[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