Response to the Office of Inspector General's Recommendations on the Rulemaking Process for the Proposed Rule Modernization of Swine Slaughter Inspection, 37994-37995 [2021-15291]
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Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Notices
Federal Assistance Programs
DEPARTMENT OF AGRICULTURE
The title and number of the Federal
assistance programs, as found in the
Catalog of Federal Domestic Assistance,
to which this document applies is
10.138—Pandemic Livestock Indemnity
Program.
Food Safety and Inspection Service
lotter on DSK11XQN23PROD with NOTICES1
USDA Non-Discrimination Policy
In accordance with Federal civil
rights law and U.S. Department of
Agriculture (USDA) civil rights
regulations and policies, USDA, its
Agencies, offices, and employees, and
institutions participating in or
administering USDA programs are
prohibited from discriminating based on
race, color, national origin, religion, sex,
gender identity (including gender
expression), sexual orientation,
disability, age, marital status, family or
parental status, income derived from a
public assistance program, political
beliefs, or reprisal or retaliation for prior
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(not all bases apply to all programs).
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deadlines vary by program or incident.
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braille, large print, audiotape, American
Sign Language, etc.) should contact the
responsible Agency or USDA TARGET
Center at (202) 720–2600 or 844–433–
2774 (toll-free nationwide).
Additionally, program information may
be made available in languages other
than English.
To file a program discrimination
complaint, complete the USDA Program
Discrimination Complaint Form, AD–
3027, found online at https://
www.usda.gov/oascr/how-to-file-aprogram-discrimination-complaint and
at any USDA office or write a letter
addressed to USDA and provide in the
letter all the information requested in
the form. To request a copy of the
complaint form, call (866) 632–9992.
Submit your completed form or letter to
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usda.gov.
USDA is an equal opportunity
provider, employer, and lender.
Zach Ducheneaux,
Administrator, Farm Service Agency.
[FR Doc. 2021–15295 Filed 7–16–21; 8:45 am]
BILLING CODE 3410–05–P
VerDate Sep<11>2014
18:23 Jul 16, 2021
Jkt 253001
[Docket No. FSIS–2020–0023]
Response to the Office of Inspector
General’s Recommendations on the
Rulemaking Process for the Proposed
Rule Modernization of Swine Slaughter
Inspection
Food Safety and Inspection
Service, USDA.
ACTION: Notice.
AGENCY:
The Food Safety and
Inspection Service (FSIS) is responding
to two recommendations from the
USDA Office of Inspector General (OIG)
regarding the Agency’s rulemaking
process for the proposed rule entitled
Modernization of Swine Slaughter
Inspection, that included the proposal
to establish the New Swine Slaughter
Inspection System (NSIS).
FOR FURTHER INFORMATION CONTACT:
Rachel Edelstein, Assistant
Administrator, Office of Policy and
Program Development, telephone: (202)
205–0495.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
FSIS is providing information to
further address two recommendations
from the recent USDA OIG Final
Inspection Report, FSIS Rulemaking
Process for the Proposed Rule:
Modernization of Swine Slaughter
Inspection (Inspection Report 24801–
0001–41, June 23, 2020),1 both
concerning the presentation of data in a
preliminary worker safety analysis that
FSIS conducted when developing the
proposed rule.2 FSIS already responded
to the two recommendations and the
responses were printed in the OIG
report (available at https://
www.usda.gov/sites/default/files/auditreports/24801-0001-41.pdf). OIG did not
fully accept the FSIS responses,
however, and requested further
clarification about the data in a public
document.
In its final report, OIG recommended
(Recommendation #2) that FSIS
1 https://www.usda.gov/oig/audit-reports/fsisrulemaking-process-proposed-rule-modernizationswine-slaughter-inspection.
2 On March 31, 2021, the U.S. District Court for
the District of Minnesota vacated a portion of the
NSIS final rule. The Court found that FSIS violated
the Administrative Procedure Act because it asked
for comments on the impact of line speed increases
on worker safety in the proposed rule but did not
consider these comments in the final rule. The
Court vacated the final rule only insofar as it
eliminated the maximum line speed cap for NSIS
establishments. The other provisions of the final
rule were not affected by the Court’s decision.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
communicate to the public the correct
scope of data used in the FSIS
preliminary worker safety analysis.
Specifically, OIG found a typographical
error in the sentence in the proposed
rule that states, ‘‘FSIS compared inestablishment injury rates between
HACCP-Based Inspection Models
Project (HIMP) establishments and
traditional establishments from 2002 to
2010’’ (83 FR 4796). OIG pointed out in
its report that for the preliminary
worker safety analysis, FSIS also
examined CY 2011 results for 5 of 24
traditional establishments, which were
outside of its stated scope of CYs 2002
to 2010.
FSIS has acknowledged the
typographical error in discussions with
OIG and noted that it did not affect the
conclusions of the analysis or have any
bearing on its ability to be understood.
Regardless of what time span is used,
from 2002 to 2010 or from 2002 to 2011,
both show that HIMP 3 establishments
had lower mean injury rates than nonHIMP establishments. In addition, this
OIG recommendation was addressed in
the publication of the final rule to
modernize swine inspection (84 FR
52300), where FSIS included a link (84
FR 52305) to its Electronic Freedom of
Information Act Reading Room, which
contains documents that show FSIS’ full
analysis of worker injury data.
OIG also recommended
(Recommendation #3) that FSIS
communicate to the public two
limitations of the Occupational Safety
and Health Administration (OSHA) data
used for FSIS’ analysis. While the
Agency used the best publicly available
data and requested from the public
additional data resources on injuries in
swine establishments, OIG contended
that these two limitations should have
been discussed in the proposed or final
rules. Specifically, OIG stated that (1)
the OSHA data the agency used in its
analysis of the 29 establishments did
not include injury and illness rates for
all establishments for each of the 10
years, and (2) the OSHA data used did
not differentiate whether injuries/
illnesses occurred on the swine
slaughter line or elsewhere within the
establishment.
FSIS is publishing OIG’s two
observations about the data used in the
preliminary worker safety analysis in
response to OIG’s recommendation to
communicate these observations to the
public. Importantly, FSIS did not
develop the preliminary worker safety
3 The HACCP-Based Inspection Models Project, or
HIMP, was a pilot program for modernized poultry
and swine inspection, data from which informed
the New Poultry Inspection System and NSIS
rulemakings.
E:\FR\FM\19JYN1.SGM
19JYN1
Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Notices
analysis as a basis for the NSIS
rulemaking, to draw conclusions on
worker safety in HIMP or non-HIMP
establishments, or to determine whether
there is an associated impact on food
safety. Had FSIS developed the analysis
for any of these reasons, it would have
more thoroughly addressed data
limitations and uncertainty, as
recommended by OIG.
Instead, FSIS published the
preliminary worker safety analysis
solely to solicit comments for use by
OSHA and the National Institute for
Occupational Safety and Health
(NIOSH) in examining worker safety in
swine slaughter establishments. OSHA
and NIOSH are the Federal agencies
with jurisdiction over meat and poultry
establishment worker safety. Notably,
FSIS stated this immediately following
the discussion of the preliminary
analysis in the preamble to the proposed
rule (83 FR 4796):
lotter on DSK11XQN23PROD with NOTICES1
FSIS is requesting comments on the effects
of faster line speeds on worker safety.
Specifically, FSIS is requesting comments on
whether line speeds for the NSIS should be
set at the current regulatory limit of 1,106
hph or some other number. The Agency is
also interested in comments on the
availability of records or studies that contain
data that OSHA or the National Institute for
Occupational Safety and Health (NIOSH)
may be able to use in analyzing the effects
of increased line speed on the safety and
health of employees throughout the
establishment, including effects prior to and
following the evisceration line.
USDA Non-Discrimination Statement
In accordance with Federal civil
rights law and U.S. Department of
Agriculture (USDA) civil rights
regulations and policies, the USDA, its
Agencies, offices, and employees, and
institutions participating in or
administering USDA programs are
prohibited from discriminating based on
race, color, national origin, religion, sex,
gender identity (including gender
expression), sexual orientation,
disability, age, marital status, family/
parental status, income derived from a
public assistance program, political
beliefs, or reprisal or retaliation for prior
civil rights activity, in any program or
activity conducted or funded by USDA
(not all bases apply to all programs).
Remedies and complaint filing
deadlines vary by program or incident.
Persons with disabilities who require
alternative means of communication for
program information (e.g., Braille, large
print, audiotape, American Sign
Language, etc.) should contact the
responsible Agency or USDA’s TARGET
Center at (202) 720–2600 (voice and
TTY) or contact USDA through the
Federal Relay Service at (800) 877–8339.
VerDate Sep<11>2014
18:23 Jul 16, 2021
Jkt 253001
Additionally, program information may
be made available in languages other
than English.
To file a program discrimination
complaint, complete the USDA Program
Discrimination Complaint Form, AD–
3027, found online at https://
www.usda.gov/oascr/how-to-file-aprogram-discrimination-complaint and
at any USDA office or write a letter
addressed to USDA and provide in the
letter all of the information requested in
the form. To request a copy of the
complaint form, call (866) 632–9992.
Submit your completed form or letter to
USDA by: (1) Mail: U.S. Department of
Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400
Independence Avenue SW, Washington,
DC 20250–9410; (2) fax: (202) 690–7442;
or (3) email: program.intake@usda.gov.
USDA is an equal opportunity
provider, employer, and lender.
Additional Public Notification
Public awareness of all segments of
rulemaking and policy development is
important. Consequently, FSIS will
announce this Federal Register
publication online through the FSIS
web page located at: https://
www.fsis.usda.gov/federal-register.
FSIS also will announce and provide
a link to it 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, regulations, directives, and
notices. Customers can add or delete
subscriptions themselves and have the
option to password protect their
accounts.
Done at Washington, DC.
Paul Kiecker,
Administrator.
[FR Doc. 2021–15291 Filed 7–16–21; 8:45 am]
BILLING CODE 3410–DM–P
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37995
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. FSIS–2018–0033]
Availability of Two Revised Guidelines
for Minimizing the Risk of Shiga ToxinProducing Escherichia Coli (STEC) in
Beef Slaughter and Processing
Operations
Food Safety and Inspection
Service, Agriculture (USDA).
ACTION: Notice of availability and
response to comments.
AGENCY:
The Food Safety and
Inspection Service (FSIS) is announcing
that it has updated two of its guidelines
for minimizing the risk of Shiga toxinproducing Escherichia coli (STEC) in
beef slaughter (including veal) and
processing operations. Additionally,
FSIS is responding to comments on the
guidelines.
ADDRESSES: Downloadable versions of
the guidelines are available to view and
print at https://www.fsis.usda.gov/wps/
portal/fsis/topics/regulatorycompliance/guidelines. No hard copies
of the guidelines have been published.
FOR FURTHER INFORMATION CONTACT:
Rachel Edelstein, Assistant
Administrator, Office of Policy and
Program Development by telephone at
(202) 205–0495.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On March 3, 2017, FSIS announced in
the Constituent Update 1 the availability
of the FSIS Compliance Guideline for
Minimizing the Risk of Shiga Toxinproducing Escherichia coli (STEC) and
Salmonella in Beef (including Veal)
Slaughter Operations (hereafter referred
to as the beef slaughter guideline). On
September 6, 2017, FSIS announced in
the Federal Register the availability of
the FSIS Compliance Guideline for
Minimizing the Risk of Shiga ToxinProducing Escherichia coli (STEC) in
Raw Beef (including Veal) Processing
Operations (hereafter referred to as the
beef processing guideline).2 FSIS
published these guidelines to advise
small and very small establishments on
the best practices for beef slaughter and
processing to prevent, eliminate, or
1 The March 3, 2017 Constituent Update is
located at: https://www.fsis.usda.gov/news-events/
news-press-releases/constituent-update-march-32017.
2 FSIS Compliance Guideline for Minimizing the
Risk of Shiga Toxin-Producing Escherichia coli
(STEC) in Raw Beef (including Veal) Processing
Operations can be found at: https://
www.govinfo.gov/app/details/FR-2017-09-06/201718847.
E:\FR\FM\19JYN1.SGM
19JYN1
]]>Agencies
[Federal Register Volume 86, Number 135 (Monday, July 19, 2021)]
[Notices]
[Pages 37994-37995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15291]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. FSIS-2020-0023]
Response to the Office of Inspector General's Recommendations on
the Rulemaking Process for the Proposed Rule Modernization of Swine
Slaughter Inspection
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Food Safety and Inspection Service (FSIS) is responding to
two recommendations from the USDA Office of Inspector General (OIG)
regarding the Agency's rulemaking process for the proposed rule
entitled Modernization of Swine Slaughter Inspection, that included the
proposal to establish the New Swine Slaughter Inspection System (NSIS).
FOR FURTHER INFORMATION CONTACT: Rachel Edelstein, Assistant
Administrator, Office of Policy and Program Development, telephone:
(202) 205-0495.
SUPPLEMENTARY INFORMATION:
Background
FSIS is providing information to further address two
recommendations from the recent USDA OIG Final Inspection Report, FSIS
Rulemaking Process for the Proposed Rule: Modernization of Swine
Slaughter Inspection (Inspection Report 24801-0001-41, June 23,
2020),\1\ both concerning the presentation of data in a preliminary
worker safety analysis that FSIS conducted when developing the proposed
rule.\2\ FSIS already responded to the two recommendations and the
responses were printed in the OIG report (available at https://www.usda.gov/sites/default/files/audit-reports/24801-0001-41.pdf). OIG
did not fully accept the FSIS responses, however, and requested further
clarification about the data in a public document.
---------------------------------------------------------------------------
\1\ https://www.usda.gov/oig/audit-reports/fsis-rulemaking-process-proposed-rule-modernization-swine-slaughter-inspection.
\2\ On March 31, 2021, the U.S. District Court for the District
of Minnesota vacated a portion of the NSIS final rule. The Court
found that FSIS violated the Administrative Procedure Act because it
asked for comments on the impact of line speed increases on worker
safety in the proposed rule but did not consider these comments in
the final rule. The Court vacated the final rule only insofar as it
eliminated the maximum line speed cap for NSIS establishments. The
other provisions of the final rule were not affected by the Court's
decision.
---------------------------------------------------------------------------
In its final report, OIG recommended (Recommendation #2) that FSIS
communicate to the public the correct scope of data used in the FSIS
preliminary worker safety analysis. Specifically, OIG found a
typographical error in the sentence in the proposed rule that states,
``FSIS compared in-establishment injury rates between HACCP-Based
Inspection Models Project (HIMP) establishments and traditional
establishments from 2002 to 2010'' (83 FR 4796). OIG pointed out in its
report that for the preliminary worker safety analysis, FSIS also
examined CY 2011 results for 5 of 24 traditional establishments, which
were outside of its stated scope of CYs 2002 to 2010.
FSIS has acknowledged the typographical error in discussions with
OIG and noted that it did not affect the conclusions of the analysis or
have any bearing on its ability to be understood. Regardless of what
time span is used, from 2002 to 2010 or from 2002 to 2011, both show
that HIMP \3\ establishments had lower mean injury rates than non-HIMP
establishments. In addition, this OIG recommendation was addressed in
the publication of the final rule to modernize swine inspection (84 FR
52300), where FSIS included a link (84 FR 52305) to its Electronic
Freedom of Information Act Reading Room, which contains documents that
show FSIS' full analysis of worker injury data.
---------------------------------------------------------------------------
\3\ The HACCP-Based Inspection Models Project, or HIMP, was a
pilot program for modernized poultry and swine inspection, data from
which informed the New Poultry Inspection System and NSIS
rulemakings.
---------------------------------------------------------------------------
OIG also recommended (Recommendation #3) that FSIS communicate to
the public two limitations of the Occupational Safety and Health
Administration (OSHA) data used for FSIS' analysis. While the Agency
used the best publicly available data and requested from the public
additional data resources on injuries in swine establishments, OIG
contended that these two limitations should have been discussed in the
proposed or final rules. Specifically, OIG stated that (1) the OSHA
data the agency used in its analysis of the 29 establishments did not
include injury and illness rates for all establishments for each of the
10 years, and (2) the OSHA data used did not differentiate whether
injuries/illnesses occurred on the swine slaughter line or elsewhere
within the establishment.
FSIS is publishing OIG's two observations about the data used in
the preliminary worker safety analysis in response to OIG's
recommendation to communicate these observations to the public.
Importantly, FSIS did not develop the preliminary worker safety
[[Page 37995]]
analysis as a basis for the NSIS rulemaking, to draw conclusions on
worker safety in HIMP or non-HIMP establishments, or to determine
whether there is an associated impact on food safety. Had FSIS
developed the analysis for any of these reasons, it would have more
thoroughly addressed data limitations and uncertainty, as recommended
by OIG.
Instead, FSIS published the preliminary worker safety analysis
solely to solicit comments for use by OSHA and the National Institute
for Occupational Safety and Health (NIOSH) in examining worker safety
in swine slaughter establishments. OSHA and NIOSH are the Federal
agencies with jurisdiction over meat and poultry establishment worker
safety. Notably, FSIS stated this immediately following the discussion
of the preliminary analysis in the preamble to the proposed rule (83 FR
4796):
FSIS is requesting comments on the effects of faster line speeds
on worker safety. Specifically, FSIS is requesting comments on
whether line speeds for the NSIS should be set at the current
regulatory limit of 1,106 hph or some other number. The Agency is
also interested in comments on the availability of records or
studies that contain data that OSHA or the National Institute for
Occupational Safety and Health (NIOSH) may be able to use in
analyzing the effects of increased line speed on the safety and
health of employees throughout the establishment, including effects
prior to and following the evisceration line.
USDA Non-Discrimination Statement
In accordance with Federal civil rights law and U.S. Department of
Agriculture (USDA) civil rights regulations and policies, the USDA, its
Agencies, offices, and employees, and institutions participating in or
administering USDA programs are prohibited from discriminating based on
race, color, national origin, religion, sex, gender identity (including
gender expression), sexual orientation, disability, age, marital
status, family/parental status, income derived from a public assistance
program, political beliefs, or reprisal or retaliation for prior civil
rights activity, in any program or activity conducted or funded by USDA
(not all bases apply to all programs). Remedies and complaint filing
deadlines vary by program or incident.
Persons with disabilities who require alternative means of
communication for program information (e.g., Braille, large print,
audiotape, American Sign Language, etc.) should contact the responsible
Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or
contact USDA through the Federal Relay Service at (800) 877-8339.
Additionally, program information may be made available in languages
other than English.
To file a program discrimination complaint, complete the USDA
Program Discrimination Complaint Form, AD-3027, found online at https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint and
at any USDA office or write a letter addressed to USDA and provide in
the letter all of the information requested in the form. To request a
copy of the complaint form, call (866) 632-9992. Submit your completed
form or letter to USDA by: (1) Mail: U.S. Department of Agriculture,
Office of the Assistant Secretary for Civil Rights, 1400 Independence
Avenue SW, Washington, DC 20250-9410; (2) fax: (202) 690-7442; or (3)
email: [email protected].
USDA is an equal opportunity provider, employer, and lender.
Additional Public Notification
Public awareness of all segments of rulemaking and policy
development is important. Consequently, FSIS will announce this Federal
Register publication online through the FSIS web page located at:
https://www.fsis.usda.gov/federal-register.
FSIS also will announce and provide a link to it 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, regulations, directives, and notices. Customers can add or
delete subscriptions themselves and have the option to password protect
their accounts.
Done at Washington, DC.
Paul Kiecker,
Administrator.
[FR Doc. 2021-15291 Filed 7-16-21; 8:45 am]
BILLING CODE 3410-DM-P
