Internet Access at Official Establishments and Plants

Citation86 FR 12122
Record Number2021-03609
Published date02 March 2021
CourtFood Safety And Inspection Service
Federal Register, Volume 86 Issue 39 (Tuesday, March 2, 2021)
[Federal Register Volume 86, Number 39 (Tuesday, March 2, 2021)]
                [Proposed Rules]
                [Pages 12122-12127]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-03609]
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                DEPARTMENT OF AGRICULTURE
                Food Safety and Inspection Service
                9 CFR Parts 307, 350, 352, 354, 362, 381, 533, 590, and 592
                [Docket No. FSIS-2020-0019]
                RIN 0583-AD86
                Internet Access at Official Establishments and Plants
                AGENCY: Food Safety and Inspection Service, USDA.
                ACTION: Proposed rule.
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                SUMMARY: The Food Safety and Inspection Service (FSIS) is proposing to
                amend its regulations to require official meat and poultry
                establishments and egg products plants and businesses receiving
                voluntary inspection services from FSIS that have an internet
                connection to provide FSIS access to it for the purposes of conducting
                and recording inspection verification activities. FSIS views internet
                service as a necessary utility, like lighting, heating, and laundry
                services, that should be provided by establishments as a regulatory
                condition of receiving inspection. Under this proposal, FSIS would not
                require establishments without internet access to purchase it or to
                upgrade the internet services they have, if inadequate for FSIS use.
                DATES: Submit comments on or before May 3, 2021.
                ADDRESSES: FSIS invites interested persons to submit comments on the
                proposed rule. Comments may be submitted by one of the following
                methods:
                 Federal eRulemaking Portal: This website provides the
                ability to type short comments directly into the comment field on this
                web page or attach a file for lengthier comments. Go to http://www.regulations.gov. Follow the on-line instructions at that site for
                submitting comments.
                 Mail, including CD-ROMs, etc.: Send to Docket Clerk, U.S.
                Department of Agriculture, Food Safety and Inspection Service, 1400
                Independence Avenue SW, Mailstop 3758, Washington, DC 20250-3700.
                 Hand- or courier-delivered submittals: Deliver to 1400
                Independence Avenue SW, Jamie L. Whitten Building, Room 350-E,
                Washington, DC 20250-3700.
                 Instructions: All items submitted by mail or electronic mail must
                include the Agency name and docket number FSIS-2020-0019. Comments
                received in response to this docket will be made available for public
                inspection and posted without change, including any personal
                information, to http://www.regulations.gov.
                 Docket: For access to background documents or comments received,
                call (202) 720-5627 to schedule a time to visit the FSIS Docket Room at
                1400 Independence Avenue SW, Washington, DC 20250-3700.
                FOR FURTHER INFORMATION CONTACT: Rachel Edelstein, Assistant
                Administrator, Office of Policy and Program Development; Telephone:
                (202) 720-0399.
                SUPPLEMENTARY INFORMATION:
                Background
                 FSIS has been delegated the authority to exercise the functions of
                the Secretary (7 CFR 2.18, 2.53) as specified in the Federal Meat
                Inspection Act (FMIA) (21 U.S.C. 601, et seq.), the Poultry Products
                Inspection Act (PPIA) (21 U.S.C. 451, et seq.) and the Egg Products
                Inspection Act (EPIA) (21 U.S.C. 1031, et seq.). These statutes mandate
                that FSIS protect the public by verifying that meat, poultry, and egg
                products are safe, wholesome, unadulterated, and properly labeled and
                packaged. In
                [[Page 12123]]
                addition to mandatory inspection, the Agricultural Marketing Act (AMA),
                7 U.S.C. 1622, 1624, provides for inspection services to accommodate
                business needs, such as obtaining certifications necessary to meet
                requirements of importing countries or the inspection of nonamenable
                products (voluntary reimbursable services). This includes the voluntary
                service activities related to export certification (9 CFR part 350),
                voluntary inspection of exotic animals (e.g., antelope, bison) (9 CFR
                part 352), voluntary inspection of rabbits (9 CFR part 354), voluntary
                poultry inspection (9 CFR part 362), and the voluntary inspection of
                egg products (9 CFR part 592).
                 FSIS inspection program personnel (IPP) need to have efficient
                internet access to receive their scheduled inspection tasks and to
                record the results of the inspection tasks in the FSIS Public Health
                Information System (PHIS). PHIS is a web-based software application
                that integrates and streamlines all scheduling, assigning, tracking,
                and documentation for mission required FSIS food safety functions such
                as import management, export management, domestic production
                inspections, and risk analysis. FSIS employees, representatives of
                countries with whom the United States maintains an import and export
                relationship, and meat, poultry, and egg products establishments, which
                are subject to inspection, may all use PHIS. PHIS replaced several
                legacy client-server applications, multiple automated paper, and email-
                based processes.
                 For example, PHIS:
                 Contains the establishment profile data for both official
                and non-official establishments that is used not only by IPP to perform
                their verification activities but also by other FSIS program areas to
                schedule laboratory sampling, inform policy decisions, and allocate
                resources.
                 Contains slaughter totals and animal disposition
                information for amenable and exotic species, as entered by IPP. This
                data is used by FSIS and other USDA agencies (e.g., the Animal and
                Plant Health Inspection Service) to inform policy decisions, track
                emerging disease trends, and allocate resources.
                 Contains inspection results and provides IPP the ability
                to issue non-compliance records to address regulatory violations at
                official and non-official establishments.
                 Allows IPP to request sampling supplies and receive
                laboratory sample results.
                 Provides for IPP review and approval of electronic import
                applications in the PHIS import management component, as well as
                electronic export applications for shipments destined to countries
                included in the PHIS export component.
                 The regulations at 9 CFR 307.1, 381.36(a), and 533.3 require
                official meat, poultry, and Siluriformes fish establishments to provide
                FSIS IPP with office space, including necessary furnishings, light,
                heat, and janitor services, rent free, for their exclusive use for
                official purposes. These regulations state that, at the discretion of
                the Administrator, small establishments requiring less than one full-
                time inspector need not furnish such facilities. The regulations at
                590.136(a) similarly state that egg products plants will furnish office
                space, including furnishings, light, heat, and janitor service, without
                cost, for the use of IPP for official purposes. These regulations also
                provide that, at the discretion of the Administrator, small plants
                requiring the services of less than one full-time inspector need not
                furnish such accommodations.
                 The United States bears the cost of providing mandatory inspection
                services to official establishments (21 U.S.C. 468, 695, 1053(a)),
                while establishments and other facilities receiving voluntary
                inspection services must pay for such services. FSIS regulations
                governing the voluntary inspection of rabbits and egg products (e.g.,
                inspection of the processing in official plants of products containing
                eggs, sampling of products and quantity and condition inspection of
                products) require that facilities purchasing such inspection services
                provide office space and utilities for use by IPP. Specifically, the
                regulations at 9 CFR 354.221(g) require facilities receiving voluntary
                rabbit inspection to provide IPP with office space, including, but not
                limited to, light, heat, and janitor services, without cost to the
                Agency. And, the regulations at 9 CFR 592.95(b)require facilities
                receiving voluntary inspection of egg products to provide IPP with
                acceptable furnished office space and equipment, including, but not
                limited to, a desk, lockers, or cabinets.
                 Establishments and other facilities that purchase other types of
                voluntary services under 9 CFR 350.7(a), 352.5(a), 362.5(a), including
                identification services, certification services, and voluntary
                inspection services may be charged to cover the cost of ``other
                expenses'' incurred by the Agency in connection with the furnishing of
                inspection. FSIS considers internet access to be an expense necessary
                for the provision of these voluntary inspection services.
                 As such, because internet access is a utility or expense necessary
                for the provision of both mandatory and voluntary inspection services,
                FSIS is proposing to require that establishments receiving mandatory
                inspection or purchasing voluntary inspection services provide internet
                access to IPP, as a condition of receiving inspection, provided the
                establishment already has internet service adequate for FSIS needs.
                Again, FSIS would not require establishments or facilities without
                internet access to purchase it or to upgrade the internet services they
                have, if inadequate for FSIS use.
                Proposed Rule
                 FSIS is proposing to amend sections 9 CFR 307.1, 350.7(d),
                352.5(d), 354.221(g), 362.5(d), 381.36(a), 533.3, 590.136(a), and
                592.95(b) to require official meat, poultry, Siluriformes fish
                establishments and egg products plants, as well as facilities receiving
                voluntary services, including identification services, export
                certification, and voluntary exotic animal and poultry inspection, that
                have internet services, to provide FSIS IPP with internet access for
                the purposes of conducting and recording inspection verification
                activities. Consistent with the regulations providing that small
                establishments requiring less than one full-time inspector need not
                furnish FSIS with office space, lighting, heat, janitor services, and
                lockers, under this proposal, FSIS would not require establishments or
                facilities without internet access to purchase it or to upgrade the
                internet services they have, if inadequate for FSIS use.
                 In addition, FSIS is proposing to update 9 CFR 307.1 and 381.36(a)
                to change the title of the FSIS approving officials to Frontline
                Supervisors because FSIS no longer uses the title Circuit Supervisors.
                FSIS also proposes to change the use of the word ``shall'' to ``must''
                in 9 CFR 307.1 and 381.36(a).
                Executive Orders 12866 and 13563, 12988, and the Regulatory Flexibility
                Act
                 Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
                all costs and benefits of available regulatory alternatives and, if
                regulation is necessary, to select regulatory approaches that maximize
                net benefits (including potential economic, environmental, public
                health and safety effects, distributive impacts, and equity). E.O.
                13563 emphasizes the importance of quantifying both costs and benefits,
                of reducing costs, of harmonizing rules, and of promoting flexibility.
                This proposed rule has been
                [[Page 12124]]
                designated as a ``non-significant'' regulatory action under section
                3(f) of E.O. 12866. Accordingly, the rule has not been reviewed by the
                Office of Management and Budget (OMB) under E.O. 12866.
                 If this rule is finalized, FSIS does not expect any additional
                industry or Agency costs, because FSIS would not require establishments
                without internet access to purchase the services or to upgrade services
                that are not adequate for FSIS's use. FSIS would have cost savings by
                reducing the costs of providing internet access to FSIS IPP at
                establishments.
                Expected Benefits of the Proposed Rule
                 Internet connectivity benefits establishments and FSIS by
                facilitating FSIS verification activities. Internet access lets FSIS
                IPP more efficiently transmit or receive critical information (e.g.,
                receiving information on test results, submitting data on establishment
                operations, updating establishment profile information, and
                facilitating global trade).
                 FSIS would benefit through reduced payments for internet
                connection. FSIS spends on average $6.6 million \1\ annually providing
                IPP with various forms of internet connection, such as direct or
                wireless local area network (LAN), and wireless solutions at
                approximately 1,500 establishments as well as additional mobile
                wireless solutions for IPP on patrol assignments. Of the approximate
                6,500 active establishments, FSIS estimates that approximately 6,000 to
                6,300 establishments have email addresses,\2\ which we assume means
                that these establishments have internet connection. The Agency is
                seeking comment on the level of internet connectivity at establishments
                that currently maintain internet services. If the Agency is able to use
                internet provided by these establishments, it would result in an upper
                bound savings of $6.6 million annualized at the 7 percent discount rate
                over ten years.
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                 \1\ This is the average cost calculated using the FSIS Office of
                Chief Information Officer estimates of annual expenditures on
                internet services: $6,272,000 in 2017, $6,755,000 in 2018, and
                $6,755,000 in 2019.
                 \2\ The count of establishments, rounded to the nearest hundred,
                with email addresses was compiled from the Office of Public Affairs
                and Consumer Education on 5/15/2020. The count of active
                establishments includes approximately 1,100 eligible importer/
                exporter establishments and approximately 2,000 establishments that
                have voluntary inspection eligibility. Data was downloaded from the
                FSIS Public Health Information System on 8/14/2020.
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                Expected Costs of the Proposed Rule
                 FSIS expects any cost associated with this proposed rule to be de
                minimis. Since most establishments have email addresses, FSIS expects
                most establishments to have internet connectivity adequate for FSIS
                needs. Such establishments would likely be able to provide internet
                service to FSIS without a significant burden or additional costs to do
                so. FSIS requests comments on the number and types of establishments or
                facilities receiving mandatory or purchasing voluntary inspection
                services that do not purchase internet services at all, do not purchase
                internet services adequate for FSIS needs, or could not provide IPP
                access to internet services without accruing significant costs, as well
                as any cost estimates for providing IPP with access to the
                establishment's existing internet services.
                Regulatory Flexibility Act Assessment
                 The FSIS Administrator has made a preliminary determination that
                this proposed rule, if finalized, would not have a significant economic
                impact on a substantial number of small entities in the United States,
                as defined by the Regulatory Flexibility Act (5 U.S.C. 601), because
                any costs associated with the rule would be de minimis. FSIS would only
                require small businesses to provide internet access to FSIS IPP if the
                business has internet service and it's adequate for FSIS's use by IPP.
                Executive Order 12988, Civil Justice Reform
                 This proposed rule has been reviewed under Executive Order 12988,
                Civil Justice Reform. Under this rule: (1) All State and local laws and
                regulations that are inconsistent with this rule will be preempted; (2)
                no retroactive effect will be given to this rule; and (3) no
                administrative proceedings will be required before parties may file
                suit in court challenging this rule.
                Paperwork Reduction Act
                 There are no new paperwork or recordkeeping requirements associated
                with this proposed rule under the Paperwork Reduction Act of 1995 (44
                U.S.C. 3501-3520).
                Environmental Impact
                 Each USDA agency is required to comply with 7 CFR part 1b of the
                Departmental regulations, which supplements the National Environmental
                Policy Act regulations published by the Council on Environmental
                Quality. Under these regulations, actions of certain USDA agencies and
                agency units are categorically excluded from the preparation of an
                Environmental Assessment (EA) or an Environmental Impact Statement
                (EIS) unless the agency head determines that a particular action may
                have a significant environmental effect (7 CFR 1b.4(a)). FSIS is among
                the agencies categorically excluded from the preparation of an EA or
                EIS (7 CFR 1b.4(b)(6)).
                 FSIS has determined that this proposed rule would not create any
                extraordinary circumstances that would result in this normally excluded
                action having a significant effect on the human environment. Therefore,
                this action is appropriately subject to the categorical exclusion for
                FSIS programs and activities under 7 CFR 1b.4.
                E-Government Act
                 FSIS and the U.S. Department of Agriculture (USDA) are committed to
                achieving the purposes of the E-Government Act (44 U.S.C. 3601, et
                seq.) by, among other things, promoting the use of the internet and
                other information technologies and providing increased opportunities
                for citizen access to Government information and services, and for
                other purposes.
                Congressional Review Act
                 Pursuant to the Congressional Review Act at 5 U.S.C. 801 et seq.,
                the Office of Information and Regulatory Affairs has determined that
                this proposed rule is not a ``major rule,'' as defined by 5 U.S.C.
                804(2).
                Additional Public Notification
                 Public awareness of all segments of rulemaking and policy
                development is important. Consequently, FSIS will announce this Federal
                Register publication on-line through the FSIS web page located at:
                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,
                [[Page 12125]]
                regulations, directives, and notices. Customers can add or delete
                subscriptions themselves and have the option to password protect their
                accounts.
                USDA Non-Discrimination Statement
                 No agency, officer, or employee of the USDA shall, on the grounds
                of race, color, national origin, religion, sex, gender identity, sexual
                orientation, disability, age, marital status, family/parental status,
                income derived from a public assistance program, or political beliefs,
                exclude from participation in, deny the benefits of, or subject to
                discrimination any person in the United States under any program or
                activity conducted by the USDA.
                How To File a Complaint of Discrimination
                 To file a complaint of discrimination, complete the USDA Program
                Discrimination Complaint Form, which may be accessed online at http://www.ocio.usda.gov/sites/default/files/docs/2012/Complain_combined_6_8_12.pdf, or write a letter signed by you or your
                authorized representative.
                 Send your completed complaint form or letter to USDA by mail, fax,
                or email:
                 Mail: U.S. Department of Agriculture, Director, Office of
                Adjudication, 1400 Independence Avenue SW, Washington, DC 20250-9410.
                 Fax: (202) 690-7442.
                 Email: [email protected].
                 Persons with disabilities who require alternative means for
                communication (braille, large print, audiotape, etc.), should contact
                USDA's TARGET Center at (202) 720-2600 (voice and TDD).
                List of Subjects
                9 CFR Part 307
                 Government employees, Meat inspection.
                9 CFR Part 350
                 Meat inspection, Reporting and recordkeeping requirements.
                9 CFR Part 352
                 Food labeling, Meat inspection, Reporting and recordkeeping
                requirements.
                9 CFR Part 354
                 Administrative practice and procedure, Animal diseases, Food
                labeling, Meat inspection, Rabbits and rabbit products, Reporting and
                recordkeeping requirements, Signs and symbols.
                9 CFR Part 362
                 Meat inspection, Poultry and poultry products, Reporting and
                recordkeeping requirements.
                9 CFR Part 381
                 Administrative practice and procedure, Animal diseases, Crime,
                Exports, Food grades and standards, Food labeling, Food packaging,
                Government employees, Grant programs--agriculture, Imports,
                Intergovernmental relations, Laboratories, Meat inspection, Nutrition,
                Polychlorinated biphenyls (PCB's), Poultry and poultry products,
                Reporting and recordkeeping requirements, Seizures and forfeitures,
                Signs and symbols, Technical assistance, Transportation.
                9 CFR Part 533
                 Fish, Food grades and standards, Government employees, Public
                health, Seafood.
                9 CFR Part 590
                 Eggs and egg products, Exports, Food grades and standards, Food
                labeling, Imports, Reporting and recordkeeping requirements.
                9 CFR Part 592
                 Eggs and egg products, Exports, Food grades and standards, Food
                labeling, Imports, Reporting and recordkeeping requirements.
                 For the reasons set out in the preamble, FSIS is proposing to amend
                9 CFR Chapter III as follows:
                PART 307--FACILITIES FOR INSPECTION
                0
                1. The authority citation for part 307 continues to read as follows:
                 Authority: 7 U.S.C. 394, 21 U.S.C. 601-695; 7 CFR 2.17, 2.55.
                0
                2. Revise Sec. 307.1 to read as follows:
                Sec. 307.1 Facilities for Program employees.
                 Office space, including necessary furnishings, light, internet
                access, heat, and janitor service, must be provided by official
                establishments, rent free, for the exclusive use for official purposes
                of the inspector and other Program employees assigned thereto. The
                space set aside for this purpose must meet with approval of the
                Frontline Supervisors and must be conveniently located, properly
                ventilated and provided with lockers suitable for the protection and
                storage of Program supplies and with facilities suitable for Program
                employees to change clothing if such clothes changing facilities are
                deemed necessary by FSIS. At the discretion of the Administrator, small
                plants requiring the services of less than one full-time inspector need
                not furnish facilities as prescribed in this section, where adequate
                facilities exist in a nearby convenient location. Laundry service for
                inspectors' outer work clothing must be provided by each establishment.
                Establishments that lack internet services are not required to purchase
                internet services for use by FSIS and establishments with internet
                services inadequate for use by FSIS are not required to upgrade such
                services.
                PART 350--SPECIAL SERVICES RELATING TO MEAT AND OTHER PRODUCTS
                0
                3. The authority citation for part 350 continues to read as follows:
                 Authority: 7 U.S.C. 1622, 1624; 7 CFR 2.17, 2.55.
                0
                4. In Sec. 350.7, revise the section heading and add paragraph (h) to
                read as follows:
                Sec. 350.7 Fees, charges, and Internet access.
                * * * * *
                 (h) Internet access must be provided by the applicant for service,
                rent free, for the exclusive use for official purposes of the inspector
                and other Program employees assigned thereto. Applicants that lack
                internet services are not required to purchase internet services for
                use by FSIS and applicants with internet services inadequate for use by
                FSIS are not required to upgrade such services.
                PART 352--EXOTIC ANIMALS AND HORSES; VOLUNTARY INSPECTION
                0
                5. The authority citation for part 352 continues to read as follows:
                 Authority: 7 U.S.C. 1622, 1624; 7 CFR 2.17(g) and (i), 2.55.
                0
                6. In Sec. 352.5, revise the section heading and add paragraph (f) to
                read as follows:
                Sec. 352.5 Fees, charges and Internet access.
                * * * * *
                 (f) Internet access must be provided by the applicant for service,
                rent free, for the exclusive use for official purposes of the inspector
                and other Program employees assigned thereto. Applicants that lack
                internet services are not required to purchase internet services for
                use by FSIS and applicants with internet services inadequate for use by
                FSIS are not required to upgrade such services.
                [[Page 12126]]
                PART 354--VOLUNTARY INSPECTION OF RABBITS AND EDIBLE PRODUCTS
                THEREOF
                0
                7. The authority citation for part 354 continues to read as follows:
                 Authority: 7 U.S.C. 1622, 1624; 7 CFR 2.17(g) and (i), 2.55.
                0
                8. Revise Sec. 354.221(g) to read as follows:
                Sec. 354.221 Rooms and compartments.
                * * * * *
                 (g) Inspector's office. Furnished office space, including, but not
                being limited to, light, heat, internet access, and janitor service
                shall be provided rent free in the official plant for the exclusive use
                for official purposes of the inspector and the Administration. The room
                or rooms set apart for this purpose must meet with the approval of the
                Frontline Supervisor and be conveniently located, properly ventilated,
                and provided with lockers or cabinets suitable for the protection and
                storage of supplies and with facilities suitable for inspectors to
                change clothing. Facilities that lack internet services are not
                required to purchase internet services for use by FSIS, and facilities
                with internet services inadequate for use by FSIS are not required to
                upgrade such services.
                PART 362--VOLUNTARY POULTRY INSPECTION REGULATIONS
                0
                9. The authority citation for part 362 continues to read as follows:
                 Authority: 7 U.S.C. 1622; 7 CFR 2.18(g) and (i), 2.53.
                0
                10. In Sec. 362.5, revise the section heading and add paragraph (h) to
                read as follows:
                Sec. 362.5 Fees, charges, and Internet access.
                * * * * *
                 (h) Internet access must be provided by the applicant for service,
                rent free, for the exclusive use for official purposes of the inspector
                and other Program employees assigned thereto. Applicants that lack
                internet services are not required to purchase internet services for
                use by FSIS and applicants with internet services inadequate for use by
                FSIS are not required to upgrade such services.
                PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS
                0
                11. The authority citation for part 381 continues to read as follows:
                 Authority: 7 U.S.C. 1633, 1901-1906; 21 U.S.C. 451-472; 7 CFR
                2.18, 2.53.
                0
                12. Revise Sec. 381.36(a) to read as follows:
                Sec. 381.36 Facilities required.
                 (a) Inspector's Office. Office space, including, but not being
                limited to furnishings, light, internet access, heat, and janitor
                service, must be provided rent free in the official establishment, for
                the use of Government personnel for official purposes. The room or
                space set apart for this purpose must meet the approval of Frontline
                Supervisors and be conveniently located, properly ventilated, and
                provided with lockers or file cabinets suitable for the protection and
                storage of supplies and with facilities suitable for inspectors to
                change clothing. At the discretion of the Administrator, small plants
                requiring the services of less than one full-time inspector need not
                furnish facilities as prescribed in this section, where adequate
                facilities exist in a nearby convenient location. Each official
                establishment must provide commercial laundry service for inspectors'
                outer work clothing, or disposable outer work garments designed for
                one-time use, or uniform rental service garments which are laundered by
                the rental service. Establishments that lack internet services are not
                required to purchase internet services for use by FSIS and
                establishments with internet services inadequate for use by FSIS are
                not required to upgrade such services.
                * * * * *
                PART 533--SEPARATION OF ESTABLISHMENT; FACILITIES FOR INSPECTION;
                FACILITIES FOR PROGRAM EMPLOYEES; OTHER REQUIRED FACILITIES
                0
                13. The authority citation for part 533 continues to read as follows:
                 Authority: 21 U.S.C. 601-602, 606-622, 624-695; 7 CFR 2.7,
                2.18, 2.53.
                0
                14. Revise Sec. 533.3 to read as follows:
                Sec. 533.3 Facilities for Program employees.
                 Office space, including necessary furnishings, light, internet
                access, heat, and janitor service, must be provided by official
                establishments, rent free, for the exclusive use for official purposes
                of the inspector and other Program employees assigned thereto. The
                space set aside for this purpose shall meet with approval of the
                District Manager or the frontline supervisor and must be conveniently
                located, properly ventilated, and provided with lockers suitable for
                the protection and storage of Program supplies and with facilities
                suitable for Program employees to change clothing if such facilities
                are deemed necessary by the frontline supervisor. At the discretion of
                the Administrator, small establishments requiring the services of less
                than one full-time inspector need not furnish facilities for Program
                employees as prescribed in this section, where adequate facilities
                exist in a nearby convenient location. Laundry service for inspectors'
                outer work clothing must be provided by each establishment.
                Establishments that lack internet services are not required to purchase
                internet services for use by FSIS and establishments with internet
                services inadequate for use by FSIS are not required to upgrade such
                services.
                PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS
                INSPECTION ACT)
                0
                15. The authority citation for part 590 continues to read as follows:
                 Authority: 21 U.S.C. 1031-1056; 7 CFR 2.18, 2.53.
                0
                16. Revise Sec. 590.136(a) to read as follows:
                Sec. 590.136 Accommodations and equipment to be furnished by
                facilities for use of inspection program personnel in performing
                service.
                 (a) Inspection program personnel office. Office space, including,
                but not limited to, furnishings, light, heat, internet access, and
                janitor service, will be provided without cost in the official plant
                for the use of inspection program personnel for official purposes. The
                room or space set apart for this purpose must meet the approval of the
                Food Safety and Inspection Service and be conveniently located,
                properly ventilated, and provided with lockers or file cabinets
                suitable for the protection and storage of supplies and with
                accommodations suitable for inspection program personnel to change
                clothing. At the discretion of the Administrator, small official plants
                requiring the services of less than one full-time inspector need not
                furnish accommodations for inspection program personnel as prescribed
                in this section where adequate accommodations exist in a nearby
                convenient location. Plants that lack internet services are not
                required to purchase internet services for use by FSIS, and plants with
                internet services inadequate for use by FSIS are not required to
                upgrade such services.
                * * * * *
                PART 592--VOLUNTARY INSPECTION OF EGG PRODUCTS
                0
                17. The authority citation for part 592 continues to read as follows:
                 Authority: 7 U.S.C. 1621-1627.
                [[Page 12127]]
                0
                18. Revise Sec. 592.95(b) to read as follows:
                Sec. 592.95 Facilities and equipment to be furnished for use of
                inspection program personnel in performing service.
                * * * * *
                 (b) Acceptable furnished office space and equipment, including but
                not being limited to, internet access, a desk, lockers or cabinets
                (equipped with a satisfactory locking device) suitable for the
                protection and storage of supplies, and with facilities for inspection
                program personnel to change clothing. Facilities that lack internet
                services are not required to purchase internet services for use by
                FSIS, and facilities with internet services inadequate for use by FSIS
                are not required to upgrade such services.
                 Done at Washington, DC.
                Theresa Nintemann,
                Acting Administrator.
                [FR Doc. 2021-03609 Filed 3-1-21; 8:45 am]
                BILLING CODE 3410-DM-P
                

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