Establishing a Uniform Time Period Requirement and Clarifying Related Procedures for the Filing of Appeals of Agency Inspection Decisions or Actions, 63420-63424 [2022-22666]
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Federal Register / Vol. 87, No. 201 / Wednesday, October 19, 2022 / Rules and Regulations
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Parts 327, 351, 354, 381, 500,
590 and 592
[Docket No. FSIS 2019–0001]
RIN 0583–AD76
Establishing a Uniform Time Period
Requirement and Clarifying Related
Procedures for the Filing of Appeals of
Agency Inspection Decisions or
Actions
Food Safety and Inspection
Service (FSIS), U.S. Department of
Agriculture (USDA).
ACTION: Final rule.
AGENCY:
FSIS is amending its
regulations to establish a uniform time
period requirement for the filing of
appeals of certain Agency inspection
decisions or actions.
DATES: Effective December 19, 2022.
FOR FURTHER INFORMATION CONTACT:
Rachel Edelstein, Assistant
Administrator, Office of Policy and
Program Development, Food Safety and
Inspection Service, U.S. Department of
Agriculture; Telephone: (202) 205–0495.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Background
On July 15, 2021, FSIS proposed to
amend its regulations to establish a
uniform time period requirement for the
filing of appeals of certain Agency
inspection decisions or actions (86 FR
37251). As FSIS explained in the
proposed rule, current regulatory
requirements for appeals of FSIS
decisions or actions related to
inspection activities appear across
multiple subsections of the FSIS
regulations. FSIS regulations also
provide varied information about
appeals requirements and procedures,
such as who may file an appeal, where
to file an appeal, what information may
be submitted with the appeal, and
whether the appellant must bear the
cost of the appeal if it is determined to
be frivolous.
To clarify and simplify inspection
appeals procedures, FSIS proposed the
following changes to the regulations:
1. Requiring eligible persons to appeal
decisions or actions related to
inspection activities within 30 calendar
days after receiving notification, either
orally or in writing (via electronic or
hard copy communication), of the initial
decision or action.
2. Clarifying and simplifying the
following Agency requirements and
procedures concerning such appeals:
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a. Any establishment subject to
mandatory Federal inspection or any
facility receiving voluntary inspection
services under the regulations that
believes it has been adversely affected
by an applicable decision or action may
file an appeal;
b. Such appeal must be submitted to
the immediate supervisor of the
inspector or other Agency employee
who undertook the contested decision
or action;
c. The appellant may support the
appeal by any argument or evidence as
to why the appeal should be granted;
and
d. Eliminating the requirement,
currently prescribed in several
subsections of the regulations, that the
appellant must bear the cost of an
appeal of an Agency decision or action
if the appeal is determined to be
frivolous.
3. Revising several sections of the
regulations (9 CFR 327.10(d)(2), 327.24,
351.21, 354.134, 355.39, 381.35,
381.202(d), 381.204(f)(2), and 592.400)
to state that appeals of relevant Agency
decisions or actions must be made in
accordance with the new Rules of
Practice subsection, 9 CFR 500.9.
After considering the comments
received on the proposed rule,
discussed below, FSIS is finalizing the
proposed rule with four changes. First,
in response to public comment, the final
rule clarifies that the 30-day time period
to file an appeal of an applicable
Agency decision or action will apply to
the initial appeal and all subsequent
appeals for the same issue within the
FSIS chain of command.
Second, in response to public
comment, the final rule clarifies that the
time period to appeal an applicable
Agency decision or action starts after
the appellant receives written (rather
than oral) notification of the contested
inspection decision or action.
Third, due to an amendment to the
FSIS regulations that was made after the
proposed rule was published, this final
rule removes one revision concerning
appeals of certified pet food decisions or
actions. On May 20, 2022, FSIS
amended its regulations to remove the
certified pet food provisions from its
regulations because they were outdated
and no companies use the voluntary
service (87 FR 30773). Therefore, this
final rule does not include the proposed
change to the removed section 9 CFR
355.39—Appeals from decisions made
under this part.
Finally, due to a second amendment
to the FSIS regulations that was made
after the proposed rule was published,
this final rule includes one revision
concerning appeals of egg products
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inspection decisions or actions. On
October 29, 2020, FSIS amended its
regulations to modernize egg products
inspection under the Egg Products
Inspection Act (21 U.S.C. 1031, et seq.)
(85 FR 68640). To align that egg
products final rule with the new
uniform appeals process requirements,
this final rule revises 9 CFR 590.300 and
9 CFR 590.310 to state that appeals of
Agency decisions or actions concerning
egg products inspections must be filed
in accordance with 9 CFR 500.9.
Comments and Responses
FSIS received five comments on the
proposed rule. FSIS received four
comments from trade associations
representing the meat and poultry
industries and one comment from a firm
providing consultancy services to the
meat and poultry industries. A summary
of the comments and FSIS’ responses
follows.
Time Period To File an Initial Appeal
Comment: Four commenters stated
that the time period for filing an initial
appeal should be longer than the
proposed 30 calendar days to provide
appellants sufficient time to access the
relevant Agency decision or action and
decide whether to appeal. Two industry
groups recommended a time period of at
least 90 days. Two other industry
groups recommended a time period of
120 days.
Response: FSIS disagrees. Thirty
calendar days will provide prospective
appellants sufficient time to gather
necessary information and respond to
applicable Agency actions and decisions
while ensuring the regulatory intent to
provide for a consolidated, streamlined
appeals process. Prospective appellants
should be able to readily access relevant
Agency decisions or actions because
they are provided written notice of such
decisions or actions when they are
issued. Further, each quarter the Agency
publishes to the FSIS website a
summary of the enforcement actions
FSIS has taken to ensure that products
that reach consumers are safe,
wholesome, and properly labeled.1 The
30-day time period requirement will
ensure that the Agency publishes timely
data.
Time Period To File Subsequent
Appeals
Comment: Three industry groups
stated that appellants should be
provided equal time to file subsequent
appeals of a specific Agency decision or
1 The Quarterly Enforcement Reports are available
at: https://www.fsis.usda.gov/inspection/regulatoryenforcement/quarterly-enforcement-reports.
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action to the next level in the FSIS
chain of command if the initial appeal
of the underlining decision or action is
denied, in order to provide appellants
sufficient time to prepare such filings
and to avoid inconsistent or arbitrary
time period requirements imposed by
FSIS personnel.
Response: FSIS agrees. The scope of
this final rule includes the 30-day time
period requirement for the filing of all
appeals in the FSIS chain of command
of an applicable Agency decision or
action.
Written Notification of Agency Action or
Decision
Comment: Three industry groups
stated that the start of the time period
for filing an appeal should be based on
the appellant’s receipt of written
notification (rather than oral
notification) of an applicable Agency
decision or action.
Response: FSIS agrees. This final rule
clarifies that the appeal filing time
period will be based on the prospective
appellant’s receipt of written
notification of the applicable Agency
action or decision.
Waiver of Time Period Requirement
Comment: One industry group stated
that the time period requirement for
filing appeals should be waived or
reopened in certain circumstances, such
as when the Agency issues a
noncompliance record (NR) that is
directly related to a previous NR. This
commenter also stated that FSIS should
establish a process for waiving or
restarting the appeals time period under
such circumstances.
Response: FSIS disagrees. The
regulations provide persons the
opportunity to appeal after each
applicable Agency decision or action.
As mentioned above, 30 days should be
sufficient time to file an appeal. FSIS is
not establishing a separate process to
waive or reopen the time period for
appeals.
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Time Period Requirements for Agency
Appeal Responses and Related
Procedures
Comment: Four industry groups
stated that FSIS should establish and
enforce time period requirements for the
Agency’s responses to appeals of its
actions and decisions, as well as other
procedures related to the administration
of the appeals process.
Response: FSIS disagrees. FSIS will
issue instructions to personnel to ensure
the Agency responds to appeals in a
timely manner but will not codify
requirements for FSIS personnel.
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‘‘Adversely Affected’’ Standard
Comment: Two industry groups
questioned the proposed requirement
that a person must be ‘‘adversely
affected’’ by a relevant Agency decision
or action to file an appeal. The
commenters stated that the impact on
the prospective appellant should not be
a determining factor concerning
whether a person should be able to
appeal.
Response: FSIS disagrees. There is no
basis to file an appeal of an Agency
inspection decision or action that did
not adversely affect the appellant. When
there is no adverse effect involved,
industry may resolve differences of
opinion in FSIS memoranda of
interview, in other Agency documents,
and through discussions with field
personnel. The requirement that an
appellant be adversely affected by the
relevant Agency action or decision will
ensure that persons directly and
materially impacted by such actions or
decisions are able to seek relief. This
regulatory provision will also facilitate
a timely, streamlined appeals process,
as the Agency will be able to focus its
resources on reviewing actions and
decisions that have tangible,
consequential impacts on involved
persons.
Final Rule Effective Date
Comment: One industry group stated
that the effective date of any regulatory
changes to the appeals process should
provide industry sufficient time to
adjust to the new requirements.
Response: FSIS agrees. The Agency
recognizes the need to provide industry
time to comply with the regulatory
changes to the appeals process.
Consistent with other FSIS regulations,
the requirements established by the
final rule are effective 60 days after
publication in the Federal Register,
which is December 19, 2022.
Applicability To Recall Decisions
Comment: One commenter asked
whether the time period requirement for
appeals would apply to recall decisions.
Response: The requirements
established by this final rule, including
the uniform time period for filing
appeals of certain Agency actions and
decisions, will not apply to FSIS
requests for recall of meat, poultry, or
egg products. As the recall of such
product is a voluntary decision made by
the relevant establishment or facility,
rather than an Agency decision or
action, it is not applicable to this final
rule. However, if industry decided to
appeal any NRs related to the recall,
those appeals would be subject to this
rule.
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Executive Orders 12866 and 13563
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
benefits, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This final rule has been
designated a ‘‘non-significant’’
regulatory action under section 3(f) of
E.O. 12866. Accordingly, the rule has
not been reviewed by the Office of
Management and Budget under E.O.
12866.
Economic Impact Analysis
The final rule is expected to
economically benefit industry by
providing a harmonized, streamlined
appeals process. Consolidating the
inspection appeals procedures from
multiple subsections of the CFR,
simplifying the process, eliminating
charges for frivolous appeals, and
setting a uniform time period
requirement will reduce the regulatory
burden placed on industry.
Similarly, clarifying and simplifying
Agency inspection appeals procedures
is expected to benefit the Agency by
reducing inefficiencies and facilitating
better use of Agency personnel and
resources. The actions will also increase
the likelihood that relevant physical
evidence, as well as directly involved
personnel, will be available during the
appeals process.
The uniform time period requirement
is not expected to increase industry’s
labor or capital costs. Currently, the
majority of appeals of FSIS decisions or
actions related to inspection activities
mandated under 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.) are filed
within several months of the appellant’s
notification of the contested decision or
action. For example, between June 2020
and May 2022, the Agency received
1,499 appeals from official
establishments to contest NRs issued to
address findings of regulatory
violations. Of these appeals, sixty-nine
(69) percent were filed within 30
calendar days, twenty-six (26) percent
were filed between 31 and 180 calendar
days, and five (5) percent were filed
after 180 calendar days. Further, the
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time period requirement will lengthen
the amount of time that an appeal may
be filed for certain types of Agency
decisions or actions. Therefore, the
uniform time period requirement will
encourage the timely filing of appeals
without imposing substantial cost
burdens on current industry practices.
Regulatory Flexibility Act
The FSIS Administrator has made a
determination that this final rule will
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,
et seq.). The final rule is not expected
to increase costs to the industry. The
final rule may provide some cost
savings to industry related to the
uniform filing of appeals of certain
Agency decisions or actions, but any
benefits from the final rule would not be
significant.
Paperwork Reduction Act
There are no paperwork or
recordkeeping requirements associated
with this final rule under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
E-Government Act
FSIS and 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.
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Executive Order 12988, Civil Justice
Reform
This final rule has been reviewed
under E.O. 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. However,
parties may be required to exhaust their
administrative remedies, including the
appeals process established in this rule,
before challenging in court any specific
agency action that is the subject of an
appeal pursuant to this rule.
Executive Order 13175
This rule has been reviewed in
accordance with the requirements of
E.O. 13175, ‘‘Consultation and
Coordination with Indian Tribal
Governments.’’ E.O. 13175 requires
Federal agencies to consult and
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coordinate with tribes on a governmentto-government basis on policies that
have tribal implications, including
regulations, legislative comments or
proposed legislation, and other policy
statements or actions that have
substantial direct effects on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
FSIS has assessed the impact of this
rule on Indian tribes and determined
that this rule does not, to our
knowledge, have tribal implications that
require tribal consultation under E.O.
13175. If a tribe requests consultation,
FSIS will work with the Office of Tribal
Relations to ensure meaningful
consultation is provided where changes,
additions, and modifications identified
herein are not expressly mandated by
Congress.
USDA’s Non-Discrimination Statement
In accordance with Federal civil
rights law and USDA civil rights
regulations and policies, USDA, its
Mission Areas, agencies, staff offices,
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.
Program information may be made
available in languages other than
English. Persons with disabilities who
require alternative means of
communication to obtain program
information (e.g., Braille, large print,
audiotape, American Sign Language)
should contact the responsible Mission
Area, agency, or staff office; the USDA
TARGET Center at (202) 720–2600
(voice and TTY); or the Federal Relay
Service at (800) 877–8339.
To file a program discrimination
complaint, a complainant should
complete a Form AD–3027, USDA
Program Discrimination Complaint
Form, which can be obtained online at
https://www.ocio.usda.gov/document/
ad-3027, from any USDA office, by
calling (866) 632–9992, or by writing a
letter addressed to USDA. The letter
must contain the complainant’s name,
address, telephone number, and a
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written description of the alleged
discriminatory action in sufficient detail
to inform the Assistant Secretary for
Civil Rights (ASCR) about the nature
and date of an alleged civil rights
violation. The completed AD–3027 form
or letter must be submitted 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; or
(2) Fax: (833) 256–1665 or (202) 690–
7442; or
(3) Email: program.intake@usda.gov
USDA is an equal opportunity
provider, employer, and lender.
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 an action
may have a significant environmental
effect (7 CFR 1b.4 (b)). 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 final
rule, which establishes a uniform time
period requirement for the filing of
appeals of certain Agency inspection
decisions or actions, and clarifies and
simplifies appeals procedures generally,
will not create any extraordinary
circumstances that would result in this
normally excluded action having a
significant individual or cumulative
effect on the human environment.
Therefore, this action is appropriately
subject to the categorical exclusion from
the preparation of an environmental
assessment or environmental impact
statement provided under 7 CFR 1b.4(6)
of the U.S. Department of Agriculture
regulations.
Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801, et seq.), the Office of
Information and Regulatory Affairs has
determined that this 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
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publication on-line through the FSIS
web page located at: https://
www.fsis.usda.gov/federal-register.
FSIS will also announce and provide
a link 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.
§ 327.10 Samples; inspection of
consignments; refusal of entry; marking.
List of Subjects
§ 327.24
9 CFR Part 327
Any appeal of a decision or action of
any program employee will be made to
his/her immediate supervisor having
responsibility over the subject matter of
the appeal in accordance with 9 CFR
500.9.
Imported products.
9 CFR Part 351
Certification of technical animal fats
for export.
*
*
*
*
(d) * * *
(2) An official import establishment’s
controlled pre-stamping privilege may
be cancelled orally or in writing by the
inspector or other Agency employee
who is supervising its enforcement
whenever the employee finds that the
official import establishment has failed
to comply with the provisions of this
part or any conditions imposed
pursuant thereto. If the cancellation is
oral, the decision or action and the
reasons therefor will be confirmed in
writing, as promptly as circumstances
allow. Any person whose controlled
pre-stamping privilege has been
cancelled may appeal the decision or
action in accordance with 9 CFR 500.9.
The appeal must state all of the facts
and reasons upon which the person
relies to show that the controlled prestamping privilege was wrongfully
cancelled.
*
*
*
*
*
■ 3. Revise § 327.24 to read as follows:
Voluntary inspection of rabbits and
edible products thereof.
4. The authority citation for part 351
continues to read as follows:
■
9 CFR Part 381
Poultry products inspection
regulations.
Authority: 7 U.S.C. 1622, 1624; 7 CFR 2.17
(g) and (i), 2.55.
9 CFR Part 500
■
9 CFR Part 590
Inspection of eggs and egg products
(Egg Products Inspection Act).
9 CFR Part 592
Voluntary inspection of egg products.
For the reasons set forth in the
preamble, FSIS is amending 9 CFR parts
327, 351, 354, 381, 500, 590 and 592 as
follows:
Authority: 7 U.S.C. 1622, 1624; 7 CFR 2.17
(g) and (i), 2.55.
1. The authority citation for part 327
continues to read as follows:
Authority: 21 U.S.C. 601–695; 7 CFR 2.18,
2.53.
2. In § 327.10, revise paragraph (d)(2)
to read as follows:
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PART 354—VOLUNTARY INSPECTION
OF RABBITS AND EDIBLE PRODUCTS
THEREOF
6. The authority citation for part 354
continues to read as follows:
■
■
Any person receiving inspection
service may, if dissatisfied with any
decision of an inspector relating to any
inspection, file an appeal from such
decision or action in accordance with 9
CFR 500.9.
■
PART 327—IMPORTED PRODUCTS
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5. Revise § 351.21 to read as follows:
§ 351.21 Certification of certain animal fat
for export.
Rules of practice.
■
7. Revise § 354.134 to read as follows:
§ 354.134
Appeal inspections; how made.
Any person receiving inspection
service may, if dissatisfied with any
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decision of an inspector relating to any
inspection, file an appeal from such
decision or action in accordance with 9
CFR 500.9.
PART 381—POULTRY PRODUCTS
INSPECTION REGULATIONS
8. 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.
■
9. Revise § 381.35 to read as follows:
§ 381.35
Appeal inspections; how made.
Any person receiving inspection
service may, if dissatisfied with any
decision or action of an inspector or
other Agency employee relating to any
inspection, file an appeal from such
decision or action in accordance with 9
CFR 500.9.
■ 10. In § 381.202, revise paragraph (d)
to read as follows:
§ 381.202 Poultry products offered for
entry; reporting of findings to customs;
handling of articles refused entry; appeals,
how made; denaturing procedures.
*
Appeals; how made.
PART 351—CERTIFICATION OF
TECHINCAL ANIMAL FATS FOR
EXPORT
9 CFR Part 354
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*
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*
*
*
*
(d) Any person receiving inspection
service may, if dissatisfied with any
decision or action of an inspector or
other Agency employee relating to any
inspection, file an appeal from such
decision or action in accordance with 9
CFR 500.9. The poultry or poultry
products involved in any appeal must
be identified by U.S. retained tags and
segregated in a manner approved by the
inspector or other Agency employee
pending completion of an appeal
inspection.
*
*
*
*
*
■ 11. In § 381.204, revise paragraph
(f)(2) to read as follows:
§ 381.204 Marking of poultry products
offered for entry; official import inspection
marks and devices.
*
*
*
*
*
(f) * * *
(2) An official import establishment’s
controlled pre-stamping privilege may
be cancelled orally or in writing by the
inspector or other Agency employee
who is supervising its enforcement
whenever the employee finds that the
official import establishment has failed
to comply with the provisions of this
part or any conditions imposed
pursuant thereto. If the cancellation is
oral, the decision or action and the
reasons therefor will be confirmed in
writing, as promptly as circumstances
allow. Any person whose controlled
pre-stamping privilege has been
cancelled may appeal the decision or
action in accordance with 9 CFR 500.9.
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Authority: 21 U.S.C. 1031–1056; 7 CFR
2.18, 2.53.
The appeal must state all of the facts
and reasons upon which the person
relies to show that the controlled prestamping privilege was wrongfully
cancelled.
*
*
*
*
*
16. Revise § 590.300 to read as
follows:
■
§ 590.300
PART 500—RULES OF PRACTICE
12. The authority citation for part 500
continues to read as follows:
■
Authority: 21 U.S.C. 451–470, 601–695,
1031–1056; 7 U.S.C. 450, 1901–1906; (33
U.S.C. 1251 et seq.); 7 CFR 2.18, 2.53.
13. In § 500.1, revise paragraph (c) to
read as follows:
■
§ 500.1
Definitions.
*
*
*
*
*
(c) A ‘‘suspension’’ is an interruption
in the assignment of program employees
to all or part of an establishment; and
(d) An establishment subject to Federal
inspection or facility receiving
voluntary inspection services under the
regulations is ‘‘adversely affected’’ when
that person has a legally cognizable
interest, and the decision or action has
caused or is substantially likely to cause
injury to that interest.
■ 14. Add § 500.9 to read as follows:
§ 500.9 Procedures for the filing of
appeals.
jspears on DSK121TN23PROD with RULES
PART 590—INSPECTION OF EGGS
AND EGG PRODUCTS (EGG
PRODUCTS INSPECTION ACT)
VerDate Sep<11>2014
16:30 Oct 18, 2022
Jkt 259001
Appeal inspections; how made.
Any appeal from the inspection
decision by inspection program
personnel must be made to the
immediate supervisor having
jurisdiction over the subject matter of
the appeal in accordance with 9 CFR
500.9.
PART 592—VOLUNTARY INSPECTION
OF EGG PRODUCTS
18. The authority citation for part 592
continues to read as follows:
■
Authority: 7 U.S.C. 1621–1627.
19. Revise § 592.400 to read as
follows:
■
How to file an appeal.
Any person receiving inspection
service may, if dissatisfied with any
decision or action of an inspector or
other Agency employee relating to any
inspection, file an appeal from such
decision or action in accordance with 9
CFR 500.9.
§§ 592.410, 592.420, 592.430, and 592.440
[Removed]
20. Remove §§ 592.410, 592.420,
592.430, and 592.440.
■
Done in Washington, DC.
Paul Kiecker,
Administrator.
POSTAL SERVICE
Postal ServiceTM.
ACTION: Final rule.
AGENCY:
The Postal Service announces
the issuance of the Mailing Standards of
the United States Postal Service,
International Mail Manual (IMM®)
dated July 10, 2022, and its
Sfmt 4700
2. Revise § 20.1 to read as follows:
§ 20.1 Incorporation by reference; Mailing
Standards of the United States Postal
Service, International Mail Manual.
International Mail Manual;
Incorporation by Reference
Fmt 4700
Authority: 5 U.S.C. 552(a); 13 U.S.C. 301–
307; 18 U.S.C. 1692–1737; 39 U.S.C. 101,
401, 403, 404, 407, 414, 416, 3001–3011,
3201–3219, 3403–3406, 3621, 3622, 3626,
3632, 3633, and 5001.
■
39 CFR Part 20
Frm 00024
PART 20—INTERNATIONAL POSTAL
SERVICE
1. The authority citation for part 20
continues to read as follows:
BILLING CODE 3410–DM–P
PO 00000
List of Subjects in 39 CFR Part 20
Administrative practice and
procedure, Foreign relations;
Incorporation by reference.
In view of the considerations
discussed above, the Postal Service
hereby amends 39 CFR part 20 as
follows:
■
[FR Doc. 2022–22666 Filed 10–18–22; 8:45 am]
SUMMARY:
15. The authority citation for part 590
continues to read as follows:
■
§ 590.310
§ 592.400
(a) Any establishment subject to
Federal inspection or facility under
voluntary inspection and adversely
affected by a decision or action of an
inspector or other Agency employee
related to an inspection activity
mandated under the FMIA, PPIA, or
EPIA or related to voluntary
reimbursable inspection services
allowed under the AMA may appeal the
decision or action. Initial appeals of an
applicable decision or action, as well as
subsequent appeals of denied appeals
through final Agency action, must be
made within 30 calendar days after
receipt of written notification of the
contested decision or action. Appeals
may be supported by any argument or
evidence that the appellant may wish to
offer as to why the contested decision or
action should be reconsidered.
(b) Any initial appeal of a decision or
action of an inspector or other Agency
employee must be made to his/her
immediate supervisor having
jurisdiction over the subject matter of
the appeal.
Appeal inspections.
Any person receiving inspection
service may, if dissatisfied with any
decision or action of an inspector or
other Agency employee relating to any
inspection, file an appeal from such
decision or action in accordance with 9
CFR 500.9.
■ 17. Revise § 590.310 to read as
follows:
incorporation by reference in the Code
of Federal Regulations.
DATES: This final rule is effective on
October 19, 2022. The incorporation by
reference of the IMM is approved by the
Director of the Federal Register as of
October 19, 2022.
FOR FURTHER INFORMATION CONTACT: Dale
Kennedy, (202) 268–6592.
SUPPLEMENTARY INFORMATION: The
International Mail Manual (IMM)
provides our standards for all
international mailing services and
references for the applicable prices. It
was issued on July 10, 2022, and was
updated with Postal Bulletin revisions
through June 2, 2022. It replaces all
previous editions.
The IMM continues to enable the
Postal Service to fulfill its long-standing
mission of providing affordable,
universal mail service. It continues to:
(1) increase the user’s ability to find
information; (2) increase the user’s
confidence that he or she has found the
information they need; and (3) reduce
the need to consult multiple sources to
locate necessary information. The
provisions throughout this issue support
the standards and mail preparation
changes implemented since the version
of July 1, 2022. The International Mail
Manual is available to the public on the
Postal Explorer® internet site at https://
pe.usps.com.
(a) Mailing Standards of the United
States Postal Service, International Mail
Manual (IMM) is incorporated by
reference into this part with the
approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1
CFR part 51.
(1) Subscriptions. Subscriptions to the
IMM can be purchased by the public
E:\FR\FM\19OCR1.SGM
19OCR1
]]>Agencies
[Federal Register Volume 87, Number 201 (Wednesday, October 19, 2022)]
[Rules and Regulations]
[Pages 63420-63424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22666]
[[Page 63420]]
=======================================================================
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Parts 327, 351, 354, 381, 500, 590 and 592
[Docket No. FSIS 2019-0001]
RIN 0583-AD76
Establishing a Uniform Time Period Requirement and Clarifying
Related Procedures for the Filing of Appeals of Agency Inspection
Decisions or Actions
AGENCY: Food Safety and Inspection Service (FSIS), U.S. Department of
Agriculture (USDA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: FSIS is amending its regulations to establish a uniform time
period requirement for the filing of appeals of certain Agency
inspection decisions or actions.
DATES: Effective December 19, 2022.
FOR FURTHER INFORMATION CONTACT: Rachel Edelstein, Assistant
Administrator, Office of Policy and Program Development, Food Safety
and Inspection Service, U.S. Department of Agriculture; Telephone:
(202) 205-0495.
SUPPLEMENTARY INFORMATION:
Background
On July 15, 2021, FSIS proposed to amend its regulations to
establish a uniform time period requirement for the filing of appeals
of certain Agency inspection decisions or actions (86 FR 37251). As
FSIS explained in the proposed rule, current regulatory requirements
for appeals of FSIS decisions or actions related to inspection
activities appear across multiple subsections of the FSIS regulations.
FSIS regulations also provide varied information about appeals
requirements and procedures, such as who may file an appeal, where to
file an appeal, what information may be submitted with the appeal, and
whether the appellant must bear the cost of the appeal if it is
determined to be frivolous.
To clarify and simplify inspection appeals procedures, FSIS
proposed the following changes to the regulations:
1. Requiring eligible persons to appeal decisions or actions
related to inspection activities within 30 calendar days after
receiving notification, either orally or in writing (via electronic or
hard copy communication), of the initial decision or action.
2. Clarifying and simplifying the following Agency requirements and
procedures concerning such appeals:
a. Any establishment subject to mandatory Federal inspection or any
facility receiving voluntary inspection services under the regulations
that believes it has been adversely affected by an applicable decision
or action may file an appeal;
b. Such appeal must be submitted to the immediate supervisor of the
inspector or other Agency employee who undertook the contested decision
or action;
c. The appellant may support the appeal by any argument or evidence
as to why the appeal should be granted; and
d. Eliminating the requirement, currently prescribed in several
subsections of the regulations, that the appellant must bear the cost
of an appeal of an Agency decision or action if the appeal is
determined to be frivolous.
3. Revising several sections of the regulations (9 CFR
327.10(d)(2), 327.24, 351.21, 354.134, 355.39, 381.35, 381.202(d),
381.204(f)(2), and 592.400) to state that appeals of relevant Agency
decisions or actions must be made in accordance with the new Rules of
Practice subsection, 9 CFR 500.9.
After considering the comments received on the proposed rule,
discussed below, FSIS is finalizing the proposed rule with four
changes. First, in response to public comment, the final rule clarifies
that the 30-day time period to file an appeal of an applicable Agency
decision or action will apply to the initial appeal and all subsequent
appeals for the same issue within the FSIS chain of command.
Second, in response to public comment, the final rule clarifies
that the time period to appeal an applicable Agency decision or action
starts after the appellant receives written (rather than oral)
notification of the contested inspection decision or action.
Third, due to an amendment to the FSIS regulations that was made
after the proposed rule was published, this final rule removes one
revision concerning appeals of certified pet food decisions or actions.
On May 20, 2022, FSIS amended its regulations to remove the certified
pet food provisions from its regulations because they were outdated and
no companies use the voluntary service (87 FR 30773). Therefore, this
final rule does not include the proposed change to the removed section
9 CFR 355.39--Appeals from decisions made under this part.
Finally, due to a second amendment to the FSIS regulations that was
made after the proposed rule was published, this final rule includes
one revision concerning appeals of egg products inspection decisions or
actions. On October 29, 2020, FSIS amended its regulations to modernize
egg products inspection under the Egg Products Inspection Act (21
U.S.C. 1031, et seq.) (85 FR 68640). To align that egg products final
rule with the new uniform appeals process requirements, this final rule
revises 9 CFR 590.300 and 9 CFR 590.310 to state that appeals of Agency
decisions or actions concerning egg products inspections must be filed
in accordance with 9 CFR 500.9.
Comments and Responses
FSIS received five comments on the proposed rule. FSIS received
four comments from trade associations representing the meat and poultry
industries and one comment from a firm providing consultancy services
to the meat and poultry industries. A summary of the comments and FSIS'
responses follows.
Time Period To File an Initial Appeal
Comment: Four commenters stated that the time period for filing an
initial appeal should be longer than the proposed 30 calendar days to
provide appellants sufficient time to access the relevant Agency
decision or action and decide whether to appeal. Two industry groups
recommended a time period of at least 90 days. Two other industry
groups recommended a time period of 120 days.
Response: FSIS disagrees. Thirty calendar days will provide
prospective appellants sufficient time to gather necessary information
and respond to applicable Agency actions and decisions while ensuring
the regulatory intent to provide for a consolidated, streamlined
appeals process. Prospective appellants should be able to readily
access relevant Agency decisions or actions because they are provided
written notice of such decisions or actions when they are issued.
Further, each quarter the Agency publishes to the FSIS website a
summary of the enforcement actions FSIS has taken to ensure that
products that reach consumers are safe, wholesome, and properly
labeled.\1\ The 30-day time period requirement will ensure that the
Agency publishes timely data.
---------------------------------------------------------------------------
\1\ The Quarterly Enforcement Reports are available at: https://www.fsis.usda.gov/inspection/regulatory-enforcement/quarterly-enforcement-reports.
---------------------------------------------------------------------------
Time Period To File Subsequent Appeals
Comment: Three industry groups stated that appellants should be
provided equal time to file subsequent appeals of a specific Agency
decision or
[[Page 63421]]
action to the next level in the FSIS chain of command if the initial
appeal of the underlining decision or action is denied, in order to
provide appellants sufficient time to prepare such filings and to avoid
inconsistent or arbitrary time period requirements imposed by FSIS
personnel.
Response: FSIS agrees. The scope of this final rule includes the
30-day time period requirement for the filing of all appeals in the
FSIS chain of command of an applicable Agency decision or action.
Written Notification of Agency Action or Decision
Comment: Three industry groups stated that the start of the time
period for filing an appeal should be based on the appellant's receipt
of written notification (rather than oral notification) of an
applicable Agency decision or action.
Response: FSIS agrees. This final rule clarifies that the appeal
filing time period will be based on the prospective appellant's receipt
of written notification of the applicable Agency action or decision.
Waiver of Time Period Requirement
Comment: One industry group stated that the time period requirement
for filing appeals should be waived or reopened in certain
circumstances, such as when the Agency issues a noncompliance record
(NR) that is directly related to a previous NR. This commenter also
stated that FSIS should establish a process for waiving or restarting
the appeals time period under such circumstances.
Response: FSIS disagrees. The regulations provide persons the
opportunity to appeal after each applicable Agency decision or action.
As mentioned above, 30 days should be sufficient time to file an
appeal. FSIS is not establishing a separate process to waive or reopen
the time period for appeals.
Time Period Requirements for Agency Appeal Responses and Related
Procedures
Comment: Four industry groups stated that FSIS should establish and
enforce time period requirements for the Agency's responses to appeals
of its actions and decisions, as well as other procedures related to
the administration of the appeals process.
Response: FSIS disagrees. FSIS will issue instructions to personnel
to ensure the Agency responds to appeals in a timely manner but will
not codify requirements for FSIS personnel.
``Adversely Affected'' Standard
Comment: Two industry groups questioned the proposed requirement
that a person must be ``adversely affected'' by a relevant Agency
decision or action to file an appeal. The commenters stated that the
impact on the prospective appellant should not be a determining factor
concerning whether a person should be able to appeal.
Response: FSIS disagrees. There is no basis to file an appeal of an
Agency inspection decision or action that did not adversely affect the
appellant. When there is no adverse effect involved, industry may
resolve differences of opinion in FSIS memoranda of interview, in other
Agency documents, and through discussions with field personnel. The
requirement that an appellant be adversely affected by the relevant
Agency action or decision will ensure that persons directly and
materially impacted by such actions or decisions are able to seek
relief. This regulatory provision will also facilitate a timely,
streamlined appeals process, as the Agency will be able to focus its
resources on reviewing actions and decisions that have tangible,
consequential impacts on involved persons.
Final Rule Effective Date
Comment: One industry group stated that the effective date of any
regulatory changes to the appeals process should provide industry
sufficient time to adjust to the new requirements.
Response: FSIS agrees. The Agency recognizes the need to provide
industry time to comply with the regulatory changes to the appeals
process. Consistent with other FSIS regulations, the requirements
established by the final rule are effective 60 days after publication
in the Federal Register, which is December 19, 2022.
Applicability To Recall Decisions
Comment: One commenter asked whether the time period requirement
for appeals would apply to recall decisions.
Response: The requirements established by this final rule,
including the uniform time period for filing appeals of certain Agency
actions and decisions, will not apply to FSIS requests for recall of
meat, poultry, or egg products. As the recall of such product is a
voluntary decision made by the relevant establishment or facility,
rather than an Agency decision or action, it is not applicable to this
final rule. However, if industry decided to appeal any NRs related to
the recall, those appeals would be subject to this rule.
Executive Orders 12866 and 13563
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 benefits, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This final rule has been designated a ``non-significant'' regulatory
action under section 3(f) of E.O. 12866. Accordingly, the rule has not
been reviewed by the Office of Management and Budget under E.O. 12866.
Economic Impact Analysis
The final rule is expected to economically benefit industry by
providing a harmonized, streamlined appeals process. Consolidating the
inspection appeals procedures from multiple subsections of the CFR,
simplifying the process, eliminating charges for frivolous appeals, and
setting a uniform time period requirement will reduce the regulatory
burden placed on industry.
Similarly, clarifying and simplifying Agency inspection appeals
procedures is expected to benefit the Agency by reducing inefficiencies
and facilitating better use of Agency personnel and resources. The
actions will also increase the likelihood that relevant physical
evidence, as well as directly involved personnel, will be available
during the appeals process.
The uniform time period requirement is not expected to increase
industry's labor or capital costs. Currently, the majority of appeals
of FSIS decisions or actions related to inspection activities mandated
under 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.) are
filed within several months of the appellant's notification of the
contested decision or action. For example, between June 2020 and May
2022, the Agency received 1,499 appeals from official establishments to
contest NRs issued to address findings of regulatory violations. Of
these appeals, sixty-nine (69) percent were filed within 30 calendar
days, twenty-six (26) percent were filed between 31 and 180 calendar
days, and five (5) percent were filed after 180 calendar days. Further,
the
[[Page 63422]]
time period requirement will lengthen the amount of time that an appeal
may be filed for certain types of Agency decisions or actions.
Therefore, the uniform time period requirement will encourage the
timely filing of appeals without imposing substantial cost burdens on
current industry practices.
Regulatory Flexibility Act
The FSIS Administrator has made a determination that this final
rule will 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, et seq.). The final rule is
not expected to increase costs to the industry. The final rule may
provide some cost savings to industry related to the uniform filing of
appeals of certain Agency decisions or actions, but any benefits from
the final rule would not be significant.
Paperwork Reduction Act
There are no paperwork or recordkeeping requirements associated
with this final rule under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501-3520).
E-Government Act
FSIS and USDA are committed to achieving the purposes of the E-
Government Act (44 U.S.C. 3601, et seq.) by, among other things,
promoting the use of the internet and other information technologies
and providing increased opportunities for citizen access to Government
information and services, and for other purposes.
Executive Order 12988, Civil Justice Reform
This final rule has been reviewed under E.O. 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. However, parties may be required
to exhaust their administrative remedies, including the appeals process
established in this rule, before challenging in court any specific
agency action that is the subject of an appeal pursuant to this rule.
Executive Order 13175
This rule has been reviewed in accordance with the requirements of
E.O. 13175, ``Consultation and Coordination with Indian Tribal
Governments.'' E.O. 13175 requires Federal agencies to consult and
coordinate with tribes on a government-to-government basis on policies
that have tribal implications, including regulations, legislative
comments or proposed legislation, and other policy statements or
actions that have substantial direct effects on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes or on the distribution of power and responsibilities between the
Federal Government and Indian tribes.
FSIS has assessed the impact of this rule on Indian tribes and
determined that this rule does not, to our knowledge, have tribal
implications that require tribal consultation under E.O. 13175. If a
tribe requests consultation, FSIS will work with the Office of Tribal
Relations to ensure meaningful consultation is provided where changes,
additions, and modifications identified herein are not expressly
mandated by Congress.
USDA's Non-Discrimination Statement
In accordance with Federal civil rights law and USDA civil rights
regulations and policies, USDA, its Mission Areas, agencies, staff
offices, 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.
Program information may be made available in languages other than
English. Persons with disabilities who require alternative means of
communication to obtain program information (e.g., Braille, large
print, audiotape, American Sign Language) should contact the
responsible Mission Area, agency, or staff office; the USDA TARGET
Center at (202) 720-2600 (voice and TTY); or the Federal Relay Service
at (800) 877-8339.
To file a program discrimination complaint, a complainant should
complete a Form AD-3027, USDA Program Discrimination Complaint Form,
which can be obtained online at https://www.ocio.usda.gov/document/ad-3027, from any USDA office, by calling (866) 632-9992, or by writing a
letter addressed to USDA. The letter must contain the complainant's
name, address, telephone number, and a written description of the
alleged discriminatory action in sufficient detail to inform the
Assistant Secretary for Civil Rights (ASCR) about the nature and date
of an alleged civil rights violation. The completed AD-3027 form or
letter must be submitted 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; or
(2) Fax: (833) 256-1665 or (202) 690-7442; or
(3) Email: [email protected]
USDA is an equal opportunity provider, employer, and lender.
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 an action may have a
significant environmental effect (7 CFR 1b.4 (b)). 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 final rule, which establishes a
uniform time period requirement for the filing of appeals of certain
Agency inspection decisions or actions, and clarifies and simplifies
appeals procedures generally, will not create any extraordinary
circumstances that would result in this normally excluded action having
a significant individual or cumulative effect on the human environment.
Therefore, this action is appropriately subject to the categorical
exclusion from the preparation of an environmental assessment or
environmental impact statement provided under 7 CFR 1b.4(6) of the U.S.
Department of Agriculture regulations.
Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801, et seq.),
the Office of Information and Regulatory Affairs has determined that
this 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
[[Page 63423]]
publication on-line through the FSIS web page located at: https://www.fsis.usda.gov/federal-register.
FSIS will also announce and provide a link 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.
List of Subjects
9 CFR Part 327
Imported products.
9 CFR Part 351
Certification of technical animal fats for export.
9 CFR Part 354
Voluntary inspection of rabbits and edible products thereof.
9 CFR Part 381
Poultry products inspection regulations.
9 CFR Part 500
Rules of practice.
9 CFR Part 590
Inspection of eggs and egg products (Egg Products Inspection Act).
9 CFR Part 592
Voluntary inspection of egg products.
For the reasons set forth in the preamble, FSIS is amending 9 CFR
parts 327, 351, 354, 381, 500, 590 and 592 as follows:
PART 327--IMPORTED PRODUCTS
0
1. The authority citation for part 327 continues to read as follows:
Authority: 21 U.S.C. 601-695; 7 CFR 2.18, 2.53.
0
2. In Sec. 327.10, revise paragraph (d)(2) to read as follows:
Sec. 327.10 Samples; inspection of consignments; refusal of entry;
marking.
* * * * *
(d) * * *
(2) An official import establishment's controlled pre-stamping
privilege may be cancelled orally or in writing by the inspector or
other Agency employee who is supervising its enforcement whenever the
employee finds that the official import establishment has failed to
comply with the provisions of this part or any conditions imposed
pursuant thereto. If the cancellation is oral, the decision or action
and the reasons therefor will be confirmed in writing, as promptly as
circumstances allow. Any person whose controlled pre-stamping privilege
has been cancelled may appeal the decision or action in accordance with
9 CFR 500.9. The appeal must state all of the facts and reasons upon
which the person relies to show that the controlled pre-stamping
privilege was wrongfully cancelled.
* * * * *
0
3. Revise Sec. 327.24 to read as follows:
Sec. 327.24 Appeals; how made.
Any appeal of a decision or action of any program employee will be
made to his/her immediate supervisor having responsibility over the
subject matter of the appeal in accordance with 9 CFR 500.9.
PART 351--CERTIFICATION OF TECHINCAL ANIMAL FATS FOR EXPORT
0
4. The authority citation for part 351 continues to read as follows:
Authority: 7 U.S.C. 1622, 1624; 7 CFR 2.17 (g) and (i), 2.55.
0
5. Revise Sec. 351.21 to read as follows:
Sec. 351.21 Certification of certain animal fat for export.
Any person receiving inspection service may, if dissatisfied with
any decision of an inspector relating to any inspection, file an appeal
from such decision or action in accordance with 9 CFR 500.9.
PART 354--VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS
THEREOF
0
6. 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
7. Revise Sec. 354.134 to read as follows:
Sec. 354.134 Appeal inspections; how made.
Any person receiving inspection service may, if dissatisfied with
any decision of an inspector relating to any inspection, file an appeal
from such decision or action in accordance with 9 CFR 500.9.
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS
0
8. 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
9. Revise Sec. 381.35 to read as follows:
Sec. 381.35 Appeal inspections; how made.
Any person receiving inspection service may, if dissatisfied with
any decision or action of an inspector or other Agency employee
relating to any inspection, file an appeal from such decision or action
in accordance with 9 CFR 500.9.
0
10. In Sec. 381.202, revise paragraph (d) to read as follows:
Sec. 381.202 Poultry products offered for entry; reporting of
findings to customs; handling of articles refused entry; appeals, how
made; denaturing procedures.
* * * * *
(d) Any person receiving inspection service may, if dissatisfied
with any decision or action of an inspector or other Agency employee
relating to any inspection, file an appeal from such decision or action
in accordance with 9 CFR 500.9. The poultry or poultry products
involved in any appeal must be identified by U.S. retained tags and
segregated in a manner approved by the inspector or other Agency
employee pending completion of an appeal inspection.
* * * * *
0
11. In Sec. 381.204, revise paragraph (f)(2) to read as follows:
Sec. 381.204 Marking of poultry products offered for entry; official
import inspection marks and devices.
* * * * *
(f) * * *
(2) An official import establishment's controlled pre-stamping
privilege may be cancelled orally or in writing by the inspector or
other Agency employee who is supervising its enforcement whenever the
employee finds that the official import establishment has failed to
comply with the provisions of this part or any conditions imposed
pursuant thereto. If the cancellation is oral, the decision or action
and the reasons therefor will be confirmed in writing, as promptly as
circumstances allow. Any person whose controlled pre-stamping privilege
has been cancelled may appeal the decision or action in accordance with
9 CFR 500.9.
[[Page 63424]]
The appeal must state all of the facts and reasons upon which the
person relies to show that the controlled pre-stamping privilege was
wrongfully cancelled.
* * * * *
PART 500--RULES OF PRACTICE
0
12. The authority citation for part 500 continues to read as follows:
Authority: 21 U.S.C. 451-470, 601-695, 1031-1056; 7 U.S.C. 450,
1901-1906; (33 U.S.C. 1251 et seq.); 7 CFR 2.18, 2.53.
0
13. In Sec. 500.1, revise paragraph (c) to read as follows:
Sec. 500.1 Definitions.
* * * * *
(c) A ``suspension'' is an interruption in the assignment of
program employees to all or part of an establishment; and (d) An
establishment subject to Federal inspection or facility receiving
voluntary inspection services under the regulations is ``adversely
affected'' when that person has a legally cognizable interest, and the
decision or action has caused or is substantially likely to cause
injury to that interest.
0
14. Add Sec. 500.9 to read as follows:
Sec. 500.9 Procedures for the filing of appeals.
(a) Any establishment subject to Federal inspection or facility
under voluntary inspection and adversely affected by a decision or
action of an inspector or other Agency employee related to an
inspection activity mandated under the FMIA, PPIA, or EPIA or related
to voluntary reimbursable inspection services allowed under the AMA may
appeal the decision or action. Initial appeals of an applicable
decision or action, as well as subsequent appeals of denied appeals
through final Agency action, must be made within 30 calendar days after
receipt of written notification of the contested decision or action.
Appeals may be supported by any argument or evidence that the appellant
may wish to offer as to why the contested decision or action should be
reconsidered.
(b) Any initial appeal of a decision or action of an inspector or
other Agency employee must be made to his/her immediate supervisor
having jurisdiction over the subject matter of the appeal.
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. 590.300 to read as follows:
Sec. 590.300 Appeal inspections.
Any person receiving inspection service may, if dissatisfied with
any decision or action of an inspector or other Agency employee
relating to any inspection, file an appeal from such decision or action
in accordance with 9 CFR 500.9.
0
17. Revise Sec. 590.310 to read as follows:
Sec. 590.310 Appeal inspections; how made.
Any appeal from the inspection decision by inspection program
personnel must be made to the immediate supervisor having jurisdiction
over the subject matter of the appeal in accordance with 9 CFR 500.9.
PART 592--VOLUNTARY INSPECTION OF EGG PRODUCTS
0
18. The authority citation for part 592 continues to read as follows:
Authority: 7 U.S.C. 1621-1627.
0
19. Revise Sec. 592.400 to read as follows:
Sec. 592.400 How to file an appeal.
Any person receiving inspection service may, if dissatisfied with
any decision or action of an inspector or other Agency employee
relating to any inspection, file an appeal from such decision or action
in accordance with 9 CFR 500.9.
Sec. Sec. 592.410, 592.420, 592.430, and 592.440 [Removed]
0
20. Remove Sec. Sec. 592.410, 592.420, 592.430, and 592.440.
Done in Washington, DC.
Paul Kiecker,
Administrator.
[FR Doc. 2022-22666 Filed 10-18-22; 8:45 am]
BILLING CODE 3410-DM-P
