81_FR_74487 81 FR 74280 - Inhumane Handling of Livestock in Connection With Slaughter by Persons Not Employed by the Official Establishment

81 FR 74280 - Inhumane Handling of Livestock in Connection With Slaughter by Persons Not Employed by the Official Establishment

DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service

Federal Register Volume 81, Issue 207 (October 26, 2016)

Page Range74280-74282
FR Document2016-24754

The Food Safety and Inspection Service (FSIS), is announcing its intent to hold livestock owners, transporters, haulers and other persons not employed by an official establishment responsible if they commit acts involving inhumane handling of livestock in connection with slaughter when on the premises of an official establishment. The Agency intends to initiate civil or criminal action, in appropriate circumstances, against individuals not employed by an official establishment, if these individuals handle livestock inhumanely in connection with slaughter when on the official premises. FSIS believes these actions will further improve the welfare of livestock handled in connection with slaughter by ensuring that all persons that inhumanely handle livestock in connection with slaughter are held accountable.

Federal Register, Volume 81 Issue 207 (Wednesday, October 26, 2016)
[Federal Register Volume 81, Number 207 (Wednesday, October 26, 2016)]
[Rules and Regulations]
[Pages 74280-74282]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24754]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Parts 313, 320, and 500

[Docket No. FSIS-2016-0004]


Inhumane Handling of Livestock in Connection With Slaughter by 
Persons Not Employed by the Official Establishment

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Final determination and opportunity for comments.

-----------------------------------------------------------------------

SUMMARY: The Food Safety and Inspection Service (FSIS), is announcing 
its intent to hold livestock owners, transporters, haulers and other 
persons not employed by an official establishment responsible if they 
commit acts involving inhumane handling of livestock in connection with 
slaughter when on the premises of an official establishment. The Agency 
intends to initiate civil or criminal action, in appropriate 
circumstances, against individuals not employed by an official 
establishment, if these individuals handle livestock inhumanely in 
connection with slaughter when on the official premises. FSIS believes 
these actions will further improve the welfare of livestock handled in 
connection with slaughter by ensuring that all persons that inhumanely 
handle livestock in connection with slaughter are held accountable.

DATES: Comments must be received by November 25, 2016. FSIS will 
implement the actions discussed in this document on January 24, 2017, 
unless FSIS receives comments that demonstrate a need to revise this 
date. FSIS will publish a Federal Register document affirming the 
implementation date.

ADDRESSES: FSIS invites interested persons to submit comments on this 
notice. Comments may be submitted by either of the following methods:
    Federal eRulemaking Portal: This Web site provides the ability to 
type short comments directly into the comment field on this Web page or 
attach a file for lengthier comments. Go to http://www.regulations.gov/
. Follow the on-line instructions at that site for submitting comments.
    Mail, including CD-ROMs, etc.: Send to Docket Room Manager, U.S. 
Department of Agriculture, Food Safety and Inspection Service, Patriots 
Plaza 3, 14000 Independence Avenue SW., Mailstop 3782, Room 8-163B, 
Washington, DC 20250-3700.
    Hand- or courier-delivered submittals: Deliver to Patriots Plaza 3, 
355 E. Street SW., Room 8-163B. Washington, DC 20250-3700.
    Instructions: All items submitted by mail or electronic mail must 
include the Agency name and docket number FSIS-2016-0004. Comments 
received in response to this docket will be made available for public 
inspection and posted without change, including any personal 
information, to http://www.regulations.gov.
    Docket: For access to background documents or to comments received, 
go to the FSIS Docket Room at Patriots Plaza 3, 355 E. Street SW., Room 
8-164, Washington, DC 20250-3700 between 8 a.m. and 4:30 p.m., Monday 
through Friday.

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

SUPPLEMENTARY INFORMATION:

Background

    FSIS administers the Federal Meat Inspection Act (FMIA) (21 U.S.C. 
601 et seq.), which establishes requirements for the premises, 
facilities, and operations of official establishments that slaughter 
livestock and prepare meat and meat products for human food to ensure 
both the safety of meat and the humane slaughter and handling of 
livestock. The FMIA provides that, for the purposes of preventing 
inhumane slaughter of livestock, the Secretary of Agriculture will 
assign inspectors to examine and inspect the methods by which livestock 
are slaughtered and handled in connection with slaughter in 
slaughtering establishments subject to inspection under the FMIA (21 
U.S.C. 603(b)). The Humane Methods of Slaughter Act (HMSA) (7 U.S.C. 
1901 et seq.) requires that the slaughter of livestock and the handling 
of livestock in connection with slaughter be carried out only by humane 
methods (7 U.S.C. 1901). Therefore, FSIS requires official 
establishments to humanely handle livestock that are on the official 
premises, on vehicles that are on the official premises, and on 
vehicles in queue for slaughter establishments. Once a vehicle carrying 
livestock enters, or is in line to enter, an official establishment's 
premises, the vehicle is considered to be part of that official 
establishment's premises (see FSIS Directive 6900.2).
    With respect to enforcement action at the establishment, the FMIA 
and implementing regulations provide that FSIS may suspend inspection 
services from an official establishment for inhumane slaughter or 
inhumane handling in connection with slaughter (21 U.S.C. 603(b); 9 CFR 
part 500). The FMIA (21 U.S.C. 610) provides that no person, 
establishment, or corporation shall slaughter or handle in connection 
with slaughter any livestock in any manner not in accordance with the 
HMSA (21 U.S.C. 610(b)). The FMIA also provides for the issuance of 
warning letters and for initiation of criminal and civil action for 
violations (21 U.S.C. 674 and 676).
    Livestock transporters or haulers transport animals to slaughter 
establishments. Many of these individuals are not employed by the 
establishment and thus are not required to follow instructions from the 
establishment on the handling of livestock in connection with 
slaughter.
    Unlike owners of Federal establishments, non-employees, such as 
livestock transporters, generally do not hold a grant of Federal 
inspection and therefore are not subject to FSIS administrative 
enforcement actions. When non-employee transporters inhumanely handle 
livestock on the premises of an official establishment, FSIS takes 
action against the establishment (see FSIS Directive 6900.2). For 
purposes of this document, livestock transporters, haulers, or other 
persons not employed by an official establishment that handle livestock 
in connection with slaughter are collectively referred to as ``non-
employee transporters'', or simply ``non-employees.''
    On January 21, 2015, FSIS received a petition from an attorney on 
behalf of an official swine slaughter establishment requesting that 
FSIS review its humane handling enforcement policy (available on the 
FSIS Web page at http://www.fsis.usda.gov/wps/wcm/connect/4d9160de-a7a1-4fd9-88ff-e3b24bf8d1e9/15-03-Non-Employee-Humane-Handling.pdf?MOD=AJPERES). The petition stated that official 
establishments should not be held accountable when non-employees 
inhumanely handle livestock on the official establishment premises. 
FSIS

[[Page 74281]]

has decided to grant the petition and is publishing this document to 
describe the actions that the Agency will take when non-employee 
transporters inhumanely handle livestock on the premises of an official 
establishment.

Non-Employee Violations

    FSIS intends to hold non-employees accountable for their actions if 
they inhumanely handle livestock in connection with slaughter when on 
the premises of an official establishment.
    When FSIS's Office of Field Operations (OFO) inspection program 
personnel (IPP) observe a non-employee inhumanely handling livestock in 
connection with slaughter, FSIS will instruct them to produce a written 
record of the event and forward the record to their District Office. 
The District Office will refer the record, when appropriate, to FSIS's 
Office of Investigation, Enforcement and Audit (OIEA) to conduct 
follow-up investigations and enforcement action. As discussed below, 
FSIS intends to update its livestock handling instructions to OFO and 
OIEA personnel to reflect the actions described in this document. These 
instructions will include a description of the type of information that 
IPP are to include in their written records of the event. In accordance 
with FSIS Directive 8010.5 Case Referral and Disposition, OIEA 
personnel will evaluate the case for determination of action, including 
warning letters for minor violations, civil action for repetitive 
violations, and criminal prosecution for egregious violations (21 
U.S.C. 674 and 676).
    The actions that FSIS is announcing in this document are intended 
to enhance the Agency's ability to ensure the humane handling of 
livestock in connection with slaughter and do not replace existing 
enforcement policies. FSIS will continue to use its administrative 
authority to take action against the establishment when establishment 
employees are found responsible for inhumane handling of livestock. 
FSIS will consider the involvement of non-employees in incidents of 
inhumane handling while on establishment premises to assess the 
appropriate administrative enforcement actions, if any, that the Agency 
will take against the establishment. The following examples illustrate 
how FSIS intends to implement this policy.
    If FSIS determines that a non-employee is solely responsible for a 
humane handling violation, FSIS will use its authority to initiate 
action solely against the non-employee and will not take administrative 
enforcement action against the establishment. For example, if OFO 
personnel observe a non-employee driving animals too fast and causing a 
few to slip and fall, and establishment employees are not involved in 
the event, FSIS will initiate action against the non-employee and will 
not take an administrative enforcement action against the 
establishment.
    If FSIS determines that a non-employee and an establishment 
employee both are engaged in a humane handling violation, FSIS will use 
its authority to initiate action against the non-employee and to take a 
regulatory control action or administrative enforcement action, as 
appropriate, against the establishment. For example, if OFO personnel 
observe a non-employee transporter and an establishment employee 
driving animals too fast, FSIS will initiate an action against the non-
employee and take a separate regulatory or administrative enforcement 
action against the establishment.
    OFO personnel will take a regulatory control action when it is 
necessary for FSIS to stop the inhumane treatment of livestock because 
the violation continues to injure, cause distress, or otherwise 
adversely affects livestock, or to immediately stop inhumane handling 
that is egregious, regardless of whether a non-employee or an 
establishment employee is responsible for the inhumane handling (9 CFR 
500.2(a)(4), 9 CFR 313.50). After taking a regulatory control action, 
OFO personnel will meet with establishment management and assess the 
event to determine whether a non-employee, an establishment employee, 
or both committed the humane handling violation. For example, if OFO 
personnel observe the excessive beating of livestock during unloading, 
FSIS personnel may apply a tag to the unloading chute to prevent 
further inhumane handling. FSIS personnel would meet with establishment 
management and make a determination as to whether the persons 
responsible for the inhumane handling were non-employees or were 
employed by the establishment. If a non-employee is found to be solely 
responsible for the inhumane handling violation, OFO personnel would 
not take regulatory or administrative enforcement actions against the 
establishment. OFO personnel would remove the tag after the 
establishment proffers preventive measures that ensure compliance with 
the appropriate provisions of 9 CFR part 313.
    If OFO personnel determine that a non-employee inhumanely handled 
livestock on the premises of an official slaughter establishment, FSIS 
expects that establishment management will provide, upon request, 
certain records that are required to be maintained under 9 CFR part 
320. These records include, among others, the name and address of the 
seller of the livestock, the method of shipment, the date of shipment, 
and the name and address of the carrier (9 CFR 320.1(b)(1)). If 
establishment management does not provide the information upon request, 
FSIS may obtain a subpoena to gain access to the non-employee 
information required under 9 CFR 320.1.

Implementation and Request for Comments

    FSIS requests comments on its decision to initiate enforcement 
actions against non-employees that inhumanely handle livestock in 
connection with slaughter while on the premises of an official 
establishment. FSIS will make changes to its implementation plans as 
necessary in response to the comments received. The Agency also will 
update its livestock handling instructions to OFO and OIEA personnel 
and its humane handling guidance materials to reflect the actions 
described in this document. FSIS will begin implementing the policy 
discussed in this action 90 days after its publication in the Federal 
Register, unless FSIS receives comments that demonstrate a need to 
revise this plan. The Agency will announce the availability of its 
updated humane handling guidance materials in a separate Federal 
Register notice. Additionally, FSIS will perform outreach to industry 
to educate slaughter establishments as well as animal transporters, 
haulers, and allied industries.

USDA Non-Discrimination Statement

    No agency, officer, or employee of the USDA shall, on the grounds 
of race, color, national origin, religion, sex, gender identity, sexual 
orientation, disability, age, marital status, family/parental status, 
income derived from a public assistance program, or political beliefs, 
exclude from participation in, deny the benefits of, or subject to 
discrimination any person in the United States under any program or 
activity conducted by the USDA.

How To File a Complaint of Discrimination

    To file a complaint of discrimination, complete the USDA Program 
Discrimination Complaint Form, which may be accessed online at http://www.ocio.usda.gov/sites/default/files/docs/2012/Complain_combined_6_8_12.pdf, or

[[Page 74282]]

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, 400 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

    Public awareness of all segments of rulemaking and policy 
development is important. Consequently, FSIS will announce this Federal 
Register publication on-line through the FSIS Web page located at: 
http://www.fsis.usda.gov/federal-register.
    FSIS 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.

    Dated: October 6, 2016.
Alfred V. Almanza,
Acting Administrator.
[FR Doc. 2016-24754 Filed 10-25-16; 8:45 am]
 BILLING CODE P



                                           74280            Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Rules and Regulations

                                           eligible for export from the United                      short comments directly into the                      premises, on vehicles that are on the
                                           States.                                                  comment field on this Web page or                     official premises, and on vehicles in
                                           *     *     *    *     *                                 attach a file for lengthier comments. Go              queue for slaughter establishments.
                                                                                                    to http://www.regulations.gov/. Follow                Once a vehicle carrying livestock enters,
                                             Done in Washington, DC, this 21st day of
                                           October 2016.                                            the on-line instructions at that site for             or is in line to enter, an official
                                                                                                    submitting comments.                                  establishment’s premises, the vehicle is
                                           Kevin Shea,
                                                                                                       Mail, including CD–ROMs, etc.: Send                considered to be part of that official
                                           Administrator, Animal and Plant Health                   to Docket Room Manager, U.S.                          establishment’s premises (see FSIS
                                           Inspection Service.
                                                                                                    Department of Agriculture, Food Safety                Directive 6900.2).
                                           [FR Doc. 2016–25860 Filed 10–25–16; 8:45 am]                                                                      With respect to enforcement action at
                                                                                                    and Inspection Service, Patriots Plaza 3,
                                           BILLING CODE 3410–34–P                                   14000 Independence Avenue SW.,                        the establishment, the FMIA and
                                                                                                    Mailstop 3782, Room 8–163B,                           implementing regulations provide that
                                                                                                    Washington, DC 20250–3700.                            FSIS may suspend inspection services
                                           DEPARTMENT OF AGRICULTURE                                   Hand- or courier-delivered submittals:             from an official establishment for
                                                                                                    Deliver to Patriots Plaza 3, 355 E. Street            inhumane slaughter or inhumane
                                           Food Safety and Inspection Service
                                                                                                    SW., Room 8–163B. Washington, DC                      handling in connection with slaughter
                                                                                                    20250–3700.                                           (21 U.S.C. 603(b); 9 CFR part 500). The
                                           9 CFR Parts 313, 320, and 500                                                                                  FMIA (21 U.S.C. 610) provides that no
                                                                                                       Instructions: All items submitted by
                                           [Docket No. FSIS–2016–0004]                              mail or electronic mail must include the              person, establishment, or corporation
                                                                                                    Agency name and docket number FSIS–                   shall slaughter or handle in connection
                                           Inhumane Handling of Livestock in                        2016–0004. Comments received in                       with slaughter any livestock in any
                                           Connection With Slaughter by Persons                     response to this docket will be made                  manner not in accordance with the
                                           Not Employed by the Official                             available for public inspection and                   HMSA (21 U.S.C. 610(b)). The FMIA
                                           Establishment                                            posted without change, including any                  also provides for the issuance of
                                           AGENCY:  Food Safety and Inspection                      personal information, to http://                      warning letters and for initiation of
                                           Service, USDA.                                           www.regulations.gov.                                  criminal and civil action for violations
                                                                                                       Docket: For access to background                   (21 U.S.C. 674 and 676).
                                           ACTION: Final determination and
                                                                                                    documents or to comments received, go                    Livestock transporters or haulers
                                           opportunity for comments.                                                                                      transport animals to slaughter
                                                                                                    to the FSIS Docket Room at Patriots
                                           SUMMARY:    The Food Safety and                          Plaza 3, 355 E. Street SW., Room 8–164,               establishments. Many of these
                                           Inspection Service (FSIS), is announcing                 Washington, DC 20250–3700 between 8                   individuals are not employed by the
                                           its intent to hold livestock owners,                     a.m. and 4:30 p.m., Monday through                    establishment and thus are not required
                                           transporters, haulers and other persons                  Friday.                                               to follow instructions from the
                                           not employed by an official                                                                                    establishment on the handling of
                                                                                                    FOR FURTHER INFORMATION CONTACT:                      livestock in connection with slaughter.
                                           establishment responsible if they                        Daniel L. Engeljohn, Ph.D., Assistant
                                           commit acts involving inhumane                                                                                    Unlike owners of Federal
                                                                                                    Administrator, Office of Policy and                   establishments, non-employees, such as
                                           handling of livestock in connection with                 Program Development, FSIS, USDA;
                                           slaughter when on the premises of an                                                                           livestock transporters, generally do not
                                                                                                    Telephone: (202) 205–0495.                            hold a grant of Federal inspection and
                                           official establishment. The Agency
                                                                                                    SUPPLEMENTARY INFORMATION:                            therefore are not subject to FSIS
                                           intends to initiate civil or criminal
                                                                                                                                                          administrative enforcement actions.
                                           action, in appropriate circumstances,                    Background
                                                                                                                                                          When non-employee transporters
                                           against individuals not employed by an                      FSIS administers the Federal Meat                  inhumanely handle livestock on the
                                           official establishment, if these                         Inspection Act (FMIA) (21 U.S.C. 601 et               premises of an official establishment,
                                           individuals handle livestock                             seq.), which establishes requirements                 FSIS takes action against the
                                           inhumanely in connection with                            for the premises, facilities, and                     establishment (see FSIS Directive
                                           slaughter when on the official premises.                 operations of official establishments that            6900.2). For purposes of this document,
                                           FSIS believes these actions will further                 slaughter livestock and prepare meat                  livestock transporters, haulers, or other
                                           improve the welfare of livestock                         and meat products for human food to                   persons not employed by an official
                                           handled in connection with slaughter by                  ensure both the safety of meat and the                establishment that handle livestock in
                                           ensuring that all persons that                           humane slaughter and handling of                      connection with slaughter are
                                           inhumanely handle livestock in                           livestock. The FMIA provides that, for                collectively referred to as ‘‘non-
                                           connection with slaughter are held                       the purposes of preventing inhumane                   employee transporters’’, or simply ‘‘non-
                                           accountable.                                             slaughter of livestock, the Secretary of              employees.’’
                                           DATES: Comments must be received by                      Agriculture will assign inspectors to                    On January 21, 2015, FSIS received a
                                           November 25, 2016. FSIS will                             examine and inspect the methods by                    petition from an attorney on behalf of an
                                           implement the actions discussed in this                  which livestock are slaughtered and                   official swine slaughter establishment
                                           document on January 24, 2017, unless                     handled in connection with slaughter in               requesting that FSIS review its humane
                                           FSIS receives comments that                              slaughtering establishments subject to                handling enforcement policy (available
                                           demonstrate a need to revise this date.                  inspection under the FMIA (21 U.S.C.                  on the FSIS Web page at http://
                                           FSIS will publish a Federal Register                     603(b)). The Humane Methods of                        www.fsis.usda.gov/wps/wcm/connect/
                                           document affirming the implementation                    Slaughter Act (HMSA) (7 U.S.C. 1901 et                4d9160de-a7a1-4fd9-88ff-e3b24bf8d1e9/
                                           date.                                                    seq.) requires that the slaughter of                  15-03-Non-Employee-Humane-
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                                           ADDRESSES: FSIS invites interested                       livestock and the handling of livestock               Handling.pdf?MOD=AJPERES). The
                                           persons to submit comments on this                       in connection with slaughter be carried               petition stated that official
                                           notice. Comments may be submitted by                     out only by humane methods (7 U.S.C.                  establishments should not be held
                                           either of the following methods:                         1901). Therefore, FSIS requires official              accountable when non-employees
                                              Federal eRulemaking Portal: This                      establishments to humanely handle                     inhumanely handle livestock on the
                                           Web site provides the ability to type                    livestock that are on the official                    official establishment premises. FSIS


                                      VerDate Sep<11>2014    15:02 Oct 25, 2016   Jkt 241001   PO 00000   Frm 00002   Fmt 4700   Sfmt 4700   E:\FR\FM\26OCR1.SGM   26OCR1


                                                            Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Rules and Regulations                                       74281

                                           has decided to grant the petition and is                 against the establishment. For example,               slaughter establishment, FSIS expects
                                           publishing this document to describe                     if OFO personnel observe a non-                       that establishment management will
                                           the actions that the Agency will take                    employee driving animals too fast and                 provide, upon request, certain records
                                           when non-employee transporters                           causing a few to slip and fall, and                   that are required to be maintained under
                                           inhumanely handle livestock on the                       establishment employees are not                       9 CFR part 320. These records include,
                                           premises of an official establishment.                   involved in the event, FSIS will initiate             among others, the name and address of
                                                                                                    action against the non-employee and                   the seller of the livestock, the method of
                                           Non-Employee Violations
                                                                                                    will not take an administrative                       shipment, the date of shipment, and the
                                              FSIS intends to hold non-employees                    enforcement action against the                        name and address of the carrier (9 CFR
                                           accountable for their actions if they                    establishment.                                        320.1(b)(1)). If establishment
                                           inhumanely handle livestock in                              If FSIS determines that a non-                     management does not provide the
                                           connection with slaughter when on the                    employee and an establishment                         information upon request, FSIS may
                                           premises of an official establishment.                   employee both are engaged in a humane                 obtain a subpoena to gain access to the
                                              When FSIS’s Office of Field                           handling violation, FSIS will use its                 non-employee information required
                                           Operations (OFO) inspection program                      authority to initiate action against the              under 9 CFR 320.1.
                                           personnel (IPP) observe a non-employee                   non-employee and to take a regulatory
                                           inhumanely handling livestock in                         control action or administrative                      Implementation and Request for
                                           connection with slaughter, FSIS will                     enforcement action, as appropriate,                   Comments
                                           instruct them to produce a written                       against the establishment. For example,                  FSIS requests comments on its
                                           record of the event and forward the                      if OFO personnel observe a non-                       decision to initiate enforcement actions
                                           record to their District Office. The                     employee transporter and an                           against non-employees that inhumanely
                                           District Office will refer the record,                   establishment employee driving animals                handle livestock in connection with
                                           when appropriate, to FSIS’s Office of                    too fast, FSIS will initiate an action                slaughter while on the premises of an
                                           Investigation, Enforcement and Audit                     against the non-employee and take a                   official establishment. FSIS will make
                                           (OIEA) to conduct follow-up                              separate regulatory or administrative                 changes to its implementation plans as
                                           investigations and enforcement action.                   enforcement action against the                        necessary in response to the comments
                                           As discussed below, FSIS intends to                      establishment.                                        received. The Agency also will update
                                           update its livestock handling                               OFO personnel will take a regulatory               its livestock handling instructions to
                                           instructions to OFO and OIEA                             control action when it is necessary for               OFO and OIEA personnel and its
                                           personnel to reflect the actions                         FSIS to stop the inhumane treatment of                humane handling guidance materials to
                                           described in this document. These                        livestock because the violation                       reflect the actions described in this
                                           instructions will include a description                  continues to injure, cause distress, or               document. FSIS will begin
                                           of the type of information that IPP are                  otherwise adversely affects livestock, or             implementing the policy discussed in
                                           to include in their written records of the               to immediately stop inhumane handling                 this action 90 days after its publication
                                           event. In accordance with FSIS                           that is egregious, regardless of whether              in the Federal Register, unless FSIS
                                           Directive 8010.5 Case Referral and                       a non-employee or an establishment                    receives comments that demonstrate a
                                           Disposition, OIEA personnel will                         employee is responsible for the                       need to revise this plan. The Agency
                                           evaluate the case for determination of                   inhumane handling (9 CFR 500.2(a)(4),                 will announce the availability of its
                                           action, including warning letters for                    9 CFR 313.50). After taking a regulatory              updated humane handling guidance
                                           minor violations, civil action for                       control action, OFO personnel will meet               materials in a separate Federal Register
                                           repetitive violations, and criminal                      with establishment management and                     notice. Additionally, FSIS will perform
                                           prosecution for egregious violations (21                 assess the event to determine whether a               outreach to industry to educate
                                           U.S.C. 674 and 676).                                     non-employee, an establishment                        slaughter establishments as well as
                                              The actions that FSIS is announcing                   employee, or both committed the                       animal transporters, haulers, and allied
                                           in this document are intended to                         humane handling violation. For                        industries.
                                           enhance the Agency’s ability to ensure                   example, if OFO personnel observe the
                                           the humane handling of livestock in                      excessive beating of livestock during                 USDA Non-Discrimination Statement
                                           connection with slaughter and do not                     unloading, FSIS personnel may apply a                   No agency, officer, or employee of the
                                           replace existing enforcement policies.                   tag to the unloading chute to prevent                 USDA shall, on the grounds of race,
                                           FSIS will continue to use its                            further inhumane handling. FSIS                       color, national origin, religion, sex,
                                           administrative authority to take action                  personnel would meet with                             gender identity, sexual orientation,
                                           against the establishment when                           establishment management and make a                   disability, age, marital status, family/
                                           establishment employees are found                        determination as to whether the persons               parental status, income derived from a
                                           responsible for inhumane handling of                     responsible for the inhumane handling                 public assistance program, or political
                                           livestock. FSIS will consider the                        were non-employees or were employed                   beliefs, exclude from participation in,
                                           involvement of non-employees in                          by the establishment. If a non-employee               deny the benefits of, or subject to
                                           incidents of inhumane handling while                     is found to be solely responsible for the             discrimination any person in the United
                                           on establishment premises to assess the                  inhumane handling violation, OFO                      States under any program or activity
                                           appropriate administrative enforcement                   personnel would not take regulatory or                conducted by the USDA.
                                           actions, if any, that the Agency will take               administrative enforcement actions
                                           against the establishment. The following                 against the establishment. OFO                        How To File a Complaint of
                                           examples illustrate how FSIS intends to                  personnel would remove the tag after                  Discrimination
                                           implement this policy.                                   the establishment proffers preventive                   To file a complaint of discrimination,
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                                              If FSIS determines that a non-                        measures that ensure compliance with                  complete the USDA Program
                                           employee is solely responsible for a                     the appropriate provisions of 9 CFR part              Discrimination Complaint Form, which
                                           humane handling violation, FSIS will                     313.                                                  may be accessed online at http://
                                           use its authority to initiate action solely                 If OFO personnel determine that a                  www.ocio.usda.gov/sites/default/files/
                                           against the non-employee and will not                    non-employee inhumanely handled                       docs/2012/
                                           take administrative enforcement action                   livestock on the premises of an official              Complain_combined_6_8_12.pdf, or


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                                           74282            Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Rules and Regulations

                                           write a letter signed by you or your                     DEPARTMENT OF TRANSPORTATION                          docket, including the name of the
                                           authorized representative.                                                                                     individual sending the comment (or
                                                                                                    Federal Aviation Administration                       signing the comment for an association,
                                              Send your completed complaint form
                                           or letter to USDA by mail, fax, or email:                                                                      business, labor union, etc.). DOT’s
                                                                                                    14 CFR Part 27                                        complete Privacy Act Statement can be
                                              Mail: U.S. Department of Agriculture,                                                                       found in the Federal Register published
                                                                                                    [Docket No. FAA–2016–9308; Special
                                           Director, Office of Adjudication, 400                                                                          on April 11, 2000 (65 FR 19477–19478),
                                                                                                    Conditions No. 27–040–SC]
                                           Independence Avenue SW.,                                                                                       as well as at http://DocketsInfo.dot.gov.
                                           Washington, DC 20250–9410, Fax: (202)                    Special Conditions: Airbus Helicopters                  Docket: Background documents or
                                           690–7442, Email:                                         Model EC120B Helicopters, Installation                comments received may be read at
                                           program.intake@usda.gov.                                 of HeliSAS Autopilot and Stabilization                http://www.regulations.gov. Follow the
                                              Persons with disabilities who require                 Augmentation System (AP/SAS)                          online instructions for accessing the
                                           alternative means for communication                                                                            docket or go to the Docket Operations in
                                                                                                    AGENCY:  Federal Aviation                             Room W12–140 of the West Building
                                           (Braille, large print, audiotape, etc.),                 Administration (FAA), DOT.
                                           should contact USDA’s TARGET Center                                                                            Ground Floor at 1200 New Jersey
                                                                                                    ACTION: Final special conditions; request             Avenue SE., Washington, DC, between 9
                                           at (202) 720–2600 (voice and TDD).                       for comments.                                         a.m., and 5 p.m., Monday through
                                           Additional Public Notification                           SUMMARY:   These special conditions are               Friday, except Federal holidays.
                                                                                                    issued for the modification of the Airbus             FOR FURTHER INFORMATION CONTACT: Gary
                                             Public awareness of all segments of
                                                                                                    Helicopters Model EC120B helicopter.                  Roach, Aviation Safety Engineer, FAA,
                                           rulemaking and policy development is
                                                                                                    This model helicopter will have a novel               Rotorcraft Directorate, Regulations and
                                           important. Consequently, FSIS will                                                                             Policy Group (ASW–111), 10101
                                                                                                    or unusual design feature after
                                           announce this Federal Register                                                                                 Hillwood Parkway, Fort Worth, Texas
                                                                                                    installation of the S–TEC Corporation
                                           publication on-line through the FSIS                                                                           76177; telephone (817) 222–4859;
                                                                                                    (S–TEC) HeliSAS helicopter autopilot/
                                           Web page located at: http://                             stabilization augmentation system (AP/                facsimile (817) 222–5961; or email to
                                           www.fsis.usda.gov/federal-register.                      SAS) that has potential failure                       Gary.Roach@faa.gov.
                                             FSIS will also make copies of this                     conditions with more severe adverse                   SUPPLEMENTARY INFORMATION:
                                           Federal Register publication available                   consequences than those envisioned by
                                           through the FSIS Constituent Update,                     the existing applicable airworthiness                 Reason for No Prior Notice and
                                                                                                    regulations. These special conditions                 Comment Before Adoption
                                           which is used to provide information
                                           regarding FSIS policies, procedures,                     contain the added safety standards the                   The FAA has determined that notice
                                           regulations, Federal Register notices,                   Administrator considers necessary to                  and opportunity for public comment are
                                           FSIS public meetings, and other types of                 ensure the failures and their effects are             unnecessary because the substance of
                                           information that could affect or would                   sufficiently analyzed and contained.                  these special conditions has been
                                           be of interest to constituents and                       DATES: The effective date of these                    subjected to the notice and comment
                                           stakeholders.                                            special conditions is October 26, 2016.               period previously and has been derived
                                                                                                    We must receive your comments on or                   without substantive change from those
                                             The Update is communicated via                                                                               previously issued. As it is unlikely that
                                                                                                    before December 12, 2016.
                                           Listserv, a free electronic mail                                                                               we will receive new comments, the FAA
                                                                                                    ADDRESSES: Send comments identified
                                           subscription service for industry, trade                                                                       finds that good cause exists for making
                                                                                                    by docket number [FAA–2016–9308]
                                           groups, consumer interest groups,                                                                              these special conditions effective upon
                                                                                                    using any of the following methods:
                                           health professionals, and other                             • Federal eRegulations Portal: Go to               issuance.
                                           individuals who have asked to be                         http://www.regulations.gov and follow
                                           included. The Update is also available                                                                         Comments Invited
                                                                                                    the online instructions for sending your
                                           on the FSIS Web page. In addition, FSIS                  comments electronically.                                 While we did not precede this with a
                                           offers an electronic mail subscription                      • Mail: Send comments to Docket                    notice of proposed special conditions,
                                           service which provides automatic and                     Operations, M–30, U.S. Department of                  we invite interested people to take part
                                           customized access to selected food                       Transportation (DOT), 1200 New Jersey                 in this action by sending written
                                           safety news and information. This                        Avenue SE., Room W12–140, West                        comments, data, or views. The most
                                           service is available at: http://                         Building Ground Floor, Washington, DC                 helpful comments reference a specific
                                           www.fsis.usda.gov/subscribe. Options                     20590–0001.                                           portion of the special conditions,
                                           range from recalls to export information                    • Hand Delivery of Courier: Deliver                explain the reason for any
                                           to regulations, directives, and notices.                 comments to the Docket Operations, in                 recommended change, and include
                                           Customers can add or delete                              Room W12–140 of the West Building                     supporting data.
                                           subscriptions themselves, and have the                   Ground Floor at 1200 New Jersey                          We will consider all comments we
                                                                                                    Avenue SE., Washington, DC between 9                  receive by the closing date for
                                           option to password protect their
                                                                                                    a.m., and 5 p.m., Monday through                      comments. We will consider comments
                                           accounts.
                                                                                                    Friday, except federal holidays.                      filed late if it is possible to do so
                                             Dated: October 6, 2016.                                   • Fax: Fax comments to Docket                      without incurring expense or delay. We
                                           Alfred V. Almanza,                                       Operations at 202–493–2251.                           may change these special conditions
                                           Acting Administrator.                                       Privacy: The FAA will post all                     based on the comments we receive.
                                           [FR Doc. 2016–24754 Filed 10–25–16; 8:45 am]             comments it receives, without change,                    If you want us to let you know we
Lhorne on DSK30JT082PROD with RULES




                                                                                                    to http://regulations.gov, including any              received your mailed comments on
                                           BILLING CODE P
                                                                                                    personal information the commenter                    these special conditions, send us a pre-
                                                                                                    provides. Using the search function of                addressed, stamped postcard on which
                                                                                                    the docket Web site, anyone can find                  the docket number appears. We will
                                                                                                    and read the electronic form of all                   stamp the date on the postcard and mail
                                                                                                    comments received into any FAA                        it back to you.


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Document Created: 2016-10-26 02:18:20
Document Modified: 2016-10-26 02:18:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal determination and opportunity for comments.
DatesComments must be received by November 25, 2016. FSIS will implement the actions discussed in this document on January 24, 2017, unless FSIS receives comments that demonstrate a need to revise this date. FSIS will publish a Federal Register document affirming the implementation date.
ContactDaniel L. Engeljohn, Ph.D., Assistant Administrator, Office of Policy and Program Development, FSIS, USDA; Telephone: (202) 205-0495.
FR Citation81 FR 74280 
CFR Citation9 CFR 313
9 CFR 320
9 CFR 500

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