81_FR_45586 81 FR 45451 - Establishment-Specific Data Release Strategic Plan

81 FR 45451 - Establishment-Specific Data Release Strategic Plan

DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service

Federal Register Volume 81, Issue 135 (July 14, 2016)

Page Range45451-45455
FR Document2016-16642

The Food Safety and Inspection Service (FSIS) is announcing the availability of its final Establishment-Specific Data Release Strategic Plan (the Plan) for sharing data on federally inspected meat and poultry establishments with the public. FSIS is also responding to comments received on a draft version of the Plan that FSIS posted on its Web site and announced in January 2015 in the Federal Register.

Federal Register, Volume 81 Issue 135 (Thursday, July 14, 2016)
[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)]
[Notices]
[Pages 45451-45455]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16642]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

[Docket No. FSIS-2014-0032]


Establishment-Specific Data Release Strategic Plan

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Notice; response to comments.

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SUMMARY: The Food Safety and Inspection Service (FSIS) is announcing 
the availability of its final Establishment-Specific Data Release 
Strategic Plan (the Plan) for sharing data on federally inspected meat 
and poultry establishments with the public. FSIS is also responding to 
comments received on a draft version of the Plan that FSIS posted on 
its Web site and announced in January 2015 in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Dr. Daniel L. Engeljohn, Assistant 
Administrator, Office of Policy and Program Development; Telephone: 
(202) 205-0495.

SUPPLEMENTARY INFORMATION:

Background

    The Food Safety and Inspection Service (FSIS) administers a 
regulatory program under 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.) to protect the health and welfare of consumers. 
The Agency is responsible for ensuring that the nation's commercial 
supply of meat,

[[Page 45452]]

poultry, and egg products is safe, wholesome, not adulterated, and 
correctly labeled and packaged.
    FSIS inspects these products at official slaughtering and 
processing establishments, verifying that the establishments meet 
regulatory requirements and enforcing those requirements as necessary.
    Additionally, FSIS employees (including inspectors, veterinarians, 
laboratorians, and Enforcement, Investigations, and Analysis Officers 
(EIAOs)) perform a variety of activities, including conducting 
inspections, ensuring compliance with existing regulations, and 
collecting and testing microbiological and chemical residue samples to 
verify that establishments are maintaining Hazard Analysis and Critical 
Control Point (HACCP) plans or other food safety systems that address 
these hazards.
    While conducting these activities and performing many other key 
functions, FSIS collects a large volume of establishment-specific data. 
Using the data, FSIS produces reports for internal use, and publicly 
shares data and reports through the Agency's Web site \1\ and other 
public communication venues. Most of the data that FSIS shares with the 
public is aggregated or in summary format; however, FSIS releases a 
large volume of disaggregated, establishment-specific data to the 
public through formal Freedom of Information Act (FOIA) requests.\2\
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    \1\ For more information, please visit: www.fsis.usda.gov.
    \2\ The Freedom of Information Act 5 U.S.C. 552, As Amended by 
Public Law 104-231, 110 Stat. 3048. Available at: http://www.justice.gov/oip/amended-foia-redlined.pdf.
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    In a notice published in the Federal Register on January 15, 2015, 
FSIS announced that the Agency had developed a plan for sharing data on 
federally inspected meat, poultry, and processed egg product 
establishments with the public (80 FR 2092). The Agency developed the 
Plan in response to policy documents issued by President Obama and the 
Office of Management and Budget (OMB), and to reduce the administrative 
burden FOIA requests have placed on the Agency.
    In 2009, President Obama and OMB released policy documents that 
called for increased data sharing and greater transparency in Federal 
agencies, including President Obama's January 21, 2009 ``Memorandum on 
Transparency and Open Government,'' \3\ OMB's February 24, 2009 
memorandum on ``The President's Memorandum on Transparency and Open 
Government--Interagency Collaboration'' \4\ and OMB's December 8, 2009 
``Open Government Directive.'' \5\ President Obama subsequently issued 
policy documents instructing agencies to develop plans for making 
information on regulatory compliance and enforcement activities 
available in machine-readable format, and accessible, downloadable, and 
searchable online.\6\
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    \3\ ``Transparency and Open Government: Memorandum for the Heads 
of Executive Departments and Agencies''. (74 FR 4685; Jan. 26, 
2009), pp. 4685-4686. Available at: http://www.whitehouse.gov/the_press_office/TransparencyandOpenGovernment.
    \4\ ``Memorandum for the Heads of Executive Departments and 
Agencies: President's Memorandum on Transparency and Open 
Government--Interagency Collaboration.'' Memorandum Number: M-09-12. 
24 February, 2009. Available at: http://www.whitehouse.gov/sites/default/files/omb/assets/memoranda_fy2009/m09-12.pdf.
    \5\ ``Memorandum for the Heads of Executive Departments and 
Agencies: President's Memorandum on Transparency and Open 
Government--Interagency Collaboration.'' Memorandum Number: M-10-06. 
8 December, 2009. Available at: http://www.whitehouse.gov/open/documents/open-government-directive.
    \6\ ``Memorandum on Regulatory Compliance.'' 76 FR 3825 (January 
21, 2011); ``Making Open and Machine Readable the New Default for 
Government Information.'' Executive Order 13642. 78 FR 28111 (May 
14, 2013).
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    Upon the recommendation of the National Advisory Committee on Meat 
and Poultry Inspection (NACMPI), FSIS asked the National Research 
Council (NRC) within the National Academies to study the potential food 
safety benefits and consequences of releasing establishment-specific 
data to the public. The NRC convened a committee in 2011 and issued a 
report that analyzed the costs and benefits of releasing establishment-
specific data, recommending that FSIS develop a strategic plan to guide 
the Agency's efforts to release the data.\7\
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    \7\ National Research Council, Committee on a Study of Food 
Safety and Other Consequences of Publishing Establishment-Specific 
Data. ``The Potential Consequences of Public Release of Food Safety 
and Inspection Service Establishment-Specific Data.'' 2011. 
Available at: http://www.nap.edu/catalog.php?record_id=13304.
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    FSIS also convened an internal committee to conduct its own in-
depth review of Federal data sharing procedures and resources, which 
culminated in the development of the draft version of the Plan. NACMPI 
reviewed the draft plan in January 2014 and FSIS incorporated its 
feedback in the announced version of the draft Plan.

Final Revision of the Plan

    After carefully reviewing the submitted comments, FSIS made minor 
changes to the draft Plan. These changes include updated preliminary 
lists of datasets identified for release and considered for future 
release, as well as an expanded explanation of how FSIS will determine 
the level of aggregation for each dataset. The final revision of the 
Plan can be viewed on the Agency's Web site at http://www.fsis.usda.gov/wps/wcm/connect/0803f8a0-a3cc-4945-87b6-f992acdcfa9b/Establishment-Specific-Data-Plan-Final.pdf?MOD=AJPERES.
    The Plan establishes FSIS's process for releasing establishment-
specific data on Data.gov. The Plan includes an overview of FSIS data 
collection processes and structures, dataset selection criteria, data 
release procedures, a preliminary list of Agency datasets for public 
release, and performance measures for evaluating the effectiveness of 
data release.
    The preliminary list of Agency datasets for public release includes 
a ``demographic'' dataset of all regulated establishments that 
incorporates both information currently included in the Meat, Poultry 
and Egg Product Inspection Directory (name, number, address, grant 
date, slaughter and/or processing, meat and/or poultry) and additional 
information to facilitate data analysis (e.g., variables specifically 
created to allow different datasets to be correctly combined). The 
preliminary list also includes data on Listeria monocytogenes and 
Salmonella in ready-to-eat (RTE) products and processed egg products; 
data on Shiga Toxin-producing Escherichia coli (STEC) and Salmonella in 
raw, non-intact beef products; data on Salmonella and Campylobacter in 
young chickens and young turkeys, comminuted poultry, and chicken 
parts; routine chemical residue testing data in meat and poultry 
products; and advanced meat recovery (AMR) testing data. Of these, 
Salmonella in raw, non-intact beef products; Listeria monocytogenes and 
Salmonella in processed egg products; and Salmonella and Campylobacter 
in young chickens and young turkeys, comminuted poultry, and chicken 
parts are new additions to the Plan.
    Agency datasets identified for the first release include the 
demographic dataset and Listeria and Salmonella data in RTE products. 
FSIS will release these datasets by October 12, 2016. The preliminary 
list of Agency datasets will not all be released at the same time, and 
before the release of final datasets, FSIS intends to publish a 
Constituent Update with a link to a sample dataset for stakeholder 
review. For each dataset to be released, FSIS will determine and 
announce, on a case-by-case basis, the appropriate level of 
aggregation. For example, datasets could be aggregated at the national 
level or not aggregated at all, depending on FSIS's determination.

[[Page 45453]]

    Besides the preliminary datasets that the Agency intends for 
release, FSIS is considering additional data sources for future release 
of both aggregate and individual establishment data. These include: 
Individual establishment inspection task data associated with 
verification of compliance with each regulation; humane handling task 
data; and import sampling task data relating to STEC, Salmonella, and 
residue testing.
    The following is a summary of the comments received and FSIS's 
responses.

Summary of Comments and Responses

    FSIS received 19 comments in response to the January 2015 notice. 
The comments were from trade groups representing the meat and poultry 
industry, consumer groups, animal welfare groups, veterinary 
associations, a corporation that produces meat and poultry products, 
and three private citizens.

National Research Council (NRC) Study

    Comment: Several commenters stated that the release of 
establishment-specific data could damage the reputation of product 
brands because consumers will relate products to the specific 
establishments producing those products. These commenters suggested 
that the data released could create competitive disparity within the 
industry or cause harm to the U.S. food industry. Because of this, 
according to the commenters, the release of establishment-specific data 
would be akin to FSIS's endorsing certain brands over others.
    One commenter agreed that some brands may develop an unwanted 
reputation based on data released to the public, but believed that this 
could actually benefit FSIS by weeding out bad actors.
    Other commenters stated that the Plan will have a limited impact on 
brand reputation because consumers do not relate products to the 
specific establishments producing those products.
    Response: While consumers could relate brands to the specific 
establishments producing their products, FSIS will not endorse certain 
brands over others through sharing data. FSIS maintains information on 
establishments, not brand information. When evaluating datasets for 
release, FSIS will thoroughly examine whether releasing datasets could 
have an adverse impact on the industry, including whether releasing the 
dataset would create market disparity. However, the NRC Committee 
thought that one potential benefit of releasing establishment-specific 
data would be that consumers would be able to make more informed 
choices, and that resulting consumer pressure could motivate 
corporations to improve performance in order to protect brand 
reputation.

Criteria for Evaluating FSIS Datasets for Public Posting

    Comment: Some commenters stated that data released under the Plan 
could contain confidential information such as Personally Identifiable 
Information (PII), or proprietary information such as trade secrets. 
Other commenters suggested that the release of certain establishment-
specific data to the public could incentivize foreign countries to 
erect trade barriers against the United States or individual companies. 
One commenter noted that the release of certain establishment-specific 
data could expose establishments to vulnerabilities in food defense. 
The commenter also stated that the publication of the establishment's 
name, address, and size, along with the types of products produced, 
could direct potential terrorists to more desirable targets.
    Response: FSIS will thoroughly examine candidate datasets, using 
multiple FSIS personnel, to ensure the datasets do not contain PII, 
confidential information or proprietary information. The Agency will 
not release data that contains confidential information, including PII, 
on either FSIS staff or establishment employees.
    In addition, FSIS will consider potential security risks associated 
with release of data based on the evolving threat landscape. The 
release of establishment-specific demographic data, such as the name, 
address, and type of product produced, does not pose a significant 
security risk to food defense. Most of this information is already 
available to the public in the Meat, Poultry, and Egg Product 
Directory. The Agency continues to recommend that establishments 
voluntarily adopt and implement food defense measures to mitigate 
potential vulnerabilities.
    Comment: Several commenters stated that the release of 
disaggregated, establishment-specific data may mislead the public if 
there is a lack of context. For example, the public may misconstrue the 
meaning and significance of NRs received by establishments if the 
corrective actions, enforcement actions, and appeals are not also 
provided. These commenters worried that misinterpretation of the data 
could be harmful to the image of the individual establishments and the 
industry as a whole.
    Some commenters recommended FSIS adopt a due-process mechanism to 
prevent the release of data that can be easily misinterpreted. These 
commenters requested that the industry be allowed to examine data and 
user guides concerning the data before they are released to the public. 
One commenter recommended that FSIS incorporate the user guides into 
the same document containing the datasets to increase the likelihood 
that the public will consult the guides when reviewing the data. 
Another commenter recommended that FSIS use consumer test panels to 
evaluate whether readers understand the data. The same commenter also 
recommended that FSIS allow the industry to provide comments along with 
the datasets to help give the public some context in interpreting the 
data.
    Response: FSIS staff will thoroughly evaluate every dataset to 
determine the potential for misinterpretation. If it is highly likely 
that the public will misinterpret the released data, the Agency will 
evaluate the dataset to determine if additional explanatory or 
contextual information would reduce that likelihood. If additional 
information will not reduce the potential for misinterpretation, the 
Agency will remove the dataset from consideration for release.
    In addition, the Plan provides a thorough list of context-providing 
documentation that will be included in user guides with each dataset 
released, including: (1) A dataset overview and explanation; (2) 
database-specific dictionaries; (3) historical information on changes 
to sampling methods and scheduling or collection to inform changes to 
time-series; (4) the context in which the data was collected; (5) 
sources of variability and specificity of methods used; (6) the 
dataset's relationship to other released datasets; (7) data use 
limitations; and (8) links to analyses conducting using the data to be 
released. FSIS will share these user guides with industry stakeholders 
prior to the release of datasets to ensure the accuracy of the 
information; however, there is no plan at this time to include industry 
comments with the released datasets.
    Comment: Some commenters stated that the Plan did not articulate 
how the release of establishment-specific data aligns with FSIS's 
goals. Specifically, these commenters requested that FSIS articulate 
how each data release aligns with a public health objective.
    Response: Every dataset released will align with the primary 
mission of FSIS:

[[Page 45454]]

To ensure that the Nation's commercial supply of meat, poultry, and egg 
products is safe, wholesome, and correctly labeled and packaged. 
Because of its importance, for every dataset it considers for release, 
FSIS will separately evaluate whether the data released will be used to 
benefit the public's health and reduce foodborne illness.
    Comment: Some commenters expressed concern about the potential cost 
for the Agency to implement the Plan. One commenter stated that too 
many FSIS resources would be expended in implementing the Plan and 
requested the inclusion of additional information about cost savings.
    Response: The monetary and personnel costs associated with 
implementing the Plan will be minimal. Under the Plan, FSIS will 
consider both the Agency's personnel and monetary costs when 
determining which datasets to release. Accordingly, data that will 
create a heavy administrative burden through excessive documentation or 
manual redaction will not be released. To further reduce the 
administrative costs, FSIS will develop an automated algorithm that 
will identify and collect datasets intended for release.

Prioritization for Data Release

    Comment: Several commenters identified additional datasets that 
should be considered for release, such as import inspection data, 
humane handling task data, Food-Safety Assessments (FSAs), codes for 
inspections tasks that were not performed and whether establishments 
participate in the new poultry inspection system.
    A few commenters requested the release of information on tissue 
residue violations in cull dairy cows. These commenters stated that the 
information, which was published on the Agency's Web site until March 
2011, is a valuable resource for the dairy industry to target outreach 
efforts and reduce the probability that repeat violations will occur.
    Response: After considering these comments, FSIS has decided to add 
import inspection data, FSAs, and inspection tasks that were not 
performed to the preliminary list of data sources to be considered for 
future release. Humane handling task data is already on the preliminary 
list. FSA data will be limited to exclude free-text fields that may 
include PII or proprietary information.
    FSIS announced in the 2016 Federal Register Notice titled ``New 
Performance Standards for Salmonella and Campylobacter in Not-Ready-to-
Eat Comminuted Chicken and Turkey Products and Raw Chicken Parts . . 
.'' that it will begin posting, based on FSIS sampling results and 
depending on the standard for the particular product, whether an 
establishment meets the FSIS pathogen reduction performance standards, 
or what category an establishment is in.
    FSIS does not intend to resume the publication of a monthly Residue 
Violator List that includes the name of any producer with at least one 
residue violation in the previous 12-months. The Agency stopped 
publishing the monthly Residue Violator List in 2011 to prevent 
potential economic harm to producers with only one violation. Instead, 
FSIS will continue to publish a weekly Residue Repeat Violator List, 
which identifies producers with multiple residue violations within a 
12-month period.\8\ FSIS notes that many first time violators do not go 
on to become repeat violators within the designated 12-month period. In 
addition, repeat violators have an incentive to improve operations and 
prevent violative residues in order to remove their names from the 
Repeat Violator List.
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    \8\ The FSIS Repeat Residue Violator List can be downloaded at 
http://www.fsis.usda.gov/wps/portal/fsis/topics/data-collection-and-reports/chemistry/residue-chemistry.
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    Comment: A few commenters requested that FSIS release noncompliance 
records (NRs) filed by FSIS inspection personnel, subsequent appeals, 
and their eventual resolutions.
    Several commenters requested that NRs not be released because 
consumers could easily misinterpret their significance and regulatory 
meaning. Those same commenters argued that it would waste FSIS 
resources to review and redact each NR before releasing the data.
    Response: FSIS does not intend to release NRs as a stand-alone data 
set at this time. FSIS will consider releasing the compliance status of 
individual inspection tasks and regulations if FSIS decides to release 
inspection task data in the future. Free-text fields will never be 
released because of the possible presence of PII and because manual 
redaction is costly. However, general information, such as whether or 
not an NR was recorded, the date the NR was issued, which regulations 
it cited, whether an appeal was filed, and whether the appeal was 
granted, will be considered for release.
    Comment: One commenter encouraged FSIS to release historical data 
from older data systems in addition to the Public Health Information 
System (PHIS) data it currently plans to release.
    Response: At this time, only data collected since the 
implementation of PHIS in 2012 will be considered for release. The 
historical data from before the implementation of PHIS would be too 
burdensome for the Agency to release. FSIS will consider releasing 
historical data from older data systems at a later date if Agency 
resources permit.

Data Release Procedures

    Comment: One commenter asked that FSIS release data more frequently 
than on a quarterly basis. The commenter stated that because PHIS 
collects data in real time, FSIS should be able to release data every 
month.
    Response: At this time, one new dataset from the Priority List is 
scheduled to be released no more frequently than on a quarterly basis. 
This will provide the Agency sufficient time to select and verify the 
accuracy of the data, as well as release a sample data set and 
documentation through an FSIS Constituent Update to interested 
stakeholders for review.
    Comment: Some commenters recommended that FSIS ``blind'' or 
aggregate the datasets. The blind or aggregated data would allow 
interested parties to see how industry and the Agency are performing in 
various areas without compromising individual companies and creating 
market disparity.
    Response: As part of the review process, FSIS will determine the 
most appropriate level of aggregation for each dataset. FSIS will 
continue to release at a national level of aggregation datasets that 
are currently so aggregated. For other datasets, FSIS intends to assess 
feedback from stakeholders and other users of the data to determine if 
additional levels of aggregation would be useful. Also, for each 
dataset planned for initial release, FSIS plans to release 
establishment-specific information, including the establishment's name 
and number.

Measurement of Effectiveness of Data Release

    Comment: One commenter stated that some of the metrics presented in 
the draft Plan to measure effectiveness are too narrow to fully capture 
the ways in which the data is used. For instance, according to the 
commenter, a metric for the number of presentations on related data by 
FSIS staff at professional meetings does not account for presentations 
on other topics that use the data as a portion of their presentations. 
Similarly, the commenter stated that a metric for the number of peer-
reviewed reports generated using

[[Page 45455]]

the establishment-specific data does not include papers that use the 
data that are not peer-reviewed.
    Another commenter recommended that FSIS reassess the Plan after one 
year. If after one year FSIS determines that the data release program 
is not achieving its intended goals, the Agency should change the Plan.
    Response: FSIS acknowledges that it is impossible to anticipate 
every way in which the released establishment-specific data will be 
used. The Plan, however, presents a framework of performance measures 
that will adequately inform future data releases. This framework 
includes a combination of the seven quantitative metrics listed, along 
with qualitative measures, such as assessments of how data are 
interpreted and used by stakeholders. FSIS will regularly review these 
metrics and use them to guide future choices for data release.

USDA Nondiscrimination 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.
    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).

Additional Public Notification

    FSIS will announce this notice online through the FSIS Web page 
located at http://www.fsis.usda.gov/federal-register.
    FSIS will also make copies of this Federal Register 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 constituents and 
stakeholders. The Update is communicated via Listserv, a free 
electronic mail subscription service for industry, trade groups, 
consumer interest groups, health professionals, and other individuals 
who have asked to be included. The Update is also available on the FSIS 
Web page. In addition, FSIS offers an electronic mail 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 to regulations, directives, and notices. Customers can add 
or delete subscriptions themselves, and have the option to password 
protect their accounts.

    Done at Washington, DC, on July 11, 2016.
Alfred V. Almanza,
Acting Administrator.
[FR Doc. 2016-16642 Filed 7-13-16; 8:45 am]
BILLING CODE 3410-DM-P



                                                                                   Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Notices                                                 45451

                                                      Estimated annual number of                             however, there are reports of                         ahead to (202) 799–7039 to facilitate
                                                    respondents: 7,200.                                      infestations at inland riparian locations.            entry into the reading room. In addition,
                                                      Estimated annual number of                             Fragments of the plant easily root,                   copies may be obtained by calling or
                                                    responses per respondent: 1.5.                           which facilitates the spread of this                  writing to the individual listed under
                                                      Estimated annual number of                             invasive plant. Overgrowth of Cape-ivy,               FOR FURTHER INFORMATION CONTACT.
                                                    responses: 10,800.                                       a climbing vine, causes native plants to                The EA and FONSI have been
                                                      Estimated total annual burden on                       die. The Animal and Plant Health                      prepared in accordance with: (1) The
                                                    respondents: 4,618 hours. (Due to                        Inspection Service (APHIS) is proposing               National Environmental Policy Act of
                                                    averaging, the total annual burden hours                 to issue permits for the field release of             1969 (NEPA), as amended (42 U.S.C.
                                                    may not equal the product of the annual                  a gall-forming fly, Parafreutreta regalis,            4321 et seq.); (2) regulations of the
                                                    number of responses multiplied by the                    into the continental United States to                 Council on Environmental Quality for
                                                    reporting burden per response.)                          reduce the severity of Cape-ivy                       implementing the procedural provisions
                                                      All responses to this notice will be                   infestations.                                         of NEPA (40 CFR parts 1500–1508); (3)
                                                    summarized and included in the request                      On March 24, 2016, we published in                 USDA regulations implementing NEPA
                                                    for OMB approval. All comments will                      the Federal Register (81 FR 15679–                    (7 CFR part 1b); and (4) APHIS’ NEPA
                                                    also become a matter of public record.                   15680, Docket No. APHIS–2015–0099) a                  Implementing Procedures (7 CFR part
                                                      Done in Washington, DC, this 8th day of                notice 1 in which we announced the                    372).
                                                    July 2016.                                               availability, for public review and                     Done in Washington, DC, this 8th day of
                                                    Kevin Shea,                                              comment, of an environmental                          July 2016.
                                                    Administrator, Animal and Plant Health                   assessment (EA) that examined the                     Kevin Shea,
                                                    Inspection Service.                                      potential environmental impacts                       Administrator, Animal and Plant Health
                                                    [FR Doc. 2016–16612 Filed 7–13–16; 8:45 am]
                                                                                                             associated with the proposed release of               Inspection Service.
                                                                                                             P. regalis into the continental United                [FR Doc. 2016–16624 Filed 7–13–16; 8:45 am]
                                                    BILLING CODE 3410–34–P
                                                                                                             States.
                                                                                                                                                                   BILLING CODE 3410–34–P
                                                                                                                We solicited comments on the EA for
                                                    DEPARTMENT OF AGRICULTURE                                30 days ending April 25, 2016. We
                                                                                                             received 23 comments by that date. The                DEPARTMENT OF AGRICULTURE
                                                    Animal and Plant Health Inspection                       comments were from a State native
                                                    Service                                                  plant society, plant preservation                     Food Safety and Inspection Service
                                                                                                             entities, State departments of
                                                    [Docket No. APHIS–2015–0099]                                                                                   [Docket No. FSIS–2014–0032]
                                                                                                             agriculture, an organization of State
                                                    Availability of an Environmental                         plant regulatory agencies, and private                Establishment-Specific Data Release
                                                    Assessment and Finding of No                             citizens. Twenty-two commenters                       Strategic Plan
                                                    Significant Impact for the Biological                    supported this action.
                                                    Control of Cape-Ivy                                         One commenter raised a concern                     AGENCY:  Food Safety and Inspection
                                                                                                             about the possibility of P. regalis being             Service, USDA.
                                                    AGENCY:  Animal and Plant Health                         introduced to Hawaii by airplanes                     ACTION: Notice; response to comments.
                                                    Inspection Service, USDA.                                commuting from California to Hawaii
                                                    ACTION: Notice.                                          and asked whether we considered the                   SUMMARY:   The Food Safety and
                                                                                                             biological risks associated with the                  Inspection Service (FSIS) is announcing
                                                    SUMMARY:   We are advising the public                    release of P. regalis in Hawaii. We have              the availability of its final
                                                    that the Animal and Plant Health                         prepared a response to this specific                  Establishment-Specific Data Release
                                                    Inspection Service has prepared a final                  concern in an appendix to the final EA.               Strategic Plan (the Plan) for sharing data
                                                    environmental assessment and finding                        In this document, we are advising the              on federally inspected meat and poultry
                                                    of no significant impact relative to the                 public of our finding of no significant               establishments with the public. FSIS is
                                                    field release of a gall-forming fly,                     impact (FONSI) regarding the release of               also responding to comments received
                                                    Parafreutreta regalis, into the                          P. regalis into the continental United                on a draft version of the Plan that FSIS
                                                    continental United States for the use as                 States for use as a biological control                posted on its Web site and announced
                                                    a biological control agent to reduce the                 agent for Cape-ivy. The finding, which                in January 2015 in the Federal Register.
                                                    severity of Cape-ivy, Delairea odorata.                  is based on the final EA, reflects our                FOR FURTHER INFORMATION CONTACT: Dr.
                                                    Based on the finding of no significant                   determination that release of this                    Daniel L. Engeljohn, Assistant
                                                    impact, we have determined that an                       biological control agent will not have a              Administrator, Office of Policy and
                                                    environmental impact statement need                      significant impact on the quality of the              Program Development; Telephone: (202)
                                                    not be prepared.                                         human environment.                                    205–0495.
                                                    FOR FURTHER INFORMATION CONTACT: Mr.                        The final EA and FONSI may be
                                                                                                                                                                   SUPPLEMENTARY INFORMATION:
                                                    Robert Tichenor, Plant Health Programs,                  viewed on Regulations.gov Web site (see
                                                    PPQ, APHIS, 4700 River Road Unit 133,                    footnote 1). Copies of the EA and FONSI               Background
                                                    Riverdale, MD 20737–1231; (301) 851–                     are also available for public inspection                The Food Safety and Inspection
                                                    2198.                                                    at USDA, Room 1141, South Building,                   Service (FSIS) administers a regulatory
                                                    SUPPLEMENTARY INFORMATION: Cape-ivy                      14th Street and Independence Avenue                   program under the Federal Meat
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    (Delairea odorata), a native of South                    SW., Washington, DC, between 8 a.m.                   Inspection Act (FMIA) (21 U.S.C. 601 et
                                                    Africa, has become one of the most                       and 4:30 p.m., Monday through Friday,                 seq.), the Poultry Products Inspection
                                                    pervasive non-native plants to invade                    except holidays. Persons wishing to                   Act (PPIA) (21 U.S.C. 451 et seq.), and
                                                    the coastal west region of the United                    inspect copies are requested to call                  the Egg Products Inspection Act (EPIA)
                                                    States, particularly in California and                     1 To view the notice, the comments we received,
                                                                                                                                                                   (21 U.S.C. 1031 et seq.) to protect the
                                                    Oregon. Cape-ivy is a weedy vine that                    the final EA, and the FONSI, go to http://
                                                                                                                                                                   health and welfare of consumers. The
                                                    prefers moist, partly-shaded                             www.regulations.gov/#!docketDetail;D=APHIS-           Agency is responsible for ensuring that
                                                    environments along the Pacific coast;                    2015-0099.                                            the nation’s commercial supply of meat,


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                                                    45452                          Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Notices

                                                    poultry, and egg products is safe,                       OMB’s February 24, 2009 memorandum                    will determine the level of aggregation
                                                    wholesome, not adulterated, and                          on ‘‘The President’s Memorandum on                    for each dataset. The final revision of
                                                    correctly labeled and packaged.                          Transparency and Open Government—                     the Plan can be viewed on the Agency’s
                                                       FSIS inspects these products at                       Interagency Collaboration’’ 4 and OMB’s               Web site at http://www.fsis.usda.gov/
                                                    official slaughtering and processing                     December 8, 2009 ‘‘Open Government                    wps/wcm/connect/0803f8a0-a3cc-4945-
                                                    establishments, verifying that the                       Directive.’’ 5 President Obama                        87b6-f992acdcfa9b/Establishment-
                                                    establishments meet regulatory                           subsequently issued policy documents                  Specific-Data-Plan-
                                                    requirements and enforcing those                         instructing agencies to develop plans for             Final.pdf?MOD=AJPERES.
                                                    requirements as necessary.                               making information on regulatory                         The Plan establishes FSIS’s process
                                                       Additionally, FSIS employees                          compliance and enforcement activities                 for releasing establishment-specific data
                                                    (including inspectors, veterinarians,                    available in machine-readable format,                 on Data.gov. The Plan includes an
                                                    laboratorians, and Enforcement,                          and accessible, downloadable, and                     overview of FSIS data collection
                                                    Investigations, and Analysis Officers                    searchable online.6                                   processes and structures, dataset
                                                    (EIAOs)) perform a variety of activities,                   Upon the recommendation of the                     selection criteria, data release
                                                    including conducting inspections,                        National Advisory Committee on Meat                   procedures, a preliminary list of Agency
                                                    ensuring compliance with existing                        and Poultry Inspection (NACMPI), FSIS                 datasets for public release, and
                                                    regulations, and collecting and testing                  asked the National Research Council                   performance measures for evaluating the
                                                    microbiological and chemical residue                     (NRC) within the National Academies to                effectiveness of data release.
                                                    samples to verify that establishments are                study the potential food safety benefits                 The preliminary list of Agency
                                                    maintaining Hazard Analysis and                          and consequences of releasing                         datasets for public release includes a
                                                    Critical Control Point (HACCP) plans or                  establishment-specific data to the                    ‘‘demographic’’ dataset of all regulated
                                                    other food safety systems that address                   public. The NRC convened a committee                  establishments that incorporates both
                                                    these hazards.                                           in 2011 and issued a report that                      information currently included in the
                                                       While conducting these activities and                 analyzed the costs and benefits of                    Meat, Poultry and Egg Product
                                                    performing many other key functions,                     releasing establishment-specific data,                Inspection Directory (name, number,
                                                    FSIS collects a large volume of                          recommending that FSIS develop a                      address, grant date, slaughter and/or
                                                    establishment-specific data. Using the                   strategic plan to guide the Agency’s                  processing, meat and/or poultry) and
                                                    data, FSIS produces reports for internal                 efforts to release the data.7                         additional information to facilitate data
                                                    use, and publicly shares data and                           FSIS also convened an internal                     analysis (e.g., variables specifically
                                                    reports through the Agency’s Web site 1                  committee to conduct its own in-depth                 created to allow different datasets to be
                                                    and other public communication                           review of Federal data sharing                        correctly combined). The preliminary
                                                    venues. Most of the data that FSIS                       procedures and resources, which                       list also includes data on Listeria
                                                    shares with the public is aggregated or                  culminated in the development of the                  monocytogenes and Salmonella in
                                                    in summary format; however, FSIS                         draft version of the Plan. NACMPI                     ready-to-eat (RTE) products and
                                                    releases a large volume of disaggregated,                reviewed the draft plan in January 2014               processed egg products; data on Shiga
                                                    establishment-specific data to the public                and FSIS incorporated its feedback in                 Toxin-producing Escherichia coli
                                                    through formal Freedom of Information                    the announced version of the draft Plan.              (STEC) and Salmonella in raw, non-
                                                    Act (FOIA) requests.2                                                                                          intact beef products; data on Salmonella
                                                       In a notice published in the Federal                  Final Revision of the Plan
                                                                                                                                                                   and Campylobacter in young chickens
                                                    Register on January 15, 2015, FSIS                         After carefully reviewing the                       and young turkeys, comminuted
                                                    announced that the Agency had                            submitted comments, FSIS made minor                   poultry, and chicken parts; routine
                                                    developed a plan for sharing data on                     changes to the draft Plan. These changes              chemical residue testing data in meat
                                                    federally inspected meat, poultry, and                   include updated preliminary lists of                  and poultry products; and advanced
                                                    processed egg product establishments                     datasets identified for release and                   meat recovery (AMR) testing data. Of
                                                    with the public (80 FR 2092). The                        considered for future release, as well as             these, Salmonella in raw, non-intact
                                                    Agency developed the Plan in response                    an expanded explanation of how FSIS                   beef products; Listeria monocytogenes
                                                    to policy documents issued by President                                                                        and Salmonella in processed egg
                                                    Obama and the Office of Management                          4 ‘‘Memorandum for the Heads of Executive
                                                                                                                                                                   products; and Salmonella and
                                                                                                             Departments and Agencies: President’s
                                                    and Budget (OMB), and to reduce the                      Memorandum on Transparency and Open
                                                                                                                                                                   Campylobacter in young chickens and
                                                    administrative burden FOIA requests                      Government—Interagency Collaboration.’’               young turkeys, comminuted poultry,
                                                    have placed on the Agency.                               Memorandum Number: M–09–12. 24 February,              and chicken parts are new additions to
                                                       In 2009, President Obama and OMB                      2009. Available at: http://www.whitehouse.gov/        the Plan.
                                                    released policy documents that called                    sites/default/files/omb/assets/memoranda_fy2009/         Agency datasets identified for the first
                                                                                                             m09-12.pdf.
                                                    for increased data sharing and greater                      5 ‘‘Memorandum for the Heads of Executive          release include the demographic dataset
                                                    transparency in Federal agencies,                        Departments and Agencies: President’s                 and Listeria and Salmonella data in RTE
                                                    including President Obama’s January                      Memorandum on Transparency and Open                   products. FSIS will release these
                                                    21, 2009 ‘‘Memorandum on                                 Government—Interagency Collaboration.’’               datasets by October 12, 2016. The
                                                                                                             Memorandum Number: M–10–06. 8 December,
                                                    Transparency and Open Government,’’ 3                    2009. Available at: http://www.whitehouse.gov/
                                                                                                                                                                   preliminary list of Agency datasets will
                                                                                                             open/documents/open-government-directive.             not all be released at the same time, and
                                                      1 For more information, please visit:                     6 ‘‘Memorandum on Regulatory Compliance.’’ 76      before the release of final datasets, FSIS
                                                    www.fsis.usda.gov.                                       FR 3825 (January 21, 2011); ‘‘Making Open and         intends to publish a Constituent Update
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                                                      2 The Freedom of Information Act 5 U.S.C. 552,         Machine Readable the New Default for Government       with a link to a sample dataset for
                                                    As Amended by Public Law 104–231, 110 Stat.              Information.’’ Executive Order 13642. 78 FR 28111
                                                    3048. Available at: http://www.justice.gov/oip/          (May 14, 2013).                                       stakeholder review. For each dataset to
                                                    amended-foia-redlined.pdf.                                  7 National Research Council, Committee on a        be released, FSIS will determine and
                                                      3 ‘‘Transparency and Open Government:                  Study of Food Safety and Other Consequences of        announce, on a case-by-case basis, the
                                                    Memorandum for the Heads of Executive                    Publishing Establishment-Specific Data. ‘‘The         appropriate level of aggregation. For
                                                    Departments and Agencies’’. (74 FR 4685; Jan. 26,        Potential Consequences of Public Release of Food
                                                    2009), pp. 4685–4686. Available at: http://              Safety and Inspection Service Establishment-
                                                                                                                                                                   example, datasets could be aggregated at
                                                    www.whitehouse.gov/the_press_office/                     Specific Data.’’ 2011. Available at: http://          the national level or not aggregated at
                                                    TransparencyandOpenGovernment.                           www.nap.edu/catalog.php?record_id=13304.              all, depending on FSIS’s determination.


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                                                                                   Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Notices                                           45453

                                                      Besides the preliminary datasets that                  potential benefit of releasing                        the individual establishments and the
                                                    the Agency intends for release, FSIS is                  establishment-specific data would be                  industry as a whole.
                                                    considering additional data sources for                  that consumers would be able to make                     Some commenters recommended
                                                    future release of both aggregate and                     more informed choices, and that                       FSIS adopt a due-process mechanism to
                                                    individual establishment data. These                     resulting consumer pressure could                     prevent the release of data that can be
                                                    include: Individual establishment                        motivate corporations to improve                      easily misinterpreted. These
                                                    inspection task data associated with                     performance in order to protect brand                 commenters requested that the industry
                                                    verification of compliance with each                     reputation.                                           be allowed to examine data and user
                                                    regulation; humane handling task data;                                                                         guides concerning the data before they
                                                                                                             Criteria for Evaluating FSIS Datasets                 are released to the public. One
                                                    and import sampling task data relating
                                                                                                             for Public Posting                                    commenter recommended that FSIS
                                                    to STEC, Salmonella, and residue
                                                    testing.                                                    Comment: Some commenters stated                    incorporate the user guides into the
                                                      The following is a summary of the                      that data released under the Plan could               same document containing the datasets
                                                    comments received and FSIS’s                             contain confidential information such as              to increase the likelihood that the public
                                                    responses.                                               Personally Identifiable Information (PII),            will consult the guides when reviewing
                                                                                                             or proprietary information such as trade              the data. Another commenter
                                                    Summary of Comments and Responses                        secrets. Other commenters suggested                   recommended that FSIS use consumer
                                                       FSIS received 19 comments in                          that the release of certain establishment-            test panels to evaluate whether readers
                                                    response to the January 2015 notice. The                 specific data to the public could                     understand the data. The same
                                                    comments were from trade groups                          incentivize foreign countries to erect                commenter also recommended that FSIS
                                                    representing the meat and poultry                        trade barriers against the United States              allow the industry to provide comments
                                                    industry, consumer groups, animal                        or individual companies. One                          along with the datasets to help give the
                                                    welfare groups, veterinary associations,                 commenter noted that the release of                   public some context in interpreting the
                                                    a corporation that produces meat and                     certain establishment-specific data                   data.
                                                    poultry products, and three private                      could expose establishments to                           Response: FSIS staff will thoroughly
                                                    citizens.                                                vulnerabilities in food defense. The                  evaluate every dataset to determine the
                                                                                                             commenter also stated that the                        potential for misinterpretation. If it is
                                                    National Research Council (NRC) Study                    publication of the establishment’s name,              highly likely that the public will
                                                      Comment: Several commenters stated                     address, and size, along with the types               misinterpret the released data, the
                                                    that the release of establishment-specific               of products produced, could direct                    Agency will evaluate the dataset to
                                                    data could damage the reputation of                      potential terrorists to more desirable                determine if additional explanatory or
                                                    product brands because consumers will                    targets.                                              contextual information would reduce
                                                    relate products to the specific                             Response: FSIS will thoroughly                     that likelihood. If additional
                                                    establishments producing those                           examine candidate datasets, using                     information will not reduce the
                                                    products. These commenters suggested                     multiple FSIS personnel, to ensure the                potential for misinterpretation, the
                                                    that the data released could create                      datasets do not contain PII, confidential             Agency will remove the dataset from
                                                    competitive disparity within the                         information or proprietary information.               consideration for release.
                                                    industry or cause harm to the U.S. food                  The Agency will not release data that                    In addition, the Plan provides a
                                                    industry. Because of this, according to                  contains confidential information,                    thorough list of context-providing
                                                    the commenters, the release of                           including PII, on either FSIS staff or                documentation that will be included in
                                                    establishment-specific data would be                     establishment employees.                              user guides with each dataset released,
                                                    akin to FSIS’s endorsing certain brands                     In addition, FSIS will consider                    including: (1) A dataset overview and
                                                    over others.                                             potential security risks associated with              explanation; (2) database-specific
                                                      One commenter agreed that some                         release of data based on the evolving                 dictionaries; (3) historical information
                                                    brands may develop an unwanted                           threat landscape. The release of                      on changes to sampling methods and
                                                    reputation based on data released to the                 establishment-specific demographic                    scheduling or collection to inform
                                                    public, but believed that this could                     data, such as the name, address, and                  changes to time-series; (4) the context in
                                                    actually benefit FSIS by weeding out                     type of product produced, does not pose               which the data was collected; (5)
                                                    bad actors.                                              a significant security risk to food                   sources of variability and specificity of
                                                      Other commenters stated that the Plan                  defense. Most of this information is                  methods used; (6) the dataset’s
                                                    will have a limited impact on brand                      already available to the public in the                relationship to other released datasets;
                                                    reputation because consumers do not                      Meat, Poultry, and Egg Product                        (7) data use limitations; and (8) links to
                                                    relate products to the specific                          Directory. The Agency continues to                    analyses conducting using the data to be
                                                    establishments producing those                           recommend that establishments                         released. FSIS will share these user
                                                    products.                                                voluntarily adopt and implement food                  guides with industry stakeholders prior
                                                      Response: While consumers could                        defense measures to mitigate potential                to the release of datasets to ensure the
                                                    relate brands to the specific                            vulnerabilities.                                      accuracy of the information; however,
                                                    establishments producing their                              Comment: Several commenters stated                 there is no plan at this time to include
                                                    products, FSIS will not endorse certain                  that the release of disaggregated,                    industry comments with the released
                                                    brands over others through sharing data.                 establishment-specific data may mislead               datasets.
                                                    FSIS maintains information on                            the public if there is a lack of context.                Comment: Some commenters stated
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                                                    establishments, not brand information.                   For example, the public may                           that the Plan did not articulate how the
                                                    When evaluating datasets for release,                    misconstrue the meaning and                           release of establishment-specific data
                                                    FSIS will thoroughly examine whether                     significance of NRs received by                       aligns with FSIS’s goals. Specifically,
                                                    releasing datasets could have an adverse                 establishments if the corrective actions,             these commenters requested that FSIS
                                                    impact on the industry, including                        enforcement actions, and appeals are                  articulate how each data release aligns
                                                    whether releasing the dataset would                      not also provided. These commenters                   with a public health objective.
                                                    create market disparity. However, the                    worried that misinterpretation of the                    Response: Every dataset released will
                                                    NRC Committee thought that one                           data could be harmful to the image of                 align with the primary mission of FSIS:


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                                                    45454                          Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Notices

                                                    To ensure that the Nation’s commercial                   Comminuted Chicken and Turkey                            Response: At this time, only data
                                                    supply of meat, poultry, and egg                         Products and Raw Chicken Parts . . .’’                collected since the implementation of
                                                    products is safe, wholesome, and                         that it will begin posting, based on FSIS             PHIS in 2012 will be considered for
                                                    correctly labeled and packaged. Because                  sampling results and depending on the                 release. The historical data from before
                                                    of its importance, for every dataset it                  standard for the particular product,                  the implementation of PHIS would be
                                                    considers for release, FSIS will                         whether an establishment meets the                    too burdensome for the Agency to
                                                    separately evaluate whether the data                     FSIS pathogen reduction performance                   release. FSIS will consider releasing
                                                    released will be used to benefit the                     standards, or what category an                        historical data from older data systems
                                                    public’s health and reduce foodborne                     establishment is in.                                  at a later date if Agency resources
                                                    illness.                                                    FSIS does not intend to resume the                 permit.
                                                       Comment: Some commenters                              publication of a monthly Residue
                                                    expressed concern about the potential                    Violator List that includes the name of               Data Release Procedures
                                                    cost for the Agency to implement the                     any producer with at least one residue                   Comment: One commenter asked that
                                                    Plan. One commenter stated that too                      violation in the previous 12-months.                  FSIS release data more frequently than
                                                    many FSIS resources would be                             The Agency stopped publishing the                     on a quarterly basis. The commenter
                                                    expended in implementing the Plan and                    monthly Residue Violator List in 2011                 stated that because PHIS collects data in
                                                    requested the inclusion of additional                    to prevent potential economic harm to                 real time, FSIS should be able to release
                                                    information about cost savings.                          producers with only one violation.                    data every month.
                                                       Response: The monetary and                            Instead, FSIS will continue to publish a                 Response: At this time, one new
                                                    personnel costs associated with                          weekly Residue Repeat Violator List,                  dataset from the Priority List is
                                                    implementing the Plan will be minimal.                   which identifies producers with                       scheduled to be released no more
                                                    Under the Plan, FSIS will consider both                  multiple residue violations within a 12-              frequently than on a quarterly basis.
                                                    the Agency’s personnel and monetary                      month period.8 FSIS notes that many                   This will provide the Agency sufficient
                                                    costs when determining which datasets                    first time violators do not go on to                  time to select and verify the accuracy of
                                                    to release. Accordingly, data that will                  become repeat violators within the                    the data, as well as release a sample data
                                                    create a heavy administrative burden                     designated 12-month period. In                        set and documentation through an FSIS
                                                    through excessive documentation or                       addition, repeat violators have an                    Constituent Update to interested
                                                    manual redaction will not be released.                   incentive to improve operations and                   stakeholders for review.
                                                    To further reduce the administrative                     prevent violative residues in order to                   Comment: Some commenters
                                                    costs, FSIS will develop an automated                    remove their names from the Repeat                    recommended that FSIS ‘‘blind’’ or
                                                    algorithm that will identify and collect                 Violator List.                                        aggregate the datasets. The blind or
                                                    datasets intended for release.                              Comment: A few commenters                          aggregated data would allow interested
                                                                                                             requested that FSIS release                           parties to see how industry and the
                                                    Prioritization for Data Release                          noncompliance records (NRs) filed by                  Agency are performing in various areas
                                                       Comment: Several commenters                           FSIS inspection personnel, subsequent                 without compromising individual
                                                    identified additional datasets that                      appeals, and their eventual resolutions.              companies and creating market
                                                    should be considered for release, such                      Several commenters requested that                  disparity.
                                                    as import inspection data, humane                        NRs not be released because consumers                    Response: As part of the review
                                                    handling task data, Food-Safety                          could easily misinterpret their                       process, FSIS will determine the most
                                                    Assessments (FSAs), codes for                            significance and regulatory meaning.                  appropriate level of aggregation for each
                                                    inspections tasks that were not                          Those same commenters argued that it                  dataset. FSIS will continue to release at
                                                    performed and whether establishments                     would waste FSIS resources to review                  a national level of aggregation datasets
                                                    participate in the new poultry                           and redact each NR before releasing the               that are currently so aggregated. For
                                                    inspection system.                                       data.                                                 other datasets, FSIS intends to assess
                                                       A few commenters requested the                           Response: FSIS does not intend to                  feedback from stakeholders and other
                                                    release of information on tissue residue                 release NRs as a stand-alone data set at              users of the data to determine if
                                                    violations in cull dairy cows. These                     this time. FSIS will consider releasing               additional levels of aggregation would
                                                    commenters stated that the information,                  the compliance status of individual                   be useful. Also, for each dataset planned
                                                    which was published on the Agency’s                      inspection tasks and regulations if FSIS              for initial release, FSIS plans to release
                                                    Web site until March 2011, is a valuable                 decides to release inspection task data               establishment-specific information,
                                                    resource for the dairy industry to target                in the future. Free-text fields will never            including the establishment’s name and
                                                    outreach efforts and reduce the                          be released because of the possible                   number.
                                                    probability that repeat violations will                  presence of PII and because manual
                                                                                                             redaction is costly. However, general                 Measurement of Effectiveness of Data
                                                    occur.
                                                       Response: After considering these                     information, such as whether or not an                Release
                                                    comments, FSIS has decided to add                        NR was recorded, the date the NR was                    Comment: One commenter stated that
                                                    import inspection data, FSAs, and                        issued, which regulations it cited,                   some of the metrics presented in the
                                                    inspection tasks that were not                           whether an appeal was filed, and                      draft Plan to measure effectiveness are
                                                    performed to the preliminary list of data                whether the appeal was granted, will be               too narrow to fully capture the ways in
                                                    sources to be considered for future                      considered for release.                               which the data is used. For instance,
                                                    release. Humane handling task data is                       Comment: One commenter                             according to the commenter, a metric for
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                                                    already on the preliminary list. FSA                     encouraged FSIS to release historical                 the number of presentations on related
                                                    data will be limited to exclude free-text                data from older data systems in addition              data by FSIS staff at professional
                                                    fields that may include PII or                           to the Public Health Information System               meetings does not account for
                                                    proprietary information.                                 (PHIS) data it currently plans to release.            presentations on other topics that use
                                                       FSIS announced in the 2016 Federal                                                                          the data as a portion of their
                                                                                                               8 The FSIS Repeat Residue Violator List can be
                                                    Register Notice titled ‘‘New                             downloaded at http://www.fsis.usda.gov/wps/
                                                                                                                                                                   presentations. Similarly, the commenter
                                                    Performance Standards for Salmonella                     portal/fsis/topics/data-collection-and-reports/       stated that a metric for the number of
                                                    and Campylobacter in Not-Ready-to-Eat                    chemistry/residue-chemistry.                          peer-reviewed reports generated using


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                                                                                   Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Notices                                                   45455

                                                    the establishment-specific data does not                   FSIS will also make copies of this                  by incoming NAs. They are asked to
                                                    include papers that use the data that are                Federal Register publication available                provide personal identifying data
                                                    not peer-reviewed.                                       through the FSIS Constituent Update,                  including home address, date and place
                                                       Another commenter recommended                         which is used to provide information                  of birth, employer name and address,
                                                    that FSIS reassess the Plan after one                    regarding FSIS policies, procedures,                  and basic security information. The data
                                                    year. If after one year FSIS determines                  regulations, Federal Register notices,                provided by the collection instruments
                                                    that the data release program is not                     FSIS public meetings, and other types of              is input into NAIS which automatically
                                                    achieving its intended goals, the Agency                 information that could affect or would                populates the appropriate forms, and is
                                                    should change the Plan.                                  be of interest to constituents and                    routed through the approval process.
                                                       Response: FSIS acknowledges that it                   stakeholders. The Update is                           NIST’s Office of Security receives
                                                    is impossible to anticipate every way in                 communicated via Listserv, a free                     security forms through the NAIS process
                                                    which the released establishment-                        electronic mail subscription service for              and is able to allow preliminary access
                                                    specific data will be used. The Plan,                    industry, trade groups, consumer                      to NIST for NAs. The data collected is
                                                    however, presents a framework of                         interest groups, health professionals,                the basis for further security
                                                    performance measures that will                           and other individuals who have asked                  investigations as necessary.
                                                    adequately inform future data releases.                  to be included. The Update is also                       Affected Public: Individuals or
                                                    This framework includes a combination                    available on the FSIS Web page. In                    households.
                                                    of the seven quantitative metrics listed,                addition, FSIS offers an electronic mail                 Frequency: Once.
                                                    along with qualitative measures, such as                 subscription service which provides                      Respondent’s Obligation: Required to
                                                    assessments of how data are interpreted                  automatic and customized access to                    obtain or retain benefits.
                                                    and used by stakeholders. FSIS will                      selected food safety news and                            This information collection request
                                                    regularly review these metrics and use                   information. This service is available at             may be viewed at reginfo.gov. Follow
                                                    them to guide future choices for data                    http://www.fsis.usda.gov/subscribe.                   the instructions to view Department of
                                                    release.                                                 Options range from recalls to export                  Commerce collections currently under
                                                    USDA Nondiscrimination Statement                         information to regulations, directives,               review by OMB.
                                                                                                             and notices. Customers can add or                        Written comments and
                                                       No agency, officer, or employee of the                delete subscriptions themselves, and                  recommendations for the proposed
                                                    USDA shall, on the grounds of race,                      have the option to password protect                   information collection should be sent
                                                    color, national origin, religion, sex,                   their accounts.                                       within 30 days of publication of this
                                                    gender identity, sexual orientation,                                                                           notice to OIRA_Submission@
                                                                                                               Done at Washington, DC, on July 11, 2016.
                                                    disability, age, marital status, family/                                                                       omb.eop.gov or fax to (202) 395–5806.
                                                    parental status, income derived from a                   Alfred V. Almanza,
                                                                                                             Acting Administrator.                                   Dated: July 8, 2016.
                                                    public assistance program, or political
                                                    beliefs, exclude from participation in,                  [FR Doc. 2016–16642 Filed 7–13–16; 8:45 am]           Glenna Mickelson,
                                                    deny the benefits of, or subject to                      BILLING CODE 3410–DM–P                                Management Analyst, Office of the Chief
                                                    discrimination any person in the United                                                                        Information Officer.
                                                    States under any program or activity                                                                           [FR Doc. 2016–16600 Filed 7–13–16; 8:45 am]
                                                    conducted by the USDA.                                   DEPARTMENT OF COMMERCE                                BILLING CODE 3510–13–P
                                                       To file a complaint of discrimination,
                                                    complete the USDA Program                                Submission for OMB Review;
                                                    Discrimination Complaint Form, which                     Comment Request                                       DEPARTMENT OF COMMERCE
                                                    may be accessed online at http://                          The Department of Commerce will                     International Trade Administration
                                                    www.ocio.usda.gov/sites/default/files/                   submit to the Office of Management and
                                                    docs/2012/Complain_combined_6_8_                         Budget (OMB) for clearance the                        [A–570–601]
                                                    12.pdf, or write a letter signed by you                  following proposal for collection of
                                                    or your authorized representative.                                                                             Tapered Roller Bearings and Parts
                                                                                                             information under the provisions of the
                                                       Send your completed complaint form                                                                          Thereof, Finished and Unfinished,
                                                                                                             Paperwork Reduction Act (44 U.S.C.
                                                    or letter to USDA by mail, fax, or email:                                                                      From the People’s Republic of China:
                                                                                                             chapter 35).
                                                    Mail                                                                                                           Preliminary Results, Partial Rescission
                                                                                                               Agency: National Institute of
                                                    U.S. Department of Agriculture Director,                                                                       of Antidumping Duty Administrative
                                                                                                             Standards and Technology (NIST).
                                                       Office of Adjudication, 1400                                                                                Review, and Preliminary Rescission of
                                                                                                               Title: NIST Associates Information
                                                       Independence Avenue SW.,                                                                                    New Shipper Review; 2014–2015
                                                                                                             System (NAIS).
                                                       Washington, DC 20250–9410.                              OMB Control Number: 0693–0067.                      AGENCY:  Enforcement and Compliance,
                                                    Fax                                                        Form Number(s): None.                               International Trade Administration,
                                                    (202) 690–7442                                             Type of Request: Regular submission                 Department of Commerce.
                                                    Email                                                    (extension).                                          SUMMARY: The Department of Commerce
                                                    program.intake@usda.gov                                    Number of Respondents: 4,000.                       (Department) is conducting an
                                                       Persons with disabilities who require                   Average Hours per Response: 30                      administrative review (AR) and a new
                                                    alternative means for communication                      minutes.                                              shipper review (NSR) of the
                                                                                                               Burden Hours: 2,000.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    (Braille, large print, audiotape, etc.)                                                                        antidumping duty order on tapered
                                                    should contact USDA’s TARGET Center                        Needs and Uses: NIST Associates                     roller bearings and parts thereof,
                                                    at (202)720–2600 (voice and TDD).                        (NA) will include guest researchers,                  finished and unfinished (TRBs), from
                                                                                                             research associates, contractors, and                 the People’s Republic of China (PRC).
                                                    Additional Public Notification                           other non-NIST employees that require                 The AR covers four 1 exporters, of which
                                                      FSIS will announce this notice online                  access to the NIST campuses or
                                                    through the FSIS Web page located at                     resources. The NIST Associates                          1 This figure does not include one exporter for
                                                    http://www.fsis.usda.gov/federal-                        Information System (NAIS) information                 which the Department is preliminarily rescinding
                                                    register.                                                collection instruments(s) are completed               the administrative review.



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Document Created: 2016-07-14 01:55:14
Document Modified: 2016-07-14 01:55:14
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; response to comments.
ContactDr. Daniel L. Engeljohn, Assistant Administrator, Office of Policy and Program Development; Telephone: (202) 205-0495.
FR Citation81 FR 45451 

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