[Federal Register Volume 88, Number 72 (Friday, April 14, 2023)]
[Notices]
[Pages 22997-22999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07857]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

[Docket No. FSIS-2023-0008]


Notice of Request To Revise an Approved Information Collection: 
State Meat and Poultry Inspection Programs

AGENCY: Food Safety and Inspection Service (FSIS), U.S. Department of 
Agriculture (USDA).

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 and the 
Office of Management and Budget (OMB) regulations, FSIS is announcing 
its intention to request revision of the approved information 
collection regarding State Meat and Poultry Inspection Programs. FSIS 
is adding 164 burden hours to the collection due to the addition of new 
states. The approval for this information collection will expire on 
July 31, 2023.

DATES: Submit comments on or before June 13, 2023.

ADDRESSES: FSIS invites interested persons to submit comments on this 
Federal Register notice. Comments may be submitted by one of the 
following methods:
     Federal eRulemaking Portal: This website provides 
commenters the ability to type short comments directly into the comment 
field on the web page or to attach a file for lengthier comments. Go to 
https://www.regulations.gov. Follow the on-line instructions at that 
site for submitting comments.
     Mail: 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-2023-0008. Comments 
received in response to this docket will be made available for public 
inspection and posted without change, including any personal 
information, to https://www.regulations.gov.
    Docket: For access to background documents or comments received, 
call (202) 937-4272 to schedule a time to visit the FSIS Docket Room at 
1400 Independence Avenue SW, Washington, DC 20250-3700.

FOR FURTHER INFORMATION CONTACT: Gina Kouba, Office of Policy and 
Program Development, Food Safety and Inspection Service, USDA, 1400 
Independence Avenue SW, Mailstop 3758, South Building, Washington, DC 
20250-3700; (202) 937-4272.

SUPPLEMENTARY INFORMATION: 
    Title: State Meat and Poultry Inspection Programs.
    OMB Number: 0583-0170.
    Expiration Date of Approval: July 31, 2023.
    Type of Request: Renewal of an approved information collection.
    Abstract: The Federal Meat Inspection Act (FMIA) and the Poultry 
Products Inspection Act (PPIA) provide for FSIS to cooperate with State 
agencies in developing and administering their own meat or poultry 
inspection (MPI) programs (21 U.S.C. 661 and 454). The FMIA and the 
PPIA restrict each cooperative State MPI program to the inspection and 
regulation of products that are produced and sold within the State (21 
U.S.C. 661(a)(1) and 454(a)(1)). Under section 661 of the FMIA and 
section 454 of the PPIA, cooperative State MPI programs are required to 
operate in a manner and with authorities ``at least equal to'' the 
provisions set out in the FMIA and PPIA (21 U.S.C. 661(a)(1) and 
454(a)(1)).
    FSIS is announcing its intention to request revision of the 
approved information collection regarding State MPI programs. FSIS 
collects information from State MPI programs to ensure that their 
programs operate in a manner that is at least equal to FSIS' Federal 
inspection program in the protection of public interest; comply with 
requirements of Federal civil rights laws and regulations; meet 
necessary laboratory quality assurance standards and testing 
frequencies; and have the capability to perform microbiology and food 
chemistry methods that are ``at least equal to'' methods performed in 
the FSIS laboratories. FSIS is adding 164 burden hours to the 
collection due to the addition of new states. The approval for this 
information collection will expire on July 31, 2023.
    Twenty-nine states have MPI programs that operate under a 
cooperative agreement with FSIS and are subject to the comprehensive 
review

[[Page 22998]]

process. Comprehensive reviews of State MPI programs are conducted by 
an interdisciplinary team of FSIS Auditors from the Office of 
Investigation, Enforcement and Audit (OIEA), the Financial Management 
Division (FMD), the Civil Rights Staff (CRS), and the Laboratory 
Quality Assurance, Response, and Coordination Staff (LQARCS).
    There are nine review components that make up the comprehensive 
review process. The components are as follows: Component 1--Statutory 
Authority and Food Safety Regulations; Component 2--Inspection; 
Component 3--Sampling Programs; Component 4--Staffing, Training, and 
Supervision; Component 5--Humane Handling; Component 6--Compliance; 
Component 7--Laboratory Quality Assurance Program and Methods; 
Component 8--Civil Rights; and Component 9--Financial Accountability.
    For each of the first six components, State MPI programs submit 
annual self-assessment documentation to FSIS to demonstrate that the 
State MPI program is meeting the ``at least equal to'' Federal 
inspection requirements. Each component of the annual self-assessment 
includes a written narrative statement and documentation demonstrating 
that the program continuously meets the criteria to be ``at least equal 
to'' the Federal inspection program. State MPI programs also submit 
sufficient documentation to demonstrate that the program either follows 
current FSIS statutes, regulations, applicable directives and notices, 
and has implemented any changes necessary to maintain the ``at least 
equal to'' status or that the State MPI program has an effective, 
analogous program that would also be ``at least equal to'' the Federal 
inspection program. All State MPI programs need to demonstrate they 
operate in a manner that protects the health and welfare of consumers 
by ensuring that the meat and poultry products distributed by the 
establishments in the program are wholesome, not adulterated, and 
properly marked, labeled, and packaged.
    The annual self-assessment submission also includes one or more 
narratives describing the internal controls used by the State MPI 
program that: (1) Provide assurances and can measure the effectiveness 
of the program under the ``at least equal to'' criteria; (2) 
demonstrate how non-conformances will be addressed by corrective 
actions; and (3) demonstrate how the State MPI program will be 
maintained throughout the next 12 months.
    For Component 7 of the comprehensive State review process, states 
submit documentation of their laboratory quality assurance programs and 
methods. States document their laboratory quality assurance program 
activities on the FSIS Form 5720-14, State Meat and Poultry Inspection 
Program Laboratory Quality Management System Checklist. States submit 
copies of new or revised laboratory analytical methods accompanied by a 
FSIS Form 5720-15, Laboratory Method Notification Form.
    For Component 8 of the comprehensive review process, states submit 
documentation of their Civil Rights compliance. States receive FSIS 
monies to operate their MPI programs, and as such, are subject to the 
nondiscrimination provisions of Title VI, Title IX, Section 504 of the 
Rehabilitation Act of 1973 and the Age Discrimination Act of 1975. To 
assess the 29 states' compliance with these provisions, FSIS requests 
information on the states' civil rights programs and controls on FSIS 
Form 1520.1, Civil Rights Compliance of State Inspection Programs. This 
form requests information regarding nine areas of civil rights 
compliance, which include: (1) Civil Rights Assurances; (2) State 
Infrastructure and Program Accountability; (3) Public Notification; (4) 
Racial and Ethnic Data Collection; (5) Civil Rights Complaints of 
Discrimination; (6) Civil Rights Training; (7) Disability Compliance; 
(8) Limited English Proficiency; and (9) Compliance with the Age 
Discrimination Act of 1975. The form allows states to: (1) Document 
management controls they have implemented and maintained with regard to 
these nine categories; and (2) document how their overall civil rights 
program constitutes a civil rights program ``at least equal to'' the 
FSIS Federal program.
    FSIS requests documentation concerning all components of the self-
assessment and completion of these forms annually. Submission of the 
completed forms is due by November 1 each year to the Coordinators from 
OIEA, FMD, CRS, and LQARCS. In each submission, states respond to all 
questions and report on programs and activities implemented and 
maintained during the prior fiscal year (October 1 through September 
30).
    In addition to the annual self-assessment submission, State MPI 
programs are subject to an on-site review at a minimum frequency of 
once every three years to verify the accuracy and implementation of the 
self-assessment submissions. In the year that a State MPI program is 
scheduled for an on-site review, FSIS closely examines records from the 
State MPI program to determine annually whether the program is ``at 
least equal to'' the Federal inspection program.
    FSIS has made the following estimates for the revised information 
collection.
    Estimate of Burden: FSIS estimates that it will take each 
respondent an average of 243.137 hours to complete the forms and 
narratives.
    Respondents: State MPI Directors, Program Managers, and/or Human 
Resources Officials.
    Estimated No. of Respondents: 29 respondents.
    Estimated No. of Annual Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 7,051 hours.
    All responses to this notice will be summarized and included in the 
request for OMB approval. All comments will also become a matter of 
public record. Copies of this information collection assessment can be 
obtained from Gina Kouba, Office of Policy and Program Development, 
Food Safety and Inspection Service, USDA, 1400 Independence Avenue SW, 
Mailstop 3758, South Building, Washington, DC 20250-3700; (202) 937-
4272.
    Comments are invited on: (a) whether the proposed collection of 
information is necessary for the proper performance of FSIS' functions, 
including whether the information will have practical utility; (b) the 
accuracy of FSIS' estimate of the burden of the proposed collection of 
information, including the validity of the method and assumptions used; 
(c) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (d) ways to minimize the burden of the 
collection of information, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques, or other forms of information technology. Comments may be 
sent to both FSIS, at the addresses provided above, and the Desk 
Officer for Agriculture, Office of Information and Regulatory Affairs, 
Office of Management and Budget (OMB), Washington, DC 20253.

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: 
https://www.fsis.usda.gov/federal-register.
    FSIS will also announce and provide a link to this Federal Register

[[Page 22999]]

publication 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 can 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.

USDA 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;
    (2) Fax: (833) 256-1665 or (202) 690-7442; or
    (3) Email: [email protected].
    USDA is an equal opportunity provider, employer, and lender.

Paul Kiecker,
Administrator.
[FR Doc. 2023-07857 Filed 4-13-23; 8:45 am]
BILLING CODE 3410-DM-P