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jbell on DSKJLSW7X2PROD with PROPOSALS

Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Proposed Rules 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, 381.36a, 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 590.136a 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, 1053a, 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 354.221g 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 592.95brequire 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 350.7a, 352.5a, 362.5a, 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, 350.7d, 352.5d, 354.221g, 362.5d, 381.36a, 533.3, 590.136a, and 592.95b 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 381.36a 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 381.36a.
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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