lockers or
file cabinets suitable for the protection
and storage of supplies and with
accommodations suitable for inspection
program personnel to change clothing.
At the discretion of the Administrator,
small official plants requiring the
services of less than one full-time
inspector need not furnish
accommodations for inspection program
personnel as prescribed in this section
where adequate accommodations exist
in a nearby convenient location. Plants
that lack internet services are not
required to purchase internet services
for use by FSIS, and plants with internet
services inadequate for use by FSIS are
not required to upgrade such services.
*
*
*
*
*
PART 592—VOLUNTARY INSPECTION
OF EGG PRODUCTS
17. The authority citation for part 592
continues to read as follows:
■
Authority: 7 U.S.C. 1621–1627.
E:\FR\FM\02MRP1.SGM
02MRP1
Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Proposed Rules
18. Revise § 592.95(b) to read as
follows:
■
§ 592.95 Facilities and equipment to be
furnished for use of inspection program
personnel in performing service.
*
*
*
*
*
(b) Acceptable furnished office space
and equipment, including but not being
limited to, internet access, a desk,
lockers or cabinets (equipped with a
satisfactory locking device) suitable for
the protection and storage of supplies,
and with facilities for inspection
program personnel to change clothing.
Facilities that lack internet services are
not required to purchase internet
services for use by FSIS, and facilities
with internet services inadequate for use
by FSIS are not required to upgrade
such services.
Done at Washington, DC.
Theresa Nintemann,
Acting Administrator.
[FR Doc. 2021–03609 Filed 3–1–21; 8:45 am]
BILLING CODE 3410–DM–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
Examining the AD Docket
[Docket No. FAA–2021–0105; Project
Identifier MCAI–2020–01422–R]
RIN 2120–AA64
Airworthiness Directives; Airbus
Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for all
Airbus Helicopters Model SA330J
helicopters. This proposed AD was
prompted by the failure of a second
stage planet gear installed in the main
gearbox (MGB). This proposed AD
would require repetitively inspecting
the MGB particle detector and the MGB
bottom housing (oil sump) for metal
particles, analyzing any metal particles
that are found, and replacement of the
MGB if necessary, as specified in a
European Aviation Safety Agency (now
European Union Aviation Safety
Agency) (EASA) AD, which is proposed
for incorporation by reference (IBR). The
FAA is proposing this AD to address the
unsafe condition on these products.
DATES: The FAA must receive comments
on this proposed AD by April 16, 2021.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
jbell on DSKJLSW7X2PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
16:34 Mar 01, 2021
Jkt 253001
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For material that is proposed for IBR
in this AD, contact the EASA, KonradAdenauer-Ufer 3, 50668 Cologne,
Germany; phone: +49 221 8999 000;
email: ADs@easa.europa.eu; internet:
www.easa.europa.eu. You may find this
material on the EASA website at https://
ad.easa.europa.eu. You may view this
material at the FAA, Office of the
Regional Counsel, Southwest Region,
10101 Hillwood Pkwy., Room 6N–321,
Fort Worth, TX 76177. For information
on the availability of this material at the
FAA, call 817–222–5110. It is also
available in the AD docket on the
internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2021–0105.
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0105; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this NPRM, any
comments received, and other
information. The street address for
Docket Operations is listed above.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT:
Mahmood G. Shah, Aviation Safety
Engineer, Fort Worth ACO Branch,
FAA, 10101 Hillwood Pkwy., Fort
Worth, TX 76177; phone: 817–222–
5538; email: mahmood.g.shah@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–2021–0105; Project Identifier
MCAI–2020–01422–R’’ at the beginning
of your comments. The most helpful
comments reference a specific portion of
the proposal, explain the reason for any
recommended change, and include
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
12127
supporting data. The FAA will consider
all comments received by the closing
date and may amend this proposal
because of those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to https://
www.regulations.gov, including any
personal information you provide. The
agency will also post a report
summarizing each substantive verbal
contact received about this proposal.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to Mahmood G. Shah,
Aviation Safety Engineer, Fort Worth
ACO Branch, FAA, 10101 Hillwood
Pkwy., Fort Worth, TX 76177; phone:
817–222–5538; email:
mahmood.g.shah@faa.gov. Any
commentary that the FAA receives that
is not specifically designated as CBI will
be placed in the public docket for this
rulemaking.
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2018–0272, dated December 13, 2018
(EASA AD 2018–0272) (also referred to
as the Mandatory Continuing
Airworthiness Information, or the
MCAI), to correct an unsafe condition
for all Airbus Helicopters Model SA330J
helicopters.
This proposed AD was prompted by
the failure of a second stage planet gear
installed in the MGB of an Airbus
Helicopters Model EC225LP helicopter.
Airbus Helicopters Model SA330J
helicopters have a similar design,
therefore, these models may be subject
to the unsafe condition revealed on the
Model EC225LP helicopter. The FAA is
proposing this AD to address failure of
E:\FR\FM\02MRP1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 39 (Tuesday, March 2, 2021)]
[Proposed Rules]
[Pages 12122-12127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03609]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Parts 307, 350, 352, 354, 362, 381, 533, 590, and 592
[Docket No. FSIS-2020-0019]
RIN 0583-AD86
Internet Access at Official Establishments and Plants
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Food Safety and Inspection Service (FSIS) is proposing to
amend its regulations to require official meat and poultry
establishments and egg products plants and businesses receiving
voluntary inspection services from FSIS that have an internet
connection to provide FSIS access to it for the purposes of conducting
and recording inspection verification activities. FSIS views internet
service as a necessary utility, like lighting, heating, and laundry
services, that should be provided by establishments as a regulatory
condition of receiving inspection. Under this proposal, FSIS would not
require establishments without internet access to purchase it or to
upgrade the internet services they have, if inadequate for FSIS use.
DATES: Submit comments on or before May 3, 2021.
ADDRESSES: FSIS invites interested persons to submit comments on the
proposed rule. Comments may be submitted by one of the following
methods:
Federal eRulemaking Portal: This website 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 https://www.regulations.gov. Follow the on-line instructions at that site for
submitting comments.
Mail, including CD-ROMs, etc.: Send to Docket Clerk, U.S.
Department of Agriculture, Food Safety and Inspection Service, 1400
Independence Avenue SW, Mailstop 3758, Washington, DC 20250-3700.
Hand- or courier-delivered submittals: Deliver to 1400
Independence Avenue SW, Jamie L. Whitten Building, Room 350-E,
Washington, DC 20250-3700.
Instructions: All items submitted by mail or electronic mail must
include the Agency name and docket number FSIS-2020-0019. Comments
received in response to this docket will be made available for public
inspection and posted without change, including any personal
information, to https://www.regulations.gov.
Docket: For access to background documents or comments received,
call (202) 720-5627 to schedule a time to visit the FSIS Docket Room at
1400 Independence Avenue SW, Washington, DC 20250-3700.
FOR FURTHER INFORMATION CONTACT: Rachel Edelstein, Assistant
Administrator, Office of Policy and Program Development; Telephone:
(202) 720-0399.
SUPPLEMENTARY INFORMATION:
Background
FSIS has been delegated the authority to exercise the functions of
the Secretary (7 CFR 2.18, 2.53) as specified in the Federal Meat
Inspection Act (FMIA) (21 U.S.C. 601, et seq.), the Poultry Products
Inspection Act (PPIA) (21 U.S.C. 451, et seq.) and the Egg Products
Inspection Act (EPIA) (21 U.S.C. 1031, et seq.). These statutes mandate
that FSIS protect the public by verifying that meat, poultry, and egg
products are safe, wholesome, unadulterated, and properly labeled and
packaged. In
[[Page 12123]]
addition to mandatory inspection, the Agricultural Marketing Act (AMA),
7 U.S.C. 1622, 1624, provides for inspection services to accommodate
business needs, such as obtaining certifications necessary to meet
requirements of importing countries or the inspection of nonamenable
products (voluntary reimbursable services). This includes the voluntary
service activities related to export certification (9 CFR part 350),
voluntary inspection of exotic animals (e.g., antelope, bison) (9 CFR
part 352), voluntary inspection of rabbits (9 CFR part 354), voluntary
poultry inspection (9 CFR part 362), and the voluntary inspection of
egg products (9 CFR part 592).
FSIS inspection program personnel (IPP) need to have efficient
internet access to receive their scheduled inspection tasks and to
record the results of the inspection tasks in the FSIS Public Health
Information System (PHIS). PHIS is a web-based software application
that integrates and streamlines all scheduling, assigning, tracking,
and documentation for mission required FSIS food safety functions such
as import management, export management, domestic production
inspections, and risk analysis. FSIS employees, representatives of
countries with whom the United States maintains an import and export
relationship, and meat, poultry, and egg products establishments, which
are subject to inspection, may all use PHIS. PHIS replaced several
legacy client-server applications, multiple automated paper, and email-
based processes.
For example, PHIS:
Contains the establishment profile data for both official
and non-official establishments that is used not only by IPP to perform
their verification activities but also by other FSIS program areas to
schedule laboratory sampling, inform policy decisions, and allocate
resources.
Contains slaughter totals and animal disposition
information for amenable and exotic species, as entered by IPP. This
data is used by FSIS and other USDA agencies (e.g., the Animal and
Plant Health Inspection Service) to inform policy decisions, track
emerging disease trends, and allocate resources.
Contains inspection results and provides IPP the ability
to issue non-compliance records to address regulatory violations at
official and non-official establishments.
Allows IPP to request sampling supplies and receive
laboratory sample results.
Provides for IPP review and approval of electronic import
applications in the PHIS import management component, as well as
electronic export applications for shipments destined to countries
included in the PHIS export component.
The regulations at 9 CFR 307.1, 381.36(a), and 533.3 require
official meat, poultry, and Siluriformes fish establishments to provide
FSIS IPP with office space, including necessary furnishings, light,
heat, and janitor services, rent free, for their exclusive use for
official purposes. These regulations state that, at the discretion of
the Administrator, small establishments requiring less than one full-
time inspector need not furnish such facilities. The regulations at
590.136(a) similarly state that egg products plants will furnish office
space, including furnishings, light, heat, and janitor service, without
cost, for the use of IPP for official purposes. These regulations also
provide that, at the discretion of the Administrator, small plants
requiring the services of less than one full-time inspector need not
furnish such accommodations.
The United States bears the cost of providing mandatory inspection
services to official establishments (21 U.S.C. 468, 695, 1053(a)),
while establishments and other facilities receiving voluntary
inspection services must pay for such services. FSIS regulations
governing the voluntary inspection of rabbits and egg products (e.g.,
inspection of the processing in official plants of products containing
eggs, sampling of products and quantity and condition inspection of
products) require that facilities purchasing such inspection services
provide office space and utilities for use by IPP. Specifically, the
regulations at 9 CFR 354.221(g) require facilities receiving voluntary
rabbit inspection to provide IPP with office space, including, but not
limited to, light, heat, and janitor services, without cost to the
Agency. And, the regulations at 9 CFR 592.95(b)require facilities
receiving voluntary inspection of egg products to provide IPP with
acceptable furnished office space and equipment, including, but not
limited to, a desk, lockers, or cabinets.
Establishments and other facilities that purchase other types of
voluntary services under 9 CFR 350.7(a), 352.5(a), 362.5(a), including
identification services, certification services, and voluntary
inspection services may be charged to cover the cost of ``other
expenses'' incurred by the Agency in connection with the furnishing of
inspection. FSIS considers internet access to be an expense necessary
for the provision of these voluntary inspection services.
As such, because internet access is a utility or expense necessary
for the provision of both mandatory and voluntary inspection services,
FSIS is proposing to require that establishments receiving mandatory
inspection or purchasing voluntary inspection services provide internet
access to IPP, as a condition of receiving inspection, provided the
establishment already has internet service adequate for FSIS needs.
Again, FSIS would not require establishments or facilities without
internet access to purchase it or to upgrade the internet services they
have, if inadequate for FSIS use.
Proposed Rule
FSIS is proposing to amend sections 9 CFR 307.1, 350.7(d),
352.5(d), 354.221(g), 362.5(d), 381.36(a), 533.3, 590.136(a), and
592.95(b) to require official meat, poultry, Siluriformes fish
establishments and egg products plants, as well as facilities receiving
voluntary services, including identification services, export
certification, and voluntary exotic animal and poultry inspection, that
have internet services, to provide FSIS IPP with internet access for
the purposes of conducting and recording inspection verification
activities. Consistent with the regulations providing that small
establishments requiring less than one full-time inspector need not
furnish FSIS with office space, lighting, heat, janitor services, and
lockers, under this proposal, FSIS would not require establishments or
facilities without internet access to purchase it or to upgrade the
internet services they have, if inadequate for FSIS use.
In addition, FSIS is proposing to update 9 CFR 307.1 and 381.36(a)
to change the title of the FSIS approving officials to Frontline
Supervisors because FSIS no longer uses the title Circuit Supervisors.
FSIS also proposes to change the use of the word ``shall'' to ``must''
in 9 CFR 307.1 and 381.36(a).
Executive Orders 12866 and 13563, 12988, and the Regulatory Flexibility
Act
Executive Orders (E.O.s) 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 proposed rule has been
[[Page 12124]]
designated as 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 (OMB) under E.O. 12866.
If this rule is finalized, FSIS does not expect any additional
industry or Agency costs, because FSIS would not require establishments
without internet access to purchase the services or to upgrade services
that are not adequate for FSIS's use. FSIS would have cost savings by
reducing the costs of providing internet access to FSIS IPP at
establishments.
Expected Benefits of the Proposed Rule
Internet connectivity benefits establishments and FSIS by
facilitating FSIS verification activities. Internet access lets FSIS
IPP more efficiently transmit or receive critical information (e.g.,
receiving information on test results, submitting data on establishment
operations, updating establishment profile information, and
facilitating global trade).
FSIS would benefit through reduced payments for internet
connection. FSIS spends on average $6.6 million \1\ annually providing
IPP with various forms of internet connection, such as direct or
wireless local area network (LAN), and wireless solutions at
approximately 1,500 establishments as well as additional mobile
wireless solutions for IPP on patrol assignments. Of the approximate
6,500 active establishments, FSIS estimates that approximately 6,000 to
6,300 establishments have email addresses,\2\ which we assume means
that these establishments have internet connection. The Agency is
seeking comment on the level of internet connectivity at establishments
that currently maintain internet services. If the Agency is able to use
internet provided by these establishments, it would result in an upper
bound savings of $6.6 million annualized at the 7 percent discount rate
over ten years.
---------------------------------------------------------------------------
\1\ This is the average cost calculated using the FSIS Office of
Chief Information Officer estimates of annual expenditures on
internet services: $6,272,000 in 2017, $6,755,000 in 2018, and
$6,755,000 in 2019.
\2\ The count of establishments, rounded to the nearest hundred,
with email addresses was compiled from the Office of Public Affairs
and Consumer Education on 5/15/2020. The count of active
establishments includes approximately 1,100 eligible importer/
exporter establishments and approximately 2,000 establishments that
have voluntary inspection eligibility. Data was downloaded from the
FSIS Public Health Information System on 8/14/2020.
---------------------------------------------------------------------------
Expected Costs of the Proposed Rule
FSIS expects any cost associated with this proposed rule to be de
minimis. Since most establishments have email addresses, FSIS expects
most establishments to have internet connectivity adequate for FSIS
needs. Such establishments would likely be able to provide internet
service to FSIS without a significant burden or additional costs to do
so. FSIS requests comments on the number and types of establishments or
facilities receiving mandatory or purchasing voluntary inspection
services that do not purchase internet services at all, do not purchase
internet services adequate for FSIS needs, or could not provide IPP
access to internet services without accruing significant costs, as well
as any cost estimates for providing IPP with access to the
establishment's existing internet services.
Regulatory Flexibility Act Assessment
The FSIS Administrator has made a preliminary determination that
this proposed rule, if finalized, would not have a significant economic
impact on a substantial number of small entities in the United States,
as defined by the Regulatory Flexibility Act (5 U.S.C. 601), because
any costs associated with the rule would be de minimis. FSIS would only
require small businesses to provide internet access to FSIS IPP if the
business has internet service and it's adequate for FSIS's use by IPP.
Executive Order 12988, Civil Justice Reform
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. Under this rule: (1) All State and local laws and
regulations that are inconsistent with this rule will be preempted; (2)
no retroactive effect will be given to this rule; and (3) no
administrative proceedings will be required before parties may file
suit in court challenging this rule.
Paperwork Reduction Act
There are no new paperwork or recordkeeping requirements associated
with this proposed rule under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501-3520).
Environmental Impact
Each USDA agency is required to comply with 7 CFR part 1b of the
Departmental regulations, which supplements the National Environmental
Policy Act regulations published by the Council on Environmental
Quality. Under these regulations, actions of certain USDA agencies and
agency units are categorically excluded from the preparation of an
Environmental Assessment (EA) or an Environmental Impact Statement
(EIS) unless the agency head determines that a particular action may
have a significant environmental effect (7 CFR 1b.4(a)). FSIS is among
the agencies categorically excluded from the preparation of an EA or
EIS (7 CFR 1b.4(b)(6)).
FSIS has determined that this proposed rule would not create any
extraordinary circumstances that would result in this normally excluded
action having a significant effect on the human environment. Therefore,
this action is appropriately subject to the categorical exclusion for
FSIS programs and activities under 7 CFR 1b.4.
E-Government Act
FSIS and the U.S. Department of Agriculture (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.
Congressional Review Act
Pursuant to the Congressional Review Act at 5 U.S.C. 801 et seq.,
the Office of Information and Regulatory Affairs has determined that
this proposed rule is not a ``major rule,'' as defined by 5 U.S.C.
804(2).
Additional Public Notification
Public awareness of all segments of rulemaking and policy
development is important. Consequently, FSIS will announce this Federal
Register publication on-line through the FSIS web page located at:
https://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: https://www.fsis.usda.gov/subscribe. Options range from recalls to
export information,
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regulations, directives, and notices. 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 https://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: [email protected].
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
9 CFR Part 307
Government employees, Meat inspection.
9 CFR Part 350
Meat inspection, Reporting and recordkeeping requirements.
9 CFR Part 352
Food labeling, Meat inspection, Reporting and recordkeeping
requirements.
9 CFR Part 354
Administrative practice and procedure, Animal diseases, Food
labeling, Meat inspection, Rabbits and rabbit products, Reporting and
recordkeeping requirements, Signs and symbols.
9 CFR Part 362
Meat inspection, Poultry and poultry products, Reporting and
recordkeeping requirements.
9 CFR Part 381
Administrative practice and procedure, Animal diseases, Crime,
Exports, Food grades and standards, Food labeling, Food packaging,
Government employees, Grant programs--agriculture, Imports,
Intergovernmental relations, Laboratories, Meat inspection, Nutrition,
Polychlorinated biphenyls (PCB's), Poultry and poultry products,
Reporting and recordkeeping requirements, Seizures and forfeitures,
Signs and symbols, Technical assistance, Transportation.
9 CFR Part 533
Fish, Food grades and standards, Government employees, Public
health, Seafood.
9 CFR Part 590
Eggs and egg products, Exports, Food grades and standards, Food
labeling, Imports, Reporting and recordkeeping requirements.
9 CFR Part 592
Eggs and egg products, Exports, Food grades and standards, Food
labeling, Imports, Reporting and recordkeeping requirements.
For the reasons set out in the preamble, FSIS is proposing to amend
9 CFR Chapter III as follows:
PART 307--FACILITIES FOR INSPECTION
0
1. The authority citation for part 307 continues to read as follows:
Authority: 7 U.S.C. 394, 21 U.S.C. 601-695; 7 CFR 2.17, 2.55.
0
2. Revise Sec. 307.1 to read as follows:
Sec. 307.1 Facilities for Program employees.
Office space, including necessary furnishings, light, internet
access, heat, and janitor service, must be provided by official
establishments, rent free, for the exclusive use for official purposes
of the inspector and other Program employees assigned thereto. The
space set aside for this purpose must meet with approval of the
Frontline Supervisors and must be conveniently located, properly
ventilated and provided with lockers suitable for the protection and
storage of Program supplies and with facilities suitable for Program
employees to change clothing if such clothes changing facilities are
deemed necessary by FSIS. At the discretion of the Administrator, small
plants requiring the services of less than one full-time inspector need
not furnish facilities as prescribed in this section, where adequate
facilities exist in a nearby convenient location. Laundry service for
inspectors' outer work clothing must be provided by each establishment.
Establishments that lack internet services are not required to purchase
internet services for use by FSIS and establishments with internet
services inadequate for use by FSIS are not required to upgrade such
services.
PART 350--SPECIAL SERVICES RELATING TO MEAT AND OTHER PRODUCTS
0
3. The authority citation for part 350 continues to read as follows:
Authority: 7 U.S.C. 1622, 1624; 7 CFR 2.17, 2.55.
0
4. In Sec. 350.7, revise the section heading and add paragraph (h) to
read as follows:
Sec. 350.7 Fees, charges, and Internet access.
* * * * *
(h) Internet access must be provided by the applicant for service,
rent free, for the exclusive use for official purposes of the inspector
and other Program employees assigned thereto. Applicants that lack
internet services are not required to purchase internet services for
use by FSIS and applicants with internet services inadequate for use by
FSIS are not required to upgrade such services.
PART 352--EXOTIC ANIMALS AND HORSES; VOLUNTARY INSPECTION
0
5. The authority citation for part 352 continues to read as follows:
Authority: 7 U.S.C. 1622, 1624; 7 CFR 2.17(g) and (i), 2.55.
0
6. In Sec. 352.5, revise the section heading and add paragraph (f) to
read as follows:
Sec. 352.5 Fees, charges and Internet access.
* * * * *
(f) Internet access must be provided by the applicant for service,
rent free, for the exclusive use for official purposes of the inspector
and other Program employees assigned thereto. Applicants that lack
internet services are not required to purchase internet services for
use by FSIS and applicants with internet services inadequate for use by
FSIS are not required to upgrade such services.
[[Page 12126]]
PART 354--VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS
THEREOF
0
7. The authority citation for part 354 continues to read as follows:
Authority: 7 U.S.C. 1622, 1624; 7 CFR 2.17(g) and (i), 2.55.
0
8. Revise Sec. 354.221(g) to read as follows:
Sec. 354.221 Rooms and compartments.
* * * * *
(g) Inspector's office. Furnished office space, including, but not
being limited to, light, heat, internet access, and janitor service
shall be provided rent free in the official plant for the exclusive use
for official purposes of the inspector and the Administration. The room
or rooms set apart for this purpose must meet with the approval of the
Frontline Supervisor and be conveniently located, properly ventilated,
and provided with lockers or cabinets suitable for the protection and
storage of supplies and with facilities suitable for inspectors to
change clothing. Facilities that lack internet services are not
required to purchase internet services for use by FSIS, and facilities
with internet services inadequate for use by FSIS are not required to
upgrade such services.
PART 362--VOLUNTARY POULTRY INSPECTION REGULATIONS
0
9. The authority citation for part 362 continues to read as follows:
Authority: 7 U.S.C. 1622; 7 CFR 2.18(g) and (i), 2.53.
0
10. In Sec. 362.5, revise the section heading and add paragraph (h) to
read as follows:
Sec. 362.5 Fees, charges, and Internet access.
* * * * *
(h) Internet access must be provided by the applicant for service,
rent free, for the exclusive use for official purposes of the inspector
and other Program employees assigned thereto. Applicants that lack
internet services are not required to purchase internet services for
use by FSIS and applicants with internet services inadequate for use by
FSIS are not required to upgrade such services.
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS
0
11. The authority citation for part 381 continues to read as follows:
Authority: 7 U.S.C. 1633, 1901-1906; 21 U.S.C. 451-472; 7 CFR
2.18, 2.53.
0
12. Revise Sec. 381.36(a) to read as follows:
Sec. 381.36 Facilities required.
(a) Inspector's Office. Office space, including, but not being
limited to furnishings, light, internet access, heat, and janitor
service, must be provided rent free in the official establishment, for
the use of Government personnel for official purposes. The room or
space set apart for this purpose must meet the approval of Frontline
Supervisors and be conveniently located, properly ventilated, and
provided with lockers or file cabinets suitable for the protection and
storage of supplies and with facilities suitable for inspectors to
change clothing. At the discretion of the Administrator, small plants
requiring the services of less than one full-time inspector need not
furnish facilities as prescribed in this section, where adequate
facilities exist in a nearby convenient location. Each official
establishment must provide commercial laundry service for inspectors'
outer work clothing, or disposable outer work garments designed for
one-time use, or uniform rental service garments which are laundered by
the rental service. Establishments that lack internet services are not
required to purchase internet services for use by FSIS and
establishments with internet services inadequate for use by FSIS are
not required to upgrade such services.
* * * * *
PART 533--SEPARATION OF ESTABLISHMENT; FACILITIES FOR INSPECTION;
FACILITIES FOR PROGRAM EMPLOYEES; OTHER REQUIRED FACILITIES
0
13. The authority citation for part 533 continues to read as follows:
Authority: 21 U.S.C. 601-602, 606-622, 624-695; 7 CFR 2.7,
2.18, 2.53.
0
14. Revise Sec. 533.3 to read as follows:
Sec. 533.3 Facilities for Program employees.
Office space, including necessary furnishings, light, internet
access, heat, and janitor service, must be provided by official
establishments, rent free, for the exclusive use for official purposes
of the inspector and other Program employees assigned thereto. The
space set aside for this purpose shall meet with approval of the
District Manager or the frontline supervisor and must be conveniently
located, properly ventilated, and provided with lockers suitable for
the protection and storage of Program supplies and with facilities
suitable for Program employees to change clothing if such facilities
are deemed necessary by the frontline supervisor. At the discretion of
the Administrator, small establishments requiring the services of less
than one full-time inspector need not furnish facilities for Program
employees as prescribed in this section, where adequate facilities
exist in a nearby convenient location. Laundry service for inspectors'
outer work clothing must be provided by each establishment.
Establishments that lack internet services are not required to purchase
internet services for use by FSIS and establishments with internet
services inadequate for use by FSIS are not required to upgrade such
services.
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS
INSPECTION ACT)
0
15. The authority citation for part 590 continues to read as follows:
Authority: 21 U.S.C. 1031-1056; 7 CFR 2.18, 2.53.
0
16. Revise Sec. 590.136(a) to read as follows:
Sec. 590.136 Accommodations and equipment to be furnished by
facilities for use of inspection program personnel in performing
service.
(a) Inspection program personnel office. Office space, including,
but not limited to, furnishings, light, heat, internet access, and
janitor service, will be provided without cost in the official plant
for the use of inspection program personnel for official purposes. The
room or space set apart for this purpose must meet the approval of the
Food Safety and Inspection Service and be conveniently located,
properly ventilated, and provided with lockers or file cabinets
suitable for the protection and storage of supplies and with
accommodations suitable for inspection program personnel to change
clothing. At the discretion of the Administrator, small official plants
requiring the services of less than one full-time inspector need not
furnish accommodations for inspection program personnel as prescribed
in this section where adequate accommodations exist in a nearby
convenient location. Plants that lack internet services are not
required to purchase internet services for use by FSIS, and plants with
internet services inadequate for use by FSIS are not required to
upgrade such services.
* * * * *
PART 592--VOLUNTARY INSPECTION OF EGG PRODUCTS
0
17. The authority citation for part 592 continues to read as follows:
Authority: 7 U.S.C. 1621-1627.
[[Page 12127]]
0
18. Revise Sec. 592.95(b) to read as follows:
Sec. 592.95 Facilities and equipment to be furnished for use of
inspection program personnel in performing service.
* * * * *
(b) Acceptable furnished office space and equipment, including but
not being limited to, internet access, a desk, lockers or cabinets
(equipped with a satisfactory locking device) suitable for the
protection and storage of supplies, and with facilities for inspection
program personnel to change clothing. Facilities that lack internet
services are not required to purchase internet services for use by
FSIS, and facilities with internet services inadequate for use by FSIS
are not required to upgrade such services.
Done at Washington, DC.
Theresa Nintemann,
Acting Administrator.
[FR Doc. 2021-03609 Filed 3-1-21; 8:45 am]
BILLING CODE 3410-DM-P
