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Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Proposed Rules
designated as a non-significant regulatory action under section 3f of E.O. 12866. Accordingly, the rule has not been reviewed by the Office of Management and Budget OMB under E.O. 12866.
If this rule is finalized, FSIS does not expect any additional industry or Agency costs, because FSIS would not require establishments without internet access to purchase the services or to upgrade services that are not adequate for FSISs use. FSIS would have cost savings by reducing the costs of providing internet access to FSIS IPP at establishments.
Expected Benefits of the Proposed Rule
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Internet connectivity benefits establishments and FSIS by facilitating FSIS verification activities. Internet access lets FSIS IPP more efficiently transmit or receive critical information e.g., receiving information on test results, submitting data on establishment operations, updating establishment profile information, and facilitating global trade.
FSIS would benefit through reduced payments for internet connection. FSIS
spends on average $6.6 million 1
annually providing IPP with various forms of internet connection, such as direct or wireless local area network LAN, and wireless solutions at approximately 1,500 establishments as well as additional mobile wireless solutions for IPP on patrol assignments.
Of the approximate 6,500 active establishments, FSIS estimates that approximately 6,000 to 6,300
establishments have email addresses,2
which we assume means that these establishments have internet connection. The Agency is seeking comment on the level of internet connectivity at establishments that currently maintain internet services. If the Agency is able to use internet provided by these establishments, it would result in an upper bound savings of $6.6 million annualized at the 7
percent discount rate over ten years.
1 This is the average cost calculated using the FSIS Office of Chief Information Officer estimates of annual expenditures on internet services:
$6,272,000 in 2017, $6,755,000 in 2018, and $6,755,000 in 2019.
2 The count of establishments, rounded to the nearest hundred, with email addresses was compiled from the Office of Public Affairs and Consumer Education on 5/15/2020. The count of active establishments includes approximately 1,100
eligible importer/exporter establishments and approximately 2,000 establishments that have voluntary inspection eligibility. Data was downloaded from the FSIS Public Health Information System on 8/14/2020.

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Expected Costs of the Proposed Rule FSIS expects any cost associated with this proposed rule to be de minimis.
Since most establishments have email addresses, FSIS expects most establishments to have internet connectivity adequate for FSIS needs.
Such establishments would likely be able to provide internet service to FSIS
without a significant burden or additional costs to do so. FSIS requests comments on the number and types of establishments or facilities receiving mandatory or purchasing voluntary inspection services that do not purchase internet services at all, do not purchase internet services adequate for FSIS
needs, or could not provide IPP access to internet services without accruing significant costs, as well as any cost estimates for providing IPP with access to the establishments existing internet services.
Regulatory Flexibility Act Assessment The FSIS Administrator has made a preliminary determination that this proposed rule, if finalized, would not have a significant economic impact on a substantial number of small entities in the United States, as defined by the Regulatory Flexibility Act 5 U.S.C.
601, because any costs associated with the rule would be de minimis. FSIS
would only require small businesses to provide internet access to FSIS IPP if the business has internet service and its adequate for FSISs use by IPP.
Executive Order 12988, Civil Justice Reform This proposed rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under this rule: 1 All State and local laws and regulations that are inconsistent with this rule will be preempted; 2 no retroactive effect will be given to this rule; and 3 no administrative proceedings will be required before parties may file suit in court challenging this rule.
Paperwork Reduction Act There are no new paperwork or recordkeeping requirements associated with this proposed rule under the Paperwork Reduction Act of 1995 44
U.S.C. 35013520.
Environmental Impact Each USDA agency is required to comply with 7 CFR part 1b of the Departmental regulations, which supplements the National Environmental Policy Act regulations published by the Council on Environmental Quality. Under these regulations, actions of certain USDA
agencies and agency units are
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categorically excluded from the preparation of an Environmental Assessment EA or an Environmental Impact Statement EIS unless the agency head determines that a particular action may have a significant environmental effect 7 CFR 1b.4a.
FSIS is among the agencies categorically excluded from the preparation of an EA
or EIS 7 CFR 1b.4b6.
FSIS has determined that this proposed rule would not create any extraordinary circumstances that would result in this normally excluded action having a significant effect on the human environment. Therefore, this action is appropriately subject to the categorical exclusion for FSIS programs and activities under 7 CFR 1b.4.
E-Government Act FSIS and the U.S. Department of Agriculture USDA are committed to achieving the purposes of the EGovernment Act 44 U.S.C. 3601, et seq. by, among other things, promoting the use of the internet and other information technologies and providing increased opportunities for citizen access to Government information and services, and for other purposes.
Congressional Review Act Pursuant to the Congressional Review Act at 5 U.S.C. 801 et seq., the Office of Information and Regulatory Affairs has determined that this proposed rule is not a major rule, as defined by 5
U.S.C. 8042.
Additional Public Notification Public awareness of all segments of rulemaking and policy development is important. Consequently, FSIS will announce this Federal Register publication on-line through the FSIS
web page located at: http
www.fsis.usda.gov/federal-register.
FSIS also will make copies of this publication available through the FSIS
Constituent Update, which is used to provide information regarding FSIS
policies, procedures, regulations, Federal Register notices, FSIS public meetings, and other types of information that could affect or would be of interest to our constituents and stakeholders.
The Constituent Update is available on the FSIS web page. Through the web page, FSIS is able to provide information to a much broader, more diverse audience. In addition, FSIS
offers an email subscription service which provides automatic and customized access to selected food safety news and information. This service is available at: http
www.fsis.usda.gov/subscribe. Options range from recalls to export information,
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