12122 Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Proposed Rules 

§ 800.71 [Amended] 

■ 2. Amend § 800.71 by: 

■ a. Revising paragraph (a)(2); 

■ b. Revising the introductory text in 

paragraph (b); 

■ c. Revising the first sentence in 

paragraph (b)(1); 

■ d. Redesignating paragraph (b)(2) as 

paragraph (b)(3); 

■ e. Adding new paragraph (b)(2); and 

■ f. Revising paragraph (d). 

The revisions and addition read as 

follows: 

§ 800.71 Fees assessed by the Service. 

(a) * * * 

(2) Schedule B—Fees for FGIS 

Supervision of Official Inspection and 

Weighing Services Performed by 

Delegated States and/or Designated 

Agencies in the United States. The 

supervision fee charged by the Service 

will be assessed per metric ton of 

domestic U.S. grain shipments 

inspected and/or weighed, including 

land carrier shipments to Canada and 

Mexico. For each calendar year, FGIS 

will calculate Schedule B fees as 

defined in paragraph (b) of this section. 

FGIS will publish a notice in the 

Federal Register and post Schedule B 

fees on the Agency’s public website. 

(b) Annual review of fees. For each 

calendar year, starting with 2021, the 

Service will review the fees of this 

section and publish fees each year 

according to the following: 

(1) Tonnage fees. Tonnage fees in 

Schedule A in paragraph (a)(1) of this 

section will consist of the national 

tonnage fee and local tonnage fees and 

will be calculated and rounded to the 

nearest $0.001 per metric ton. * * * 

* * * * * 

(2) Supervision fee. Supervision fee in 

Schedule B in paragraph (a)(2) of this 

section will be set according to the 

following: 

(i) Operating reserve adjustment. The 

operating reserve adjustment is the 

supervision program costs for the 

previous fiscal year divided by 2 less 

the end of previous fiscal year operating 

reserve balance. 

(ii) Supervision tonnage fee. The 

supervision tonnage fee is the sum of 

the prior fiscal year program costs plus 

operating reserve adjustment divided by 

the average yearly tons of domestic U.S. 

grain shipments inspected and/or 

weighed, including land carrier 

shipments to Canada and Mexico during 

the previous 5 fiscal years. If the 

calculated value is zero or a negative 

value, the collection of supervision 

tonnage fees will be suspended for one 

calendar year. 

* * * * * 

(d) Miscellaneous fees for other 

services. For each calendar year, the 

Service will review the fees of this 

section and publish fees in the Federal 

Register and on the AMS website. 

(1) Registration certificates and 

renewals. The fee for registration 

certificates and renewals will be 

published annually in the Federal 

Register and on the Agency’s public 

website, and will be based upon the 

noncontract hourly rate multiplied by 

five. If you operate a business that buys, 

handles, weighs, transports grain for 

sale in foreign commerce, or you are 

also in a control relationship (see 

definition in section 17A(b)(2) of the 

Act) with respect to a business that 

buys, handles, weighs, or transports 

grain for sale in interstate commerce, 

you must complete an application and 

pay the published fee. 

(2) Designation amendments. The fee 

for amending designations will be 

published annually in the Federal 

Register and on the Agency’s public 

website. The fee will be based upon the 

cost of publication plus one hour at the 

noncontract hourly rate. If you submit 

an application to amend a designation, 

you must pay the published fee. 

Bruce Summers, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2021–03537 Filed 3–1–21; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

9 CFR Parts 307, 350, 352, 354, 362, 

381, 533, 590, and 592 

[Docket No. FSIS–2020–0019] 

RIN 0583–AD86 

Internet Access at Official 

Establishments and Plants 

AGENCY: Food Safety and Inspection 

Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: The Food Safety and 

Inspection Service (FSIS) is proposing 

to amend its regulations to require 

official meat and poultry establishments 

and egg products plants and businesses 

receiving voluntary inspection services 

from FSIS that have an internet 

connection to provide FSIS access to it 

for the purposes of conducting and 

recording inspection verification 

activities. FSIS views internet service as 

a necessary utility, like lighting, heating, 

and laundry services, that should be 

provided by establishments as a 

regulatory condition of receiving 

inspection. Under this proposal, FSIS 

would not require establishments 

without internet access to purchase it or 

to upgrade the internet services they 

have, if inadequate for FSIS use. 

DATES: Submit comments on or before 

May 3, 2021. 

ADDRESSES: FSIS invites interested 

persons to submit comments on the 

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, 

Washington, DC 20250–3700. 

• Hand- or courier-delivered 

submittals: Deliver to 1400 

Independence Avenue SW, Jamie L. 

Whitten Building, Room 350–E, 

Washington, DC 20250–3700. 

Instructions: All items submitted by 

mail or electronic mail must include the 

Agency name and docket number FSIS– 

2020–0019. 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, Washington, 

DC 20250–3700. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Edelstein, Assistant 

Administrator, Office of Policy and 

Program Development; Telephone: (202) 

720–0399. 

SUPPLEMENTARY INFORMATION: 

Background 

FSIS has been delegated the authority 

to exercise the functions of the Secretary 

(7 CFR 2.18, 2.53) as specified in the 

Federal Meat Inspection Act (FMIA) (21 

U.S.C. 601, et seq.), the Poultry Products 

Inspection Act (PPIA) (21 U.S.C. 451, et 

seq.) and the Egg Products Inspection 

Act (EPIA) (21 U.S.C. 1031, et seq.). 

These statutes mandate that FSIS 

protect the public by verifying that 

meat, poultry, and egg products are safe, 

wholesome, unadulterated, and 

properly labeled and packaged. In 


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Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Proposed Rules 12123 

addition to mandatory inspection, the 

Agricultural Marketing Act (AMA), 7 

U.S.C. 1622, 1624, provides for 

inspection services to accommodate 

business needs, such as obtaining 

certifications necessary to meet 

requirements of importing countries or 

the inspection of nonamenable products 

(voluntary reimbursable services). This 

includes the voluntary service activities 

related to export certification (9 CFR 

part 350), voluntary inspection of exotic 

animals (e.g., antelope, bison) (9 CFR 

part 352), voluntary inspection of 

rabbits (9 CFR part 354), voluntary 

poultry inspection (9 CFR part 362), and 

the voluntary inspection of egg products 

(9 CFR part 592). 

FSIS inspection program personnel 

(IPP) need to have efficient internet 

access to receive their scheduled 

inspection tasks and to record the 

results of the inspection tasks in the 

FSIS Public Health Information System 

(PHIS). PHIS is a web-based software 

application that integrates and 

streamlines all scheduling, assigning, 

tracking, and documentation for mission 

required FSIS food safety functions such 

as import management, export 

management, domestic production 

inspections, and risk analysis. FSIS 

employees, representatives of countries 

with whom the United States maintains 

an import and export relationship, and 

meat, poultry, and egg products 

establishments, which are subject to 

inspection, may all use PHIS. PHIS 

replaced several legacy client-server 

applications, multiple automated paper, 

and email-based processes. 

For example, PHIS: 

• Contains the establishment profile 

data for both official and non-official 

establishments that is used not only by 

IPP to perform their verification 

activities but also by other FSIS program 

areas to schedule laboratory sampling, 

inform policy decisions, and allocate 

resources. 

• Contains slaughter totals and 

animal disposition information for 

amenable and exotic species, as entered 

by IPP. This data is used by FSIS and 

other USDA agencies (e.g., the Animal 

and Plant Health Inspection Service) to 

inform policy decisions, track emerging 

disease trends, and allocate resources. 

• Contains inspection results and 

provides IPP the ability to issue noncompliance records to address 

regulatory violations at official and nonofficial establishments. 

• Allows IPP to request sampling 

supplies and receive laboratory sample 

results. 

• Provides for IPP review and 

approval of electronic import 

applications in the PHIS import 

management component, as well as 

electronic export applications for 

shipments destined to countries 

included in the PHIS export component. 

The regulations at 9 CFR 307.1, 

381.36(a), and 533.3 require official 

meat, poultry, and Siluriformes fish 

establishments to provide FSIS IPP with 

office space, including necessary 

furnishings, light, heat, and janitor 

services, rent free, for their exclusive 

use for official purposes. These 

regulations state that, at the discretion 

of the Administrator, small 

establishments requiring less than one 

full-time inspector need not furnish 

such facilities. The regulations at 

590.136(a) similarly state that egg 

products plants will furnish office 

space, including furnishings, light, heat, 

and janitor service, without cost, for the 

use of IPP for official purposes. These 

regulations also provide that, at the 

discretion of the Administrator, small 

plants requiring the services of less than 

one full-time inspector need not furnish 

such accommodations. 

The United States bears the cost of 

providing mandatory inspection 

services to official establishments (21 

U.S.C. 468, 695, 1053(a)), while 

establishments and other facilities 

receiving voluntary inspection services 

must pay for such services. FSIS 

regulations governing the voluntary 

inspection of rabbits and egg products 

(e.g., inspection of the processing in 

official plants of products containing 

eggs, sampling of products and quantity 

and condition inspection of products) 

require that facilities purchasing such 

inspection services provide office space 

and utilities for use by IPP. Specifically, 

the regulations at 9 CFR 354.221(g) 

require facilities receiving voluntary 

rabbit inspection to provide IPP with 

office space, including, but not limited 

to, light, heat, and janitor services, 

without cost to the Agency. And, the 

regulations at 9 CFR 592.95(b)require 

facilities receiving voluntary inspection 

of egg products to provide IPP with 

acceptable furnished office space and 

equipment, including, but not limited 

to, a desk, lockers, or cabinets. 

Establishments and other facilities 

that purchase other types of voluntary 

services under 9 CFR 350.7(a), 352.5(a), 

362.5(a), including identification 

services, certification services, and 

voluntary inspection services may be 

charged to cover the cost of ‘‘other 

expenses’’ incurred by the Agency in 

connection with the furnishing of 

inspection. FSIS considers internet 

access to be an expense necessary for 

the provision of these voluntary 

inspection services. 

As such, because internet access is a 

utility or expense necessary for the 

provision of both mandatory and 

voluntary inspection services, FSIS is 

proposing to require that establishments 

receiving mandatory inspection or 

purchasing voluntary inspection 

services provide internet access to IPP, 

as a condition of receiving inspection, 

provided the establishment already has 

internet service adequate for FSIS 

needs. Again, FSIS would not require 

establishments or facilities without 

internet access to purchase it or to 

upgrade the internet services they have, 

if inadequate for FSIS use. 

Proposed Rule 

FSIS is proposing to amend sections 

9 CFR 307.1, 350.7(d), 352.5(d), 

354.221(g), 362.5(d), 381.36(a), 533.3, 

590.136(a), and 592.95(b) to require 

official meat, poultry, Siluriformes fish 

establishments and egg products plants, 

as well as facilities receiving voluntary 

services, including identification 

services, export certification, and 

voluntary exotic animal and poultry 

inspection, that have internet services, 

to provide FSIS IPP with internet access 

for the purposes of conducting and 

recording inspection verification 

activities. Consistent with the 

regulations providing that small 

establishments requiring less than one 

full-time inspector need not furnish 

FSIS with office space, lighting, heat, 

janitor services, and lockers, under this 

proposal, FSIS would not require 

establishments or facilities without 

internet access to purchase it or to 

upgrade the internet services they have, 

if inadequate for FSIS use. 

In addition, FSIS is proposing to 

update 9 CFR 307.1 and 381.36(a) to 

change the title of the FSIS approving 

officials to Frontline Supervisors 

because FSIS no longer uses the title 

Circuit Supervisors. FSIS also proposes 

to change the use of the word ‘‘shall’’ to 

‘‘must’’ in 9 CFR 307.1 and 381.36(a). 

Executive Orders 12866 and 13563, 

12988, and the Regulatory Flexibility 

Act 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This proposed rule has been 


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12124 Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Proposed Rules 

1This is the average cost calculated using the 

FSIS Office of Chief Information Officer estimates 

of annual expenditures on internet services: 

$6,272,000 in 2017, $6,755,000 in 2018, and 

$6,755,000 in 2019. 

2The count of establishments, rounded to the 

nearest hundred, with email addresses was 

compiled from the Office of Public Affairs and 

Consumer Education on 5/15/2020. The count of 

active establishments includes approximately 1,100 

eligible importer/exporter establishments and 

approximately 2,000 establishments that have 

voluntary inspection eligibility. Data was 

downloaded from the FSIS Public Health 

Information System on 8/14/2020. 

designated as a ‘‘non-significant’’ 

regulatory action under section 3(f) of 

E.O. 12866. Accordingly, the rule has 

not been reviewed by the Office of 

Management and Budget (OMB) under 

E.O. 12866. 

If this rule is finalized, FSIS does not 

expect any additional industry or 

Agency costs, because FSIS would not 

require establishments without internet 

access to purchase the services or to 

upgrade services that are not adequate 

for FSIS’s use. FSIS would have cost 

savings by reducing the costs of 

providing internet access to FSIS IPP at 

establishments. 

Expected Benefits of the Proposed Rule 

Internet connectivity benefits 

establishments and FSIS by facilitating 

FSIS verification activities. Internet 

access lets FSIS IPP more efficiently 

transmit or receive critical information 

(e.g., receiving information on test 

results, submitting data on 

establishment operations, updating 

establishment profile information, and 

facilitating global trade). 

FSIS would benefit through reduced 

payments for internet connection. FSIS 

spends on average $6.6 million 1

annually providing IPP with various 

forms of internet connection, such as 

direct or wireless local area network 

(LAN), and wireless solutions at 

approximately 1,500 establishments as 

well as additional mobile wireless 

solutions for IPP on patrol assignments. 

Of the approximate 6,500 active 

establishments, FSIS estimates that 

approximately 6,000 to 6,300 

establishments have email addresses,2

which we assume means that these 

establishments have internet 

connection. The Agency is seeking 

comment on the level of internet 

connectivity at establishments that 

currently maintain internet services. If 

the Agency is able to use internet 

provided by these establishments, it 

would result in an upper bound savings 

of $6.6 million annualized at the 7 

percent discount rate over ten years. 

Expected Costs of the Proposed Rule 

FSIS expects any cost associated with 

this proposed rule to be de minimis. 

Since most establishments have email 

addresses, FSIS expects most 

establishments to have internet 

connectivity adequate for FSIS needs. 

Such establishments would likely be 

able to provide internet service to FSIS 

without a significant burden or 

additional costs to do so. FSIS requests 

comments on the number and types of 

establishments or facilities receiving 

mandatory or purchasing voluntary 

inspection services that do not purchase 

internet services at all, do not purchase 

internet services adequate for FSIS 

needs, or could not provide IPP access 

to internet services without accruing 

significant costs, as well as any cost 

estimates for providing IPP with access 

to the establishment’s existing internet 

services. 

Regulatory Flexibility Act Assessment 

The FSIS Administrator has made a 

preliminary determination that this 

proposed rule, if finalized, would not 

have a significant economic impact on 

a substantial number of small entities in 

the United States, as defined by the 

Regulatory Flexibility Act (5 U.S.C. 

601), because any costs associated with 

the rule would be de minimis. FSIS 

would only require small businesses to 

provide internet access to FSIS IPP if 

the business has internet service and it’s 

adequate for FSIS’s use by IPP. 

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. 

Paperwork Reduction Act 

There are no new paperwork or 

recordkeeping requirements associated 

with this proposed rule under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

Environmental Impact 

Each USDA agency is required to 

comply with 7 CFR part 1b of the 

Departmental regulations, which 

supplements the National 

Environmental Policy Act regulations 

published by the Council on 

Environmental Quality. Under these 

regulations, actions of certain USDA 

agencies and agency units are 

categorically excluded from the 

preparation of an Environmental 

Assessment (EA) or an Environmental 

Impact Statement (EIS) unless the 

agency head determines that a particular 

action may have a significant 

environmental effect (7 CFR 1b.4(a)). 

FSIS is among the agencies categorically 

excluded from the preparation of an EA 

or EIS (7 CFR 1b.4(b)(6)). 

FSIS has determined that this 

proposed rule would not create any 

extraordinary circumstances that would 

result in this normally excluded action 

having a significant effect on the human 

environment. Therefore, this action is 

appropriately subject to the categorical 

exclusion for FSIS programs and 

activities under 7 CFR 1b.4. 

E-Government Act

FSIS and the U.S. Department of

Agriculture (USDA) are committed to 

achieving the purposes of the EGovernment 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. 

Congressional Review Act 

Pursuant to the Congressional Review 

Act at 5 U.S.C. 801 et seq., the Office of 

Information and Regulatory Affairs has 

determined that this proposed rule is 

not a ‘‘major rule,’’ as defined by 5 

U.S.C. 804(2). 

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 Constituent 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, 


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Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Proposed Rules 12125 

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 

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: program.intake@usda.gov. 

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). 

List of Subjects 

9 CFR Part 307 

Government employees, Meat 

inspection. 

9 CFR Part 350 

Meat inspection, Reporting and 

recordkeeping requirements. 

9 CFR Part 352 

Food labeling, Meat inspection, 

Reporting and recordkeeping 

requirements. 

9 CFR Part 354 

Administrative practice and 

procedure, Animal diseases, Food 

labeling, Meat inspection, Rabbits and 

rabbit products, Reporting and 

recordkeeping requirements, Signs and 

symbols. 

9 CFR Part 362 

Meat inspection, Poultry and poultry 

products, Reporting and recordkeeping 

requirements. 

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, Imports, 

Intergovernmental relations, 

Laboratories, Meat inspection, 

Nutrition, Polychlorinated biphenyls 

(PCB’s), Poultry and poultry products, 

Reporting and recordkeeping 

requirements, Seizures and forfeitures, 

Signs and symbols, Technical 

assistance, Transportation. 

9 CFR Part 533 

Fish, Food grades and standards, 

Government employees, Public health, 

Seafood. 

9 CFR Part 590 

Eggs and egg products, Exports, Food 

grades and standards, Food labeling, 

Imports, Reporting and recordkeeping 

requirements. 

9 CFR Part 592 

Eggs and egg products, Exports, Food 

grades and standards, Food labeling, 

Imports, Reporting and recordkeeping 

requirements. 

For the reasons set out in the 

preamble, FSIS is proposing to amend 9 

CFR Chapter III as follows: 

PART 307—FACILITIES FOR 

INSPECTION 

■ 1. The authority citation for part 307 

continues to read as follows: 

Authority: 7 U.S.C. 394, 21 U.S.C. 601– 

695; 7 CFR 2.17, 2.55. 

■ 2. Revise § 307.1 to read as follows: 

§ 307.1 Facilities for Program employees. 

Office space, including necessary 

furnishings, light, internet access, heat, 

and janitor service, must be provided by 

official establishments, rent free, for the 

exclusive use for official purposes of the 

inspector and other Program employees 

assigned thereto. The space set aside for 

this purpose must meet with approval of 

the Frontline Supervisors and must be 

conveniently located, properly 

ventilated and provided with lockers 

suitable for the protection and storage of 

Program supplies and with facilities 

suitable for Program employees to 

change clothing if such clothes changing 

facilities are deemed necessary by FSIS. 

At the discretion of the Administrator, 

small plants requiring the services of 

less than one full-time inspector need 

not furnish facilities as prescribed in 

this section, where adequate facilities 

exist in a nearby convenient location. 

Laundry service for inspectors’ outer 

work clothing must be provided by each 

establishment. Establishments that lack 

internet services are not required to 

purchase internet services for use by 

FSIS and establishments with internet 

services inadequate for use by FSIS are 

not required to upgrade such services. 

PART 350—SPECIAL SERVICES 

RELATING TO MEAT AND OTHER 

PRODUCTS 

■ 3. The authority citation for part 350 

continues to read as follows: 

Authority: 7 U.S.C. 1622, 1624; 7 CFR 

2.17, 2.55. 

■ 4. In § 350.7, revise the section 

heading and add paragraph (h) to read 

as follows: 

§ 350.7 Fees, charges, and Internet 

access. 

* * * * * 

(h) Internet access must be provided 

by the applicant for service, rent free, 

for the exclusive use for official 

purposes of the inspector and other 

Program employees assigned thereto. 

Applicants that lack internet services 

are not required to purchase internet 

services for use by FSIS and applicants 

with internet services inadequate for use 

by FSIS are not required to upgrade 

such services. 

PART 352—EXOTIC ANIMALS AND 

HORSES; VOLUNTARY INSPECTION 

■ 5. The authority citation for part 352 

continues to read as follows: 

Authority: 7 U.S.C. 1622, 1624; 7 CFR 

2.17(g) and (i), 2.55. 

■ 6. In § 352.5, revise the section 

heading and add paragraph (f) to read as 

follows: 

§ 352.5 Fees, charges and Internet access. 

* * * * * 

(f) Internet access must be provided 

by the applicant for service, rent free, 

for the exclusive use for official 

purposes of the inspector and other 

Program employees assigned thereto. 

Applicants that lack internet services 

are not required to purchase internet 

services for use by FSIS and applicants 

with internet services inadequate for use 

by FSIS are not required to upgrade 

such services. 


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PART 354—VOLUNTARY INSPECTION 

OF RABBITS AND EDIBLE PRODUCTS 

THEREOF 

■ 7. The authority citation for part 354 

continues to read as follows: 

Authority: 7 U.S.C. 1622, 1624; 7 CFR 

2.17(g) and (i), 2.55. 

■ 8. Revise § 354.221(g) to read as 

follows: 

§ 354.221 Rooms and compartments. 

* * * * * 

(g) Inspector’s office. Furnished office 

space, including, but not being limited 

to, light, heat, internet access, and 

janitor service shall be provided rent 

free in the official plant for the 

exclusive use for official purposes of the 

inspector and the Administration. The 

room or rooms set apart for this purpose 

must meet with the approval of the 

Frontline Supervisor and be 

conveniently located, properly 

ventilated, and provided with lockers or 

cabinets suitable for the protection and 

storage of supplies and with facilities 

suitable for inspectors to change 

clothing. Facilities that lack internet 

services are not required to purchase 

internet services for use by FSIS, and 

facilities with internet services 

inadequate for use by FSIS are not 

required to upgrade such services. 

PART 362—VOLUNTARY POULTRY 

INSPECTION REGULATIONS 

■ 9. The authority citation for part 362 

continues to read as follows: 

Authority: 7 U.S.C. 1622; 7 CFR 2.18(g) 

and (i), 2.53. 

■ 10. In § 362.5, revise the section 

heading and add paragraph (h) to read 

as follows: 

§ 362.5 Fees, charges, and Internet 

access. 

* * * * * 

(h) Internet access must be provided 

by the applicant for service, rent free, 

for the exclusive use for official 

purposes of the inspector and other 

Program employees assigned thereto. 

Applicants that lack internet services 

are not required to purchase internet 

services for use by FSIS and applicants 

with internet services inadequate for use 

by FSIS are not required to upgrade 

such services. 

PART 381—POULTRY PRODUCTS 

INSPECTION REGULATIONS 

■ 11. The authority citation for part 381 

continues to read as follows: 

Authority: 7 U.S.C. 1633, 1901–1906; 21 

U.S.C. 451–472; 7 CFR 2.18, 2.53. 

■ 12. Revise § 381.36(a) to read as 

follows: 

§ 381.36 Facilities required. 

(a) Inspector’s Office. Office space, 

including, but not being limited to 

furnishings, light, internet access, heat, 

and janitor service, must be provided 

rent free in the official establishment, 

for the use of Government personnel for 

official purposes. The room or space set 

apart for this purpose must meet the 

approval of Frontline Supervisors and 

be conveniently located, properly 

ventilated, and provided with lockers or 

file cabinets suitable for the protection 

and storage of supplies and with 

facilities suitable for inspectors to 

change clothing. At the discretion of the 

Administrator, small plants requiring 

the services of less than one full-time 

inspector need not furnish facilities as 

prescribed in this section, where 

adequate facilities exist in a nearby 

convenient location. Each official 

establishment must provide commercial 

laundry service for inspectors’ outer 

work clothing, or disposable outer work 

garments designed for one-time use, or 

uniform rental service garments which 

are laundered by the rental service. 

Establishments that lack internet 

services are not required to purchase 

internet services for use by FSIS and 

establishments with internet services 

inadequate for use by FSIS are not 

required to upgrade such services. 

* * * * * 

PART 533—SEPARATION OF 

ESTABLISHMENT; FACILITIES FOR 

INSPECTION; FACILITIES FOR 

PROGRAM EMPLOYEES; OTHER 

REQUIRED FACILITIES 

■ 13. The authority citation for part 533 

continues to read as follows: 

Authority: 21 U.S.C. 601–602, 606–622, 

624–695; 7 CFR 2.7, 2.18, 2.53. 

■ 14. Revise § 533.3 to read as follows: 

§ 533.3 Facilities for Program employees. 

Office space, including necessary 

furnishings, light, internet access, heat, 

and janitor service, must be provided by 

official establishments, rent free, for the 

exclusive use for official purposes of the 

inspector and other Program employees 

assigned thereto. The space set aside for 

this purpose shall meet with approval of 

the District Manager or the frontline 

supervisor and must be conveniently 

located, properly ventilated, and 

provided with lockers suitable for the 

protection and storage of Program 

supplies and with facilities suitable for 

Program employees to change clothing if 

such facilities are deemed necessary by 

the frontline supervisor. At the 

discretion of the Administrator, small 

establishments requiring the services of 

less than one full-time inspector need 

not furnish facilities for Program 

employees as prescribed in this section, 

where adequate facilities exist in a 

nearby convenient location. Laundry 

service for inspectors’ outer work 

clothing must be provided by each 

establishment. Establishments that lack 

internet services are not required to 

purchase internet services for use by 

FSIS and establishments with internet 

services inadequate for use by FSIS are 

not required to upgrade such services. 

PART 590—INSPECTION OF EGGS 

AND EGG PRODUCTS (EGG 

PRODUCTS INSPECTION ACT) 

■ 15. The authority citation for part 590 

continues to read as follows: 

Authority: 21 U.S.C. 1031–1056; 7 CFR 

2.18, 2.53. 

■ 16. Revise § 590.136(a) to read as 

follows: 

§ 590.136 Accommodations and 

equipment to be furnished by facilities for 

use of inspection program personnel in 

performing service. 

(a) Inspection program personnel 

office. Office space, including, but not 

limited to, furnishings, light, heat, 

internet access, and janitor service, will 

be provided without cost in the official 

plant for the use of inspection program 

personnel for official purposes. The 

room or space set apart for this purpose 

must meet the approval of the Food 

Safety and Inspection Service and be 

conveniently located, properly 

ventilated, and provided with lockers or 

file cabinets suitable for the protection 

and storage of supplies and with 

accommodations suitable for inspection 

program personnel to change clothing. 

At the discretion of the Administrator, 

small official plants requiring the 

services of less than one full-time 

inspector need not furnish 

accommodations for inspection program 

personnel as prescribed in this section 

where adequate accommodations exist 

in a nearby convenient location. Plants 

that lack internet services are not 

required to purchase internet services 

for use by FSIS, and plants with internet 

services inadequate for use by FSIS are 

not required to upgrade such services. 

* * * * * 

PART 592—VOLUNTARY INSPECTION 

OF EGG PRODUCTS 

■ 17. The authority citation for part 592 

continues to read as follows: 

Authority: 7 U.S.C. 1621–1627. 


jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Proposed Rules 12127 

■ 18. Revise § 592.95(b) to read as 

follows: 

§ 592.95 Facilities and equipment to be 

furnished for use of inspection program 

personnel in performing service. 

* * * * * 

(b) Acceptable furnished office space 

and equipment, including but not being 

limited to, internet access, a desk, 

lockers or cabinets (equipped with a 

satisfactory locking device) suitable for 

the protection and storage of supplies, 

and with facilities for inspection 

program personnel to change clothing. 

Facilities that lack internet services are 

not required to purchase internet 

services for use by FSIS, and facilities 

with internet services inadequate for use 

by FSIS are not required to upgrade 

such services. 

Done at Washington, DC. 

Theresa Nintemann, 

Acting Administrator. 

[FR Doc. 2021–03609 Filed 3–1–21; 8:45 am] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0105; Project 

Identifier MCAI–2020–01422–R] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for all 

Airbus Helicopters Model SA330J 

helicopters. This proposed AD was 

prompted by the failure of a second 

stage planet gear installed in the main 

gearbox (MGB). This proposed AD 

would require repetitively inspecting 

the MGB particle detector and the MGB 

bottom housing (oil sump) for metal 

particles, analyzing any metal particles 

that are found, and replacement of the 

MGB if necessary, as specified in a 

European Aviation Safety Agency (now 

European Union Aviation Safety 

Agency) (EASA) AD, which is proposed 

for incorporation by reference (IBR). The 

FAA is proposing this AD to address the 

unsafe condition on these products. 

DATES: The FAA must receive comments 

on this proposed AD by April 16, 2021. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For material that is proposed for IBR 

in this AD, contact the EASA, KonradAdenauer-Ufer 3, 50668 Cologne, 

Germany; phone: +49 221 8999 000; 

email: ADs@easa.europa.eu; internet: 

www.easa.europa.eu. You may find this 

material on the EASA website at https:// 

ad.easa.europa.eu. You may view this 

material at the FAA, Office of the 

Regional Counsel, Southwest Region, 

10101 Hillwood Pkwy., Room 6N–321, 

Fort Worth, TX 76177. For information 

on the availability of this material at the 

FAA, call 817–222–5110. It is also 

available in the AD docket on the 

internet at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2021–0105. 

Examining the AD Docket 

You may examine the AD docket on 

the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2021– 

0105; or in person at Docket Operations 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The AD docket contains this NPRM, any 

comments received, and other 

information. The street address for 

Docket Operations is listed above. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Mahmood G. Shah, Aviation Safety 

Engineer, Fort Worth ACO Branch, 

FAA, 10101 Hillwood Pkwy., Fort 

Worth, TX 76177; phone: 817–222– 

5538; email: mahmood.g.shah@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include ‘‘Docket No. 

FAA–2021–0105; Project Identifier 

MCAI–2020–01422–R’’ at the beginning 

of your comments. The most helpful 

comments reference a specific portion of 

the proposal, explain the reason for any 

recommended change, and include 

supporting data. The FAA will consider 

all comments received by the closing 

date and may amend this proposal 

because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to https://

www.regulations.gov, including any 

personal information you provide. The 

agency will also post a report 

summarizing each substantive verbal 

contact received about this proposal. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this NPRM 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to this NPRM, it is important 

that you clearly designate the submitted 

comments as CBI. Please mark each 

page of your submission containing CBI 

as ‘‘PROPIN.’’ The FAA will treat such 

marked submissions as confidential 

under the FOIA, and they will not be 

placed in the public docket of this 

NPRM. Submissions containing CBI 

should be sent to Mahmood G. Shah, 

Aviation Safety Engineer, Fort Worth 

ACO Branch, FAA, 10101 Hillwood 

Pkwy., Fort Worth, TX 76177; phone: 

817–222–5538; email: 

mahmood.g.shah@faa.gov. Any 

commentary that the FAA receives that 

is not specifically designated as CBI will 

be placed in the public docket for this 

rulemaking. 

Discussion 

The EASA, which is the Technical 

Agent for the Member States of the 

European Union, has issued EASA AD 

2018–0272, dated December 13, 2018 

(EASA AD 2018–0272) (also referred to 

as the Mandatory Continuing 

Airworthiness Information, or the 

MCAI), to correct an unsafe condition 

for all Airbus Helicopters Model SA330J 

helicopters. 

This proposed AD was prompted by 

the failure of a second stage planet gear 

installed in the MGB of an Airbus 

Helicopters Model EC225LP helicopter. 

Airbus Helicopters Model SA330J 

helicopters have a similar design, 

therefore, these models may be subject 

to the unsafe condition revealed on the 

Model EC225LP helicopter. The FAA is 

proposing this AD to address failure of 


jbell on DSKJLSW7X2PROD with PROPOSALS