82 FR 1310 - Notice of Request for a New Information Collection: State Meat and Poultry Inspection Programs

DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service

Federal Register Volume 82, Issue 3 (January 5, 2017)

In accordance with the Paperwork Reduction Act of 1995 and Office of Management and Budget (OMB) regulations, the Food Safety and Inspection Service (FSIS) is announcing its intention to collect information from federally-assisted State Meat and Poultry Inspection programs to ensure that their programs operate in a manner that is at least equal to FSIS's Federal inspection program in the protection of public interest; comply with requirements of Federal Civil Rights laws and regulations; meet necessary laboratory quality assurance standards and testing frequencies; and have the capability to perform microbiology and food chemistry methods that are ``at least equal to'' methods performed in the FSIS laboratories.

[Federal Register Volume 82, Number 3 (Thursday, January 5, 2017)]
[Notices]
[Pages 1310-1312]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31930]


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Notices
                                                Federal Register
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This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
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Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / 
Notices

[[Page 1310]]



DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

[Docket No. FSIS-2016-0033]


Notice of Request for a New Information Collection: State Meat 
and Poultry Inspection Programs

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 and 
Office of Management and Budget (OMB) regulations, the Food Safety and 
Inspection Service (FSIS) is announcing its intention to collect 
information from federally-assisted State Meat and Poultry Inspection 
programs to ensure that their programs operate in a manner that is at 
least equal to FSIS's Federal inspection program in the protection of 
public interest; comply with requirements of Federal Civil Rights laws 
and regulations; meet necessary laboratory quality assurance standards 
and testing frequencies; and have the capability to perform 
microbiology and food chemistry methods that are ``at least equal to'' 
methods performed in the FSIS laboratories.

DATES: Submit comments on or before March 6, 2017.

ADDRESSES: FSIS invites interested persons to submit comments on this 
information collection. Comments may be submitted by one 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 Clerk, U.S. 
Department of Agriculture, Food Safety and Inspection Service, Docket 
Clerk, Patriots Plaza 3, 1400 Independence Avenue SW., Mailstop 3782, 
Room 8-163A, Washington, DC 20250-3700.
     Hand- or courier-delivered submittals: Deliver to Patriots 
Plaza 3, 355 E Street SW., Room 8-163A, Washington, DC 20250-3700.
    Instructions: All items submitted by mail or electronic mail must 
include the Agency name and docket number FSIS-2016-0033. Comments 
received in response to this docket will be made available for public 
inspection and posted without change, including any personal 
information, to http://www.regulations.gov.
    Docket: For access to background documents or comments received, go 
to the FSIS Docket Room at Patriots Plaza 3, 355 E Street SW., Room 8-
164, Washington, DC 20250-3700 between 8:00 a.m. and 4:30 p.m., Monday 
through Friday.

FOR FURTHER INFORMATION CONTACT: Gina Kouba, Office of Policy and 
Program Development, Food Safety and Inspection Service, USDA, 1400 
Independence Avenue SW., Room 6065, South Building, Washington, DC 
20250-3700; (202) 720-5627.

SUPPLEMENTARY INFORMATION: 
    Title: State Meat and Poultry Inspection Programs.
    Type of Request: New information collection.
    Abstract: FSIS has statutory authority under the Federal Meat 
Inspection Act (FMIA) (21 U.S.C. 601, et seq.), and the Poultry 
Products Inspection Act (PPIA) (21 U.S.C. 451, et seq.), to set 
national standards for meat and poultry inspection (MPI). Section 
301(c) of the FMIA (21 U.S.C. 661(c)) and section 5(c) of the PPIA (21 
U.S.C. 454(c)) authorize the Secretary of Agriculture (Secretary) to 
designate a State as one in which the provisions of Titles I and IV of 
the FMIA and sections 1-4, 6-11, and 12-22 of the PPIA will apply to 
operations and transactions wholly within the State after the Secretary 
has determined that requirements at least ``equal to'' those imposed 
under the Acts have not been developed and effectively enforced by the 
State. Under a cooperative agreement with FSIS, states may operate 
their own MPI programs (i.e. meat, poultry, or both; egg products are 
excluded) provided they meet and enforce requirements ``at least equal 
to'' those imposed under the FMIA and PPIA. FSIS is responsible for 
certifying and monitoring that participating states meet the MPI 
program's ``at least equal to'' standard.
    Twenty-seven (27) states have MPI programs that operate under a 
cooperative agreement with FSIS and are subject to the comprehensive 
state review process. Comprehensive reviews of State MPI programs are 
conducted by an interdisciplinary team of FSIS Auditors from the Office 
of Investigation, Enforcement and Audit (OIEA), the Financial 
Management Division (FMD), the Civil Rights Staff (CRS), and the Office 
of Public Health Science Laboratory Quality Assurance Staff (LQAS). 
There are nine review components that make up the comprehensive state 
review process. The components are as follows: Component 1--Statutory 
Authority and Food Safety Regulations; Component 2--Inspection; 
Component 3--Sampling Programs; Component 4--Staffing, Training, and 
Supervision; Component 5--Humane Handling; Component 6--Compliance; 
Component 7--Laboratory Quality Assurance Program and Methods; 
Component 8--Civil Rights; and Component 9--Financial Accountability.
    For each of the first six (1-6) components, State MPI programs will 
submit annual self-assessment documentation to FSIS to demonstrate that 
the State MPI program is meeting the ``at least equal to'' Federal 
inspection requirements. Each component of the annual self-assessment 
will include a written narrative statement and documentation 
demonstrating that the program continuously meets the criteria to be 
``at least equal to'' the Federal inspection program. State MPI 
programs will also submit sufficient documentation to demonstrate that 
the program either follows current FSIS statutes, regulations, 
applicable FSIS Directives and Notices, and has implemented any changes 
necessary to maintain the ``at least equal to'' status or the State MPI 
program has an effective, analogous program that would also be ``at 
least equal to''. All State MPI programs will need to demonstrate they 
operate in a manner that protects the health and welfare of consumers 
by ensuring that the meat and poultry products distributed by the 
establishments in the

[[Page 1311]]

program are wholesome, not adulterated, and properly marked, labeled, 
and packaged.
    The annual self-assessment submission will also include one or more 
narratives describing the internal controls used by the State MPI 
program that: (1) Provide assurances and can measure the effectiveness 
of the program under the ``at least equal to'' criteria; (2) 
demonstrate how non-conformances will be addressed by corrective 
actions; and (3) demonstrate how the State MPI program will be 
maintained throughout the next 12 months.
    For Component 7 of the comprehensive State review process, States 
will submit documentation of their laboratory quality assurance 
programs and methods. States will document their laboratory quality 
assurance program activities on the FSIS Form 5720-14, State Meat and 
Poultry Inspection Program Laboratory Quality Management System 
Checklist. States will submit copies of new or revised laboratory 
analytical methods accompanied by a FSIS Form 5720-15, Laboratory 
Method Notification Form.
    For Component 8 of the comprehensive State review process, States 
will submit documentation of their Civil Rights compliance. States 
receive FSIS monies to operate their MPI programs, and as such, are 
subject to the nondiscrimination provisions of Title VI, Title IX, 
Section 504 of the Rehabilitation Act of 1973 and the Age 
Discrimination Act of 1975. In order to assess the 27 states' 
compliance with these provisions, FSIS plans to annually request 
information on the States' Civil Rights programs and controls in FSIS 
Form 1520.1--Civil Rights Compliance of State Inspection Programs. This 
form requests information regarding nine areas of Civil Rights 
compliance, which include: (1) Civil Rights Assurances; (2) State 
Infrastructure and Program Accountability; (3) Public Notification; (4) 
Racial and Ethnic Data Collection; (5) Civil Rights Complaints of 
Discrimination; (6) Civil Rights Training; (7) Disability Compliance, 
(8) Limited English Proficiency; and (9) Compliance with the Age 
Discrimination Act of 1975. The form allows States to: (1) Document 
management controls they have implemented and maintained with regard to 
these nine categories; and (2) document how their overall Civil Rights 
program constitutes a Civil Rights program ``at least equal to'' the 
FSIS Federal program.
    FSIS plans to request documentation from all components of the 
self-assessment and completion of these forms annually. Submission of 
the completed forms will be due by November 1 each year to the 
Coordinators from OIEA, FMD, CRS and LQAS. In each submission, states 
will respond to all questions and report on programs and activities 
implemented and maintained during the prior fiscal year (October 1 
through September 30).
    In addition to the annual self-assessment submission, State MPI 
programs will be subject to an on-site review at a minimum frequency of 
once every three years to verify the accuracy and implementation of the 
self-assessment submissions. In the year that a State MPI program is 
scheduled for an on-site review, FSIS will closely examine records from 
the State MPI program in order to make an annual determination that the 
program is or is not ``at least equal to'' the Federal inspection 
program.
    Additionally, FSIS Form 5720-15, Laboratory Method Notification 
Form shall be submitted whenever a State lab revises or adds a new 
method for MPI program testing. FSIS has made the following estimates 
on the basis of an information collection assessment.
    Estimate of Burden: FSIS estimates that it will take each 
respondent an average of 255 hours to complete the forms and 
narratives.
    Respondents: State MPI Directors, Program Managers, and/or Human 
Resources Officials
    Estimated No. of Respondents: 27 respondents.
    Estimated No. of Annual Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 6,887 hours.
    Copies of this information collection assessment can be obtained 
from Gina Kouba, Office of Policy and Program Development, Food Safety 
and Inspection Service, USDA, 1400 Independence SW., Room 6077, South 
Building, Washington, DC 20250, (202) 690-6510.
    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of FSIS's 
functions, including whether the information will have practical 
utility; (b) the accuracy of FSIS's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (c) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (d) ways 
to minimize the burden of the collection of information, including 
through the use of appropriate automated, electronic, mechanical, or 
other technological collection techniques, or other forms of 
information technology. Comments may be sent to both FSIS, at the 
addresses provided above, and the Desk Officer for Agriculture, Office 
of Information and Regulatory Affairs, Office of Management and Budget, 
Washington, DC 20253.
    Responses to this notice will be summarized and included in the 
request for OMB approval. All comments will also become a matter of 
public record.

Additional Public Notification

    Public awareness of all segments of rulemaking and policy 
development is important. Consequently, FSIS will announce this Federal 
Register publication on-line through the FSIS Web page located at: 
http://www.fsis.usda.gov/federal-register.
    FSIS also will make copies of this publication available through 
the FSIS Constituent Update, which is used to provide information 
regarding FSIS policies, procedures, regulations, Federal Register 
notices, FSIS public meetings, and other types of information that 
could affect or would be of interest to our constituents and 
stakeholders. The Update is available on the FSIS Web page. Through the 
Web page, FSIS is able to provide information to a much broader, more 
diverse audience. In addition, FSIS offers an email subscription 
service which provides automatic and customized access to selected food 
safety news and information. This service is available at: http://www.fsis.usda.gov/subscribe. Options range from recalls to export 
information, regulations, directives, and notices. Customers can add or 
delete subscriptions themselves, and have the option to password 
protect their accounts.

USDA Non-Discrimination Statement

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

How To File a Complaint of Discrimination

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

[[Page 1312]]

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).

    Done at Washington, DC on: December 29, 2016.
Alfred V. Almanza,
Acting Administrator.
[FR Doc. 2016-31930 Filed 1-4-17; 8:45 am]
 BILLING CODE 3410-DM-P