83 FR 36797 - Preparation of Uninspected Products Outside of the Hours of Inspectional Supervision

DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service

Federal Register Volume 83, Issue 147 (July 31, 2018)

Page Range		36797-36799
FR Document		2018-16339

FSIS is proposing to amend the Federal meat and poultry products inspection regulations to eliminate prescriptive requirements governing the manufacture of uninspected products, such as pet food, in edible product areas of official establishments and to allow official establishments to manufacture such products outside the hours of inspection.

Federal Register, Volume 83 Issue 147 (Tuesday, July 31, 2018)

[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)]
[Proposed Rules]
[Pages 36797-36799]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16339]


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

DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Parts 318 and 381

[Docket No. FSIS 2016-0032]
RIN 0583-AD66


Preparation of Uninspected Products Outside of the Hours of 
Inspectional Supervision

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: FSIS is proposing to amend the Federal meat and poultry 
products inspection regulations to eliminate prescriptive requirements 
governing the manufacture of uninspected products, such as pet food, in 
edible product areas of official establishments and to allow official 
establishments to manufacture such products outside the hours of 
inspection.

DATES: To receive full consideration, comments should be received by 
August 30, 2018.

ADDRESSES: FSIS invites interested persons to submit comments on this 
proposed rule. Comments may be submitted by one of the following 
methods:
     Federal eRulemaking Portal: This website 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, 1400 
Independence Avenue SW, Mailstop 3758, Room 6065, Washington, DC 20250-
3700.
     Hand- or courier-delivered submittals: Deliver to 1400 
Independence Avenue SW, Room 6065, Washington, DC 20250-3700.
    Instructions: All items submitted by mail or electronic mail must 
include the Agency name and docket number FSIS-2018-0005. 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, 
call (202) 720-5627 to schedule a time to visit the FSIS Docket Room at 
1400 Independence Avenue SW, Room 6065, Washington, DC 20250-3700.

FOR FURTHER INFORMATION CONTACT: Roberta Wagner, Assistant 
Administrator, Office of Policy and Program Development; Telephone: 
(202) 205-0495.

SUPPLEMENTARY INFORMATION: 

Background

    FSIS regulations at 9 CFR 318.12 and 381.152 govern the manufacture 
of pet food and other uninspected, inedible products in official meat 
and poultry establishments. These regulations set forth prescriptive 
requirements intended to prevent the creation of insanitary conditions 
in official establishments, the commingling of inedible and edible meat 
and poultry products, and the movement of inedible meat and poultry 
products into commerce as human food. They also require that pet food 
and other inedible products be manufactured in official establishments 
only when an FSIS inspector is on premises.
    These prescriptive requirements for the production of pet food and 
other inedible products (e.g., inedible rendered fats, lungs, lung 
lobes, and experimental products) are incompatible with the Hazard 
Analysis and Critical Control Point (HACCP) regulations at 9 CFR part 
417 and the related sanitation regulations at 9 CFR part 416. Under the 
HACCP regulations, establishments are responsible for developing and 
implementing HACCP plans incorporating the controls determined by the 
establishment to be necessary and appropriate to produce safe, 
unadulterated products. Specifically under HACCP, official 
establishments must determine the food safety hazards reasonably likely 
to occur in the production process; institute controls necessary to 
prevent those hazards from occurring or keeping them within acceptable 
limits; monitor the performance of controls and verify the HACCP system 
is working as intended; and maintain required HACCP records. HACCP is a 
flexible system that appropriately places the responsibility for food 
safety on establishments and enables them to tailor their control 
systems to the needs of specific processes and operating conditions.
    Similarly, the Sanitation Performance Standards (SPS) and 
requirements for Sanitation Standard Operating Procedures (SOPs) at 9 
CFR part 416 set forth sanitation objectives to be achieved, while 
allowing establishments to develop and employ innovative and effective 
sanitation procedures customized to the nature of their operations. 
Under the Sanitation SOP regulations, FSIS requires that all inspected 
establishments develop and implement written Sanitation SOPs to prevent 
direct contamination or adulteration of product before and during 
operations. An establishment's Sanitation SOP typically covers the 
scheduled, daily pre-operational and operational cleaning and 
sanitation of equipment and surfaces that may contact product directly. 
Under the SPS regulations, establishments must address all of the other 
aspects of establishment sanitation that can affect food safety, e.g., 
pest control, adequate ventilation, lighting, and plumbing systems.
    Under the HACCP and sanitation requirements, an establishment that 
produces both edible and inedible meat and poultry products must 
develop and implement the controls and procedures necessary to prevent 
the adulteration of edible products by insanitary conditions and 
product commingling, as well as the movement of inedible products into 
commerce as human food. FSIS inspectors verify the implementation and 
effectiveness of these controls through inspection, records review and, 
as necessary, product sampling. Thus, FSIS inspectors do not need to be 
present in an official establishment when it manufactures inedible 
products in order to verify that edible products are not adulterated as 
a result.

Proposed Changes

    FSIS is proposing to eliminate the prescriptive regulatory 
requirements at 9 CFR 318.12 and 381.152 governing the manufacture of 
uninspected, inedible products, such as pet food, and restricting the 
hours during which such products may be prepared in an official 
establishment. Specifically, these regulations set forth specific 
requirements regarding the sanitary handling of inedible products and 
their separation from edible products, as well as the placement, 
movement and cleaning of equipment in areas where inedible product is 
manufactured. They also require that the manufacture of uninspected, 
inedible products be conducted only during those hours in which the 
establishment operates under inspectional supervision. These 
regulations were issued before FSIS published its HACCP and Sanitation 
SOP regulations, when prescriptive regulatory requirements were deemed 
necessary to prevent the adulteration of meat and poultry products by 
the

[[Page 36798]]

preparation of inedible products in the same establishment.
    FSIS is proposing to replace the prescriptive requirements in 9 CFR 
318.12 and 381.152 with general standards governing the manufacture of 
uninspected, inedible products in official establishments. The proposed 
standards require that the manufacture of uninspected products in 
official establishments must not result in the adulteration of meat and 
poultry products, create insanitary conditions whereby meat and poultry 
products may be adulterated, or prevent or otherwise interfere with 
inspection or other program tasks performed by FSIS personnel. 
Establishments that manufacture pet food and other inedible products 
should be meeting these proposed standards already, through the 
implementation of their HACCP plans, Sanitation SOPs or other 
prerequisite programs.

Executive Order 12866 and the Regulatory Flexibility Act

    This proposed rule has been designated as a ``non-significant'' 
regulatory action under section 3(f) of Executive Order (E.O.) 12866. 
Accordingly, the proposed rule has not been reviewed by the Office of 
Management and Budget under E.O. 12866.

Economic Impact Analysis

    As stated above, the HACCP and the sanitation regulations provide a 
framework or food safety system for establishments to produce safe, 
unadulterated product. Compliance with these requirements makes the 
prescriptive requirements in 9 CFR 318.12 and 381.151 unnecessary. 
Because these prescriptive requirements are no longer necessary to 
ensure the production of safe, unadulterated food, removing them will 
have no negative public health impact. In addition, this rule will not 
impose costs on the industry or the Agency.
    Further, removing the unnecessary, prescriptive requirements should 
allow establishments additional flexibility to be innovative and to 
operate in the most efficient manner. Similarly, the rule should also 
allow FSIS to use its resources more appropriately by relieving 
inspectors of unnecessary tasks.

Regulatory Flexibility Act (RFA)

    FSIS has examined the economic implications of the proposed rule as 
required by the RFA (5 U.S.C 601-612). If a rule has a significant 
economic impact on a substantial number of small entities, the RFA 
requires that regulatory options that would lessen the economic effect 
of the rule on small entities be analyzed. FSIS has determined that, 
should it become final, the proposed rule would not have a significant 
impact on a substantial number of small entities.

Executive Order 13771

    This proposed rule, if finalized as proposed, is expected to be a 
deregulatory action under E.O. 13771. Assessment of the costs and cost 
savings may be found in the preceding economic analysis.

Paperwork Reduction Act

    There are no paperwork or recordkeeping requirements associated 
with this proposed rule under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501-3520).

E-Government Act

    FSIS and USDA are committed to achieving the purposes of the E-
Government Act (44 U.S.C. 3601, et seq.) by, among other things, 
promoting the use of the internet and other information technologies 
and providing increased opportunities for citizen access to Government 
information and services, and for other purposes.

Executive Order 12988, Civil Justice Reform

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. Under this rule: (1) All State and local laws and 
regulations that are inconsistent with this rule will be preempted; (2) 
no retroactive effect will be given to this rule; and (3) no 
administrative proceedings will be required before parties may file 
suit in court challenging this rule.

Executive Order 13175

    This rule has been reviewed in accordance with the requirements of 
Executive Order 13175, ``Consultation and Coordination with Indian 
Tribal Governments.'' E.O. 13175 requires Federal agencies to consult 
and coordinate with tribes on a government-to-government basis on 
policies that have tribal implications, including regulations, 
legislative comments or proposed legislation, and other policy 
statements or actions that have substantial direct effects on one or 
more Indian tribes, on the relationship between the Federal Government 
and Indian tribes or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.
    FSIS has assessed the impact of this rule on Indian tribes and 
determined that this rule does not, to our knowledge, have tribal 
implications that require tribal consultation under E.O. 13175. If a 
Tribe requests consultation, the Food Safety and Inspection Service 
will work with the Office of Tribal Relations to ensure meaningful 
consultation is provided where changes, additions and modifications 
identified herein are not expressly mandated by Congress.

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 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

    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

[[Page 36799]]

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.

List of Subjects

9 CFR Part 318

    Food additives, Food packaging, Laboratories, Meat inspection, 
Reporting and recordkeeping requirements, Signs and symbols.

9 CFR Part 381

    Administrative practice and procedure, Animal diseases, Crime, 
Exports, Food grades and standards, Food labeling, Food packaging, 
Government employees, Grant programs-agriculture, Intergovernmental 
relations, Laboratories, Meat inspection, Nutrition, Polychlorinated 
biphenyls, Poultry and poultry products, Reporting and recordkeeping 
requirements, Seizures and forfeitures, Signs and symbols, Technical 
Assistance, Transportation.

    For the reasons set forth in the preamble, FSIS is proposing to 
amend 9 CFR parts 318 and 381 as follows:

PART 318--ENTRY INTO OFFICIAL ESTABLISHMENTS; REINSPECTION AND 
PREPARATION OF PRODUCTS

0
1. The authority citation for part 318 continues to read as follows:

    Authority:  7 U.S.C. 138f, 450, 1901-1906; 21 U.S.C. 601-695; 7 
CFR 2.18, 2.53.

0
2. Section 318.12 is revised to read as follows:


Sec.  318.12  Manufacture of uninspected, inedible products at official 
establishments.

    (a) Official establishments may manufacture pet food or similar 
uninspected, inedible products in areas where edible products also are 
produced, provided that the manufacture of uninspected, inedible 
products does not:
    (1) Adulterate edible products;
    (2) Create insanitary conditions in the official establishment 
whereby edible products may be adulterated; or
    (3) Prevent or interfere with inspection or other program tasks 
performed by FSIS personnel in the official establishment.
    (b) Pet food and similar uninspected, inedible products must be 
distinguished from edible products so as to avoid their distribution as 
human food. Pet food or similar uninspected, inedible products must be 
labeled or otherwise identified in accordance with Sec.  325.11(d) of 
this subchapter.

PART 381--POULTRY PRODUCTS INSPECTIONS REGULATIONS

0
3. The authority citation for part 381 continues to read as follows:

    Authority:  7 U.S.C. 138f; 7 U.S.C. 450; 21 U.S.C. 451-470; 7 
CFR 2.18, 2.53.

0
4. Section 381.152 is revised to read as follows:


Sec.  381.152  Manufacture of uninspected, inedible products at 
official establishments.

    (a) Official establishments may manufacture pet food or similar 
uninspected, inedible products in areas where edible products also are 
produced, provided that the manufacture of uninspected, inedible 
products does not:
    (1) Adulterate edible products;
    (2) Create insanitary conditions in the official establishment 
whereby edible products may be adulterated; or
    (3) Prevent or interfere with inspection or other program tasks 
performed by FSIS personnel in the official establishment.
    (b) The immediate container of uninspected, inedible products 
manufactured in an official establishment shall be conspicuously 
labeled so as to distinguish them from human food.

    Done in Washington, DC.
Paul Kiecker,
Acting Administrator.
[FR Doc. 2018-16339 Filed 7-30-18; 8:45 am]
 BILLING CODE 3410-DM-P

Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules 36797

Done in Washington, DC. Docket: For access to background achieved, while allowing establishments
Paul Kiecker, documents or comments received, call to develop and employ innovative and
Acting Administrator. (202) 720–5627 to schedule a time to effective sanitation procedures
[FR Doc. 2018–16345 Filed 7–30–18; 8:45 am] visit the FSIS Docket Room at 1400 customized to the nature of their
BILLING CODE 3410–DM–P
Independence Avenue SW, Room 6065, operations. Under the Sanitation SOP
Washington, DC 20250–3700. regulations, FSIS requires that all
FOR FURTHER INFORMATION CONTACT: inspected establishments develop and
DEPARTMENT OF AGRICULTURE Roberta Wagner, Assistant implement written Sanitation SOPs to
Administrator, Office of Policy and prevent direct contamination or
Food Safety and Inspection Service Program Development; Telephone: (202) adulteration of product before and
205–0495. during operations. An establishment’s
9 CFR Parts 318 and 381 Sanitation SOP typically covers the
SUPPLEMENTARY INFORMATION:
scheduled, daily pre-operational and
[Docket No. FSIS 2016–0032]
Background operational cleaning and sanitation of
RIN 0583–AD66
FSIS regulations at 9 CFR 318.12 and equipment and surfaces that may
381.152 govern the manufacture of pet contact product directly. Under the SPS
Preparation of Uninspected Products regulations, establishments must
Outside of the Hours of Inspectional food and other uninspected, inedible
products in official meat and poultry address all of the other aspects of
Supervision establishment sanitation that can affect
establishments. These regulations set
AGENCY: Food Safety and Inspection forth prescriptive requirements food safety, e.g., pest control, adequate
Service, USDA. intended to prevent the creation of ventilation, lighting, and plumbing
systems.
ACTION: Proposed rule. insanitary conditions in official
Under the HACCP and sanitation
establishments, the commingling of
SUMMARY: FSIS is proposing to amend requirements, an establishment that
inedible and edible meat and poultry produces both edible and inedible meat
the Federal meat and poultry products products, and the movement of inedible
inspection regulations to eliminate and poultry products must develop and
meat and poultry products into implement the controls and procedures
prescriptive requirements governing the commerce as human food. They also
manufacture of uninspected products, necessary to prevent the adulteration of
require that pet food and other inedible edible products by insanitary conditions
such as pet food, in edible product areas products be manufactured in official
of official establishments and to allow and product commingling, as well as the
establishments only when an FSIS movement of inedible products into
official establishments to manufacture inspector is on premises.
such products outside the hours of commerce as human food. FSIS
These prescriptive requirements for inspectors verify the implementation
inspection. the production of pet food and other and effectiveness of these controls
DATES: To receive full consideration, inedible products (e.g., inedible through inspection, records review and,
comments should be received by August rendered fats, lungs, lung lobes, and as necessary, product sampling. Thus,
30, 2018. experimental products) are FSIS inspectors do not need to be
ADDRESSES: FSIS invites interested incompatible with the Hazard Analysis present in an official establishment
persons to submit comments on this and Critical Control Point (HACCP) when it manufactures inedible products
proposed rule. Comments may be regulations at 9 CFR part 417 and the in order to verify that edible products
submitted by one of the following related sanitation regulations at 9 CFR are not adulterated as a result.
methods: part 416. Under the HACCP regulations,
• Federal eRulemaking Portal: This establishments are responsible for Proposed Changes
website provides the ability to type developing and implementing HACCP FSIS is proposing to eliminate the
short comments directly into the plans incorporating the controls prescriptive regulatory requirements at
comment field on this web page or determined by the establishment to be 9 CFR 318.12 and 381.152 governing the
attach a file for lengthier comments. Go necessary and appropriate to produce manufacture of uninspected, inedible
to http://www.regulations.gov. Follow safe, unadulterated products. products, such as pet food, and
the on-line instructions at that site for Specifically under HACCP, official restricting the hours during which such
submitting comments. establishments must determine the food products may be prepared in an official
• Mail, including CD–ROMs, etc.: safety hazards reasonably likely to occur establishment. Specifically, these
Send to Docket Clerk, U.S. Department in the production process; institute regulations set forth specific
of Agriculture, Food Safety and controls necessary to prevent those requirements regarding the sanitary
Inspection Service, 1400 Independence hazards from occurring or keeping them handling of inedible products and their
Avenue SW, Mailstop 3758, Room 6065, within acceptable limits; monitor the separation from edible products, as well
Washington, DC 20250–3700. performance of controls and verify the as the placement, movement and
• Hand- or courier-delivered HACCP system is working as intended; cleaning of equipment in areas where
submittals: Deliver to 1400 and maintain required HACCP records. inedible product is manufactured. They
Independence Avenue SW, Room 6065, HACCP is a flexible system that also require that the manufacture of
Washington, DC 20250–3700. appropriately places the responsibility uninspected, inedible products be
Instructions: All items submitted by for food safety on establishments and conducted only during those hours in
daltland on DSKBBV9HB2PROD with PROPOSALS

mail or electronic mail must include the enables them to tailor their control which the establishment operates under
Agency name and docket number FSIS– systems to the needs of specific inspectional supervision. These
2018–0005. Comments received in processes and operating conditions. regulations were issued before FSIS
response to this docket will be made Similarly, the Sanitation Performance published its HACCP and Sanitation
available for public inspection and Standards (SPS) and requirements for SOP regulations, when prescriptive
posted without change, including any Sanitation Standard Operating regulatory requirements were deemed
personal information, to http:// Procedures (SOPs) at 9 CFR part 416 set necessary to prevent the adulteration of
www.regulations.gov. forth sanitation objectives to be meat and poultry products by the

VerDate Sep<11>2014 16:40 Jul 30, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\31JYP1.SGM 31JYP1

36798 Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules

preparation of inedible products in the regulatory options that would lessen the knowledge, have tribal implications that
same establishment. economic effect of the rule on small require tribal consultation under E.O.
FSIS is proposing to replace the entities be analyzed. FSIS has 13175. If a Tribe requests consultation,
prescriptive requirements in 9 CFR determined that, should it become final, the Food Safety and Inspection Service
318.12 and 381.152 with general the proposed rule would not have a will work with the Office of Tribal
standards governing the manufacture of significant impact on a substantial Relations to ensure meaningful
uninspected, inedible products in number of small entities. consultation is provided where changes,
official establishments. The proposed additions and modifications identified
standards require that the manufacture Executive Order 13771
herein are not expressly mandated by
of uninspected products in official This proposed rule, if finalized as Congress.
establishments must not result in the proposed, is expected to be a
adulteration of meat and poultry deregulatory action under E.O. 13771. USDA Non-Discrimination Statement
products, create insanitary conditions Assessment of the costs and cost savings No agency, officer, or employee of the
whereby meat and poultry products may may be found in the preceding USDA shall, on the grounds of race,
be adulterated, or prevent or otherwise economic analysis. color, national origin, religion, sex,
interfere with inspection or other gender identity, sexual orientation,
Paperwork Reduction Act
program tasks performed by FSIS disability, age, marital status, family/
personnel. Establishments that There are no paperwork or parental status, income derived from a
manufacture pet food and other inedible recordkeeping requirements associated public assistance program, or political
products should be meeting these with this proposed rule under the beliefs, exclude from participation in,
proposed standards already, through the Paperwork Reduction Act of 1995 (44 deny the benefits of, or subject to
implementation of their HACCP plans, U.S.C. 3501–3520). discrimination any person in the United
Sanitation SOPs or other prerequisite E-Government Act States under any program or activity
programs. conducted by the USDA.
FSIS and USDA are committed to
Executive Order 12866 and the achieving the purposes of the E- How To File a Complaint of
Regulatory Flexibility Act Government Act (44 U.S.C. 3601, et Discrimination
This proposed rule has been seq.) by, among other things, promoting To file a complaint of discrimination,
designated as a ‘‘non-significant’’ the use of the internet and other complete the USDA Program
regulatory action under section 3(f) of information technologies and providing Discrimination Complaint Form, which
Executive Order (E.O.) 12866. increased opportunities for citizen may be accessed online at http://
Accordingly, the proposed rule has not access to Government information and www.ocio.usda.gov/sites/default/files/
been reviewed by the Office of services, and for other purposes. docs/2012/Complain_combined_6_8_
Management and Budget under E.O. Executive Order 12988, Civil Justice 12.pdf, or write a letter signed by you
12866. Reform or your authorized representative.
Send your completed complaint form
Economic Impact Analysis This proposed rule has been reviewed or letter to USDA by mail, fax, or email:
As stated above, the HACCP and the under Executive Order 12988, Civil Mail: U.S. Department of Agriculture,
sanitation regulations provide a Justice Reform. Under this rule: (1) All Director, Office of Adjudication, 1400
framework or food safety system for State and local laws and regulations that Independence Avenue SW, Washington,
establishments to produce safe, are inconsistent with this rule will be DC 20250–9410; Fax: (202) 690–7442;
unadulterated product. Compliance preempted; (2) no retroactive effect will Email: program.intake@usda.gov.
with these requirements makes the be given to this rule; and (3) no Persons with disabilities who require
prescriptive requirements in 9 CFR administrative proceedings will be alternative means for communication
318.12 and 381.151 unnecessary. required before parties may file suit in (Braille, large print, audiotape, etc.),
Because these prescriptive requirements court challenging this rule. should contact USDA’s TARGET Center
are no longer necessary to ensure the Executive Order 13175 at (202) 720–2600 (voice and TDD).
production of safe, unadulterated food,
This rule has been reviewed in Additional Public Notification
removing them will have no negative
public health impact. In addition, this accordance with the requirements of Public awareness of all segments of
rule will not impose costs on the Executive Order 13175, ‘‘Consultation rulemaking and policy development is
industry or the Agency. and Coordination with Indian Tribal important. Consequently, FSIS will
Further, removing the unnecessary, Governments.’’ E.O. 13175 requires announce this Federal Register
prescriptive requirements should allow Federal agencies to consult and publication on-line through the FSIS
establishments additional flexibility to coordinate with tribes on a government- web page located at: http://
be innovative and to operate in the most to-government basis on policies that www.fsis.usda.gov/federal-register.
efficient manner. Similarly, the rule have tribal implications, including FSIS also will make copies of this
should also allow FSIS to use its regulations, legislative comments or publication available through the FSIS
resources more appropriately by proposed legislation, and other policy Constituent Update, which is used to
relieving inspectors of unnecessary statements or actions that have provide information regarding FSIS
tasks. substantial direct effects on one or more policies, procedures, regulations,
daltland on DSKBBV9HB2PROD with PROPOSALS

Indian tribes, on the relationship Federal Register notices, FSIS public
Regulatory Flexibility Act (RFA) between the Federal Government and meetings, and other types of information
FSIS has examined the economic Indian tribes or on the distribution of that could affect or would be of interest
implications of the proposed rule as power and responsibilities between the to our constituents and stakeholders.
required by the RFA (5 U.S.C 601–612). Federal Government and Indian tribes. The Update is available on the FSIS web
If a rule has a significant economic FSIS has assessed the impact of this page. Through the web page, FSIS is
impact on a substantial number of small rule on Indian tribes and determined able to provide information to a much
entities, the RFA requires that that this rule does not, to our broader, more diverse audience. In

VerDate Sep<11>2014 16:40 Jul 30, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\31JYP1.SGM 31JYP1

Document Created: 2018-11-06 10:29:24
Document Modified: 2018-11-06 10:29:24

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule.
Dates		To receive full consideration, comments should be received by August 30, 2018.
Contact		Roberta Wagner, Assistant Administrator, Office of Policy and Program Development; Telephone: (202) 205-0495.
FR Citation		83 FR 36797
RIN Number		0583-AD66
CFR Citation		9 CFR 318 9 CFR 381
CFR Associated		Food Additives; Food Packaging; Laboratories; Meat Inspection; Reporting and Recordkeeping Requirements; Signs and Symbols; Administrative Practice and Procedure; Animal Diseases; Crime; Exports; Food Grades and Standards; Food Labeling; Government Employees; Grant Programs-Agriculture; Intergovernmental Relations; Nutrition; Polychlorinated Biphenyls; Poultry and Poultry Products; Seizures and Forfeitures; Technical Assistance and Transportation

83 FR 36797 - Preparation of Uninspected Products Outside of the Hours of Inspectional Supervision

DEPARTMENT OF AGRICULTUREFood Safety and Inspection Service

Federal Register Volume 83, Issue 147 (July 31, 2018)

DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service