This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

14182 

Vol. 87, No. 49 

Monday, March 14, 2022 

1Currently, three fowl establishments have 

waivers to operate under NPIS. If this proposed rule 

becomes final, FSIS will update their waivers to 

make them consistent with the final rule. 

2Schat, K A. and Erb, H.N. Lack of evidence that 

avian oncogenic viruses are infectious for humans: 

A review. Avian Diseases, 2014; 58: 345–358. 

3Avian Leukosis Complex also includes 

Lymphoproliferative Disease of Turkeys, a disease 

that does not occur in the United States. 

4 Dunn, J. Marek’s Disease in poultry. Merck’s 

Veterinary Manual. 2016; Available from: Marek’s 

Disease in Poultry—Poultry—Merck Veterinary 

Manual (merckvetmanual.com). 

5 Dunn, J. Lymphoid Leukosis in poultry. Merck’s 

Veterinary Manual. 2016; Available from: http://

www.merckvetmanual.com/poultry/neoplasms/ 

lymphoid-leukosis-in-poultry. 

6 Dunn, J. Reticuloendotheliosis in Poultry. 

Merck’s Veterinary Manual. 2016; Available from: 

http://www.merckvetmanual.com/poultry/ 

neoplasms/reticuloendotheliosis-in-poultry. 

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

9 CFR Part 381 

[Docket No. FSIS–2021–0004] 

RIN 0583–AD84 

Condemnation of Poultry Carcasses 

Affected With Any Form of Avian 

Leukosis Complex; Rescission 

AGENCY: Food Safety and Inspection 

Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: The Food Safety and 

Inspection Service (FSIS) is proposing 

to amend the poultry products 

inspection regulations to rescind several 

regulations related to the inspection and 

condemnation of poultry carcasses 

affected with any of the forms of avian 

leukosis complex. 

DATES: Submit comments on or before 

May 13, 2022. 

ADDRESSES: FSIS invites interested 

persons to submit comments on this 

notice. Comments may be submitted by 

one of the following methods: 

• Federal eRulemaking Portal: This

website provides commenters the ability 

to type short comments directly into the 

comment field on the web page or to 

attach a file for lengthier comments. Go 

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

the on-line instructions at that site for 

submitting comments. 

• Mail: 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– 

2021–004. Comments received in 

response to this docket will be made 

available for public inspection and 

posted without change, including any 

personal information, to https://

www.regulations.gov. 

Docket: For access to background 

documents or comments received, call 

(202) 205–0495 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)

205–0495.

SUPPLEMENTARY INFORMATION:

Background 

The poultry products inspection 

regulations require that carcasses of 

poultry affected with any one or more 

of the several forms of the avian visceral 

leukosis complex be condemned (9 CFR 

381.82). On March 1, 2019, FSIS 

received a petition from the National 

Chicken Council (NCC) https://

www.fsis.usda.gov/wps/wcm/connect/ 

85ae4905-fcc3-4f76-9586-f158f2618c41/ 

19-01-Petition-National-ChickenCouncil-03012019.pdf?MOD=AJPERES

requesting that the Agency amend the

regulations to designate avian leukosis

as a trimmable condition rather than a

condition that requires condemnation of

the entire carcass. The petition also

requests that FSIS rescind the

regulations at 9 CFR 381.36(f)(3) that

require young chicken establishments

operating under the NPIS to provide a

location at a point along the production

line to permit an FSIS inspector to

inspect for leukosis the first 300

carcasses of each flock, together with

their corresponding viscera. In addition,

the petition requests that FSIS rescind

the regulations at 9 CFR 381.76(b)(6)(iv)

that prescribe the 300-bird leukosis

inspection procedure under the NPIS.

The petition asserts that the current

regulations related to leukosis are based

on an outdated understanding of this

poultry disease, impose unnecessary

costs on industry, and present a

potential barrier to young chicken

establishments that may want to convert

to NPIS.1

To determine its response to the 

petition, the Agency evaluated the 

available scientific information on avian 

leukosis and reviewed the original basis 

for the regulations requiring 

condemnation of young chicken 

carcasses affected with avian leukosis. 

Based on this evaluation, FSIS 

concluded that there is scientific 

support for treating avian leukosis as a 

trimmable condition under 9 CFR 

381.87 in all poultry establishments 

operating under FSIS’ mandatory and 

voluntary inspection. Therefore, on July 

16, 2020, FSIS issued a response 

granting the NCC petition, stating that 

FSIS has ‘‘determined that current 

scientific evidence supports treating 

avian leukosis as a trimmable condition 

and that the actions requested in your 

petition would reduce regulatory 

burdens on the industry.’’ 

Avian Leukosis Complex (also 

referred to as avian leukosis) is a rare 

condition in chickens that includes 

three virally-induced, tumor-causing 

diseases, none of which are 

transmissible to humans.2 Avian 

Leukosis Complex may also be referred 

to as avian oncogenic viruses. The three 

characterized diseases are Marek’s 

Disease, Lymphoid Leukosis, and 

Reticuloendotheliosis.3 The most 

common of the avian oncogenic viruses 

is Marek’s Disease caused by Marek’s 

Disease Virus (MDV), a DNA 

herpesvirus that is ubiquitous in the 

environment.4 Lymphoid Leukosis, 

caused by the Avian Leukosis Virus 

(ALV), an RNA retrovirus, is the second 

most common disease of the avian 

oncogenic viruses.5

Reticuloendotheliosis also a RNA 

retrovirus is the third of the avian 

oncogenic viruses.6 Additionally, avian 

visceral leukosis is a rare manifestation 

of the viral disease leukosis in young 

chickens, and also not transmissible to 

humans. Also, if visceral leukosis does 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Proposed Rules 14183 

7Payne, L.N. and Nair, V. The long view: 40 years 

of Avian Leukosis research. Avian Pathology, 2012; 

41(1): 11–19. 

8Nair, V. Evolution of Marek’s disease—a 

paradigm for incessant race between the pathogen 

and the host, The Veterinary Journal, 2005; 

170:175–183. 

9Payne, L.N. and Nair, V. The long view; 40 years 

of Avian Leukosis research. Avian Pathology, 2012; 

41(1):11–19. 

10 Included below is the list of citations to the 

literature that was reviewed: 

1. Schat, K.A. and Erb, H.N. Lack of evidence that 

avian oncogenic viruses are infectious for humans: 

A review. Avian Diseases, 2014;58:345–358. 

2. Purchase HG, Witter RL. Public health 

concerns from human expose to oncogenic avian 

herpesviruses. JAVMA 1986; 189(11):1430–1436. 

3. Choudat D, Dambrine G, Delemotte B, Coudert 

F. Occupational exposure to poultry and prevalence 

of antibodies against Marek’s disease virus and 

avian leukosis retroviruses. Occup Environ Med 

1996; 53:403–410. 

4. Zur Hausen H. Viruses in Human Cancers. Eur 

J of Cancer 1999; 35(8): 1174–1181. 

5. Nair, V. Evolution of Marek’s disease—a 

paradigm for incessant race between the pathogen 

and the host, The Veterinary Journal, 2005; 

170:175–183. 

6. Payne, L.N. and Nair, V. The long view: 40 

years of Avian Leukosis research. Avian Pathology, 

2012; 41(1): 11–19. 

7. Kenzy, S.G. and Cho, B.R. Transmission of 

classical Marek’s Disease by affected and carrier 

birds. Avian Diseases, 1969; 13(10: 211–214. 

Available from: http://www.jstor.org/stable/ 

1588430?seq=1#page_scan_tab_contents. 

8. Office International des Epizooties (OIE). 2018 

OIE Terrestrial Manual. Chapter 3.3.13.—Marek’s 

Disease. Available at: Terrestrial Manual Online 

Access—OIE—World Organisation for Animal 

Health. 

9. Dunn, J. Marek’s Disease in Poultry. Merck’s 

Veterinary Manual. 2016; Available from: http://

www.merckvetmanual.com/poultry/neoplasms/ 

marek’s-disease-in-poultry. 

10. Dunn, J. Lymphoid Leukosis in poultry. 

Merck’s Veterinary Manual. 2016; Available from: 

http://www.merckvetmanual.com/poultry/ 

neoplasms/lymphoid-leukosis-in-poultry. 

11. Dunn, J. Reticuloendotheliosis in Poultry. 

Merck’s Veterinary Manual. 2016; Available from: 

http://www.merckvetmanual.com/poultry/ 

neoplasms/reticuloendotheliosis-in-poultry. 

12. Payne, L.N. and Venugopal, K. Neoplastic 

diseases: Marek’s disease, avian leukosis and 

reticulendotheliosis. Revue Scientifique et 

Technique (Office International des Epizooties), 

2000; 19(2): 544–564. 

occur in young chickens it usually 

occurs on a flock basis. 

Although avian leukosis does not 

present a human health concern, the 

poultry post-mortem inspection 

regulations cited above currently require 

the condemnation of carcasses affected 

with leukosis because the condition had 

historically rendered carcasses 

unwholesome or otherwise unfit for 

human food, and thus adulterated under 

the Poultry Products Inspection Act 

(PPIA; 21 U.S.C. 453(g)(3)). The current 

regulations at 9 CFR 381.82 require 

condemnation of the entire carcass and 

corresponding viscera if one or more 

lesions consistent with avian leukosis 

are observed on the viscera or carcass. 

Significantly, avian leukosis is the only 

condemnable disease in which lesions 

may develop on the viscera without 

necessarily manifesting itself on other 

parts of the carcass. 

When the post-mortem avian leukosis 

inspection regulations were enacted, 

avian oncogenic (tumor-causing) viruses 

were a major cause of mortality to the 

poultry industry and birds affected with 

these viruses were covered in tumors 

and often paralyzed. Thus, the carcasses 

of these birds were considered 

unwholesome due to the extent of 

disease progression. However, because 

it is now common commercial practice 

to vaccinate each chicken flock for 

Marek’s Disease and to breed leukosisresistant birds, the occurrence of the 

condition described above is rare. As 

FSIS explained in the proposed rule 

‘‘Modernization of Poultry Slaughter 

Inspection,’’ nationwide data from 1984 

revealed that all forms of leukosis (skin, 

visceral, other viral leukoses) resulted in 

the condemnation of 0.017 percent of 

the approximately 7.4 billion young 

chickens slaughtered (77 FR 4408, 

4422). While it is possible for a 

vaccinated bird to develop Marek’s 

Disease, especially if the virus is highly 

virulent, the presentation of the disease 

is usually restricted to a few enlarged 

feather follicles, possibly a few 

lymphoid tumors on an organ, or an 

enlarged spleen. These are localized 

lesions that do not affect other parts of 

the carcass. In addition, these types of 

lesions are not specific to Marek’s 

Disease, and the diagnosis cannot be 

confirmed by further testing because all 

birds that have been vaccinated will test 

positive for the disease. Since all birds 

are vaccinated for MDV with a 

modified-live vaccine, the virus is 

present in the tissues regardless of the 

presence of lesions. Thus, a positive test 

result for Marek’s Disease is not 

necessarily an indicator of a diseased 

state that would render the carcass 

unwholesome. 

History 

The first evidence of Avian Leukosis 

and its viral etiology in poultry was 

documented in 1908.7 At the time, viral 

oncology was a foreign concept and not 

much research progressed until the 

1920s through the 1940s. During this 

time, the avian oncogenic viruses (still 

an unknown etiology, other than an 

unidentified virus) became a major 

cause of mortality to the expanding 

poultry industry, especially with the 

poultry industry shifting from lowdensity, low-producing backyard flocks 

to high-density, high-producing farms.8

The birds infected with any of the avian 

oncogenic viruses were unhealthy, 

covered in tumors, and often paralyzed. 

The United States, as well as other 

groups across the world, started 

devoting more resources into 

researching the cause of the avian 

oncogenic viruses.9

The research on the avian oncogenic 

viruses proliferated during the 1950s 

and 1960s; however, the exact etiology 

was still unknown at the time the PPIA 

was passed. Thus, when the regulations 

implementing the PPIA were 

promulgated, the presence of Avian 

Leukosis deemed a whole carcass 

condemnable, based on the typical 

extent of disease progression at that 

time. However, as discussed above, 

because of current commercial 

practices, Avian Leukosis is now rare 

and, if present, is usually restricted to 

a few localized lesions such as enlarged 

feather follicles, possibly a few 

lymphoid tumors on an organ, or an 

enlarged spleen, which do not render 

other parts of the carcass unwholesome 

or unfit for human food. 

Continued Support for Lack of Public 

Health Significance 

In August 2014, FSIS published the 

final rule that established the NPIS and 

required FSIS to inspect the first 300- 

birds from each flock of young chickens 

to determine whether leukosis is present 

in the flock (79 FR 49566, 49586). The 

preamble to the final rule noted that 

leukosis does not present a human 

health concern; however, under the 

final rule FSIS continued to require 

condemnation of the entire carcass of 

birds affected by visceral leukosis under 

the NPIS and other inspection systems, 

based on the past determination that the 

disease rendered poultry unsound or 

otherwise unfit for human food. 

In response to a waiver request, FSIS 

conducted an evaluation on issues 

associated with avian leukosis in young 

chickens. The results of the evaluation 

show that avian leukosis does not 

present a human health concern. The 

literature review 10 found that while 

several studies confirmed the presence 

of antibodies to MDV, Avian Lymphoid 

Leukosis, and Reticuloendotheliosis 

viruses in people working in poultry 

slaughter and processing 

establishments, there have been no 

indications that these poultry diseases 

are involved in human disease, 

including cancer or Multiple Sclerosis. 

Furthermore, experimental laboratory 

studies have been unable to establish 

that any of the avian oncogenic viruses 

have the ability to infect and replicate 


jspears on DSK121TN23PROD with PROPOSALS1
14184 Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Proposed Rules 

11Schat, K A. and Erb, H.N. Lack of evidence that 

avian oncogenic viruses are infectious for humans: 

A review. Avian Diseases, 2014; 58: 345–358. 

12 Ibid. 

13Purchase HG, Witter RL. Public health concerns 

from humans exposed to oncogenic avian 

herpesviruses. JAVMA 1986; 189(11):1430–1436. 

14Choudat D, Dambrine G, Delemotte B, coudert 

F. Occupational exposure to poultry and prevalence 

of antibodies against Marek’s disease virus and 

avian leukosis retroviruses. Occup Environ Med 

1996; 53 403–410. 

15www.medicinenet.com. 

16Zur Hausen H. Viruses in Human Cancers. Eur 

J of Cancer 1999; 35(8): 1174–1181. 

17From 2015 to 2019, approximately 9 billion 

young chickens were slaughtered annually. 18FSIS used data from the Public Health 

Information System (PHIS). PHIS is FSIS’ electronic 

data analytic system, used to collect, consolidate, 

and analyze data in order to improve public health. 

19National Chicken Council: Market Weight 

pounds, live weight: https://

www.nationalchickencouncil.org/statistic/usbroiler-performance/. Accessed on January 6, 2021. 

20USDA: Economic Research Service: Live Stock 

Meat: Domestic Data Whole sale price: 2015–2019 

Average: Broilers (cents/lb.) National Comp.: 

https://www.ers.usda.gov/data-products/livestockmeat-domestic-data/livestock-meat-domestic-data/ 

#Wholesale%20Prices. Accessed on July 22, 2020. 

in mammalian cells, including 

humans.11

This recent research is consistent with 

findings extending back into the 1950’s 

that assessed the public health risk of 

the three oncogenic viruses that occur in 

United States poultry.12 The majority of 

research examined the public health 

risk of MDV because this virus is 

ubiquitous in the poultry farm 

environment and the vaccine for MDV 

is a modified live vaccine. A modified 

live vaccine of the MDV herpesvirus 

means that the virus infiltrates the cells 

and is persistently present in all cells of 

the bird. Everyone who raises, 

slaughters, processes, or eats chicken is 

exposed to the virus in the vaccine, 

regardless of the presence of any 

lesions. This level of profound exposure 

enabled researchers to conduct 

numerous epidemiological studies to 

assess the association between human 

disease and MDV. An extensive 

literature review on the public health 

impact related to MDV exposure 

performed in 1986 concluded that ‘‘[t]he 

large body of experimental evidence in 

both avian and human virology, 

serology, pathology, and epidemiology 

strongly supports the conclusion that no 

etiologic relationship exists between 

avian herpesviruses and human 

cancer.’’ 13 Additional studies after 1986 

demonstrated the presence of antibodies 

against MDV in human populations, 

especially populations that are heavily 

exposed to MDV in poultry.14 However, 

seroconversion, which is ‘‘the 

development of detectable antibodies in 

the blood that are directed against an 

infectious agent‘‘,15 is not a remarkable 

finding alone and is not unexpected 

considering the high prevalence of MDV 

in the environment. The presence of 

antibodies does not prove a causal 

relationship between the virus and 

human disease.16

Current Practices 

Under the NPIS, carcasses are 

presented to the online inspector after 

the carcasses have been sorted, washed, 

and trimmed by establishment 

employees. The carcasses are presented 

to the online inspector without the 

corresponding viscera because all 

poultry diseases and conditions, except 

for avian visceral leukosis, are readily 

identified by observing the carcass 

alone. To address avian visceral 

leukosis under the NPIS, an offline 

inspector observes the viscera of the 

first 300 birds slaughtered from each 

young chicken flock to determine 

whether the disease is present in the 

flock. As noted above, it is common 

commercial practice to vaccinate each 

chicken flock for Marek’s Disease. On 

rare occasions, the vaccine is not 

effective. If the vaccine is not effective, 

visceral leukosis will be present on a 

flock basis. In the rare event that the 

disease is present, FSIS will adjust the 

NPIS inspection procedures and slow 

the line to inspect each carcass with its 

corresponding viscera and, if one or 

more lesions consistent with leukosis 

are observed in the viscera, the entire 

carcass must be condemned. However, 

if FSIS rescinds the regulations that 

require condemnation of carcasses 

affected by the avian leukosis complex, 

the 300-bird leukosis check for NPIS 

young chicken establishments would no 

longer be necessary because the 

carcasses of birds with leukosis lesions 

on their viscera would not be 

considered adulterated and any tumors 

present on the carcass, regardless of the 

cause, would be trimmed and removed 

by establishment employees before the 

carcass is presented to the FSIS online 

inspector. 

Currently, under traditional 

inspection, FSIS inspection personnel 

perform inspection on each carcass and 

condemn carcasses affected by the avian 

leukosis complex. Under the proposed 

regulations in establishments under 

traditional inspection, after identifying 

lesions on young chicken viscera or 

carcasses, FSIS inspection personnel 

would direct establishment employees 

to trim and remove any tumors present 

on carcasses. If the disease has 

metastasized or if the entire carcass is 

otherwise affected, FSIS inspection 

personnel would condemn the entire 

carcass. 

Proposed Changes 

FSIS is proposing to rescind 9 CFR 

381.82, the regulation that requires 

condemnation of poultry carcasses 

affected with one or more of the forms 

of the avian leukosis complex. Under 

the proposed rule, carcasses affected 

with avian leukosis would be addressed 

by 9 CFR 381.87, which provides that 

any organ or other carcass part affected 

with tumors may be trimmed and that 

the unaffected parts of the carcass may 

be inspected and passed. FSIS is also 

proposing to rescind 9 CFR 381.36(f)(3), 

the regulation that requires NPIS young 

chicken establishments to provide a 

leukosis inspection area along the 

slaughter line, as well as 9 CFR 

381.76(b)(6)(iv), the regulation that 

prescribes inspection procedures for 

avian visceral leukosis in NPIS young 

chicken establishments. These 

regulations do not apply to turkey 

establishments operating under the 

NPIS because avian visceral leukosis is 

extremely rare in turkeys. 

Executive Order 12866 and 13563 

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 

designated as a ‘‘non-significant’’ 

regulatory action under section 3(f) of 

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 

This proposed rule would benefit 

young chicken slaughter establishments 

by decreasing the number of carcasses 

condemned for leukosis. An average of 

62,445 young chicken carcasses, which 

represents less than 0.01 percent of total 

young chickens slaughtered,17 are 

condemned every year for leukosis, 

based on Agency data from 2015 to 

2019.18 Based on data from the NCC and 

the USDA Economic Research Service, 

the average market weight of a young 

chicken is 6.21 pounds 19 and the 

wholesale price is 0.91 cents per 

pound.20 As such, these chickens would 

have a wholesale value of roughly 

$352,883 per year. Allowing 

establishments to address leukosis by 


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Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Proposed Rules 14185 

21United States Census Bureau: Annual Survey of 

Manufactures: Summary Statistics for Industry 

Groups and Industries in the U.S.: 2018. Annual 

Economic Surveys: ASMAREA2017: NAICS 

311615: Poultry Processing. Accessed on January 6, 

2021: https://data.census.gov/cedsci/ 

table?q=311615&tid=ASMAREA2017.

AM1831BASIC01&hidePreview=false. 

22FSIS used data from the Public Health 

Information System (PHIS) to identify these 

establishments by HACCP category. 

trimming affected areas, rather than 

condemning the entire carcass, would 

result in industry cost savings of 

approximately $352,883 per year. 

This proposed rule would also 

remove a potential barrier for young 

chicken establishments that want to 

convert to the NPIS by eliminating the 

need to reconfigure lines and make 

other changes to provide an inspection 

area for FSIS to conduct the 300-bird 

leukosis check. Converting to NPIS 

would benefit these establishments 

because they would have more 

flexibility to design and implement 

production measures tailored to their 

operations. The proposed rule would 

also reduce production costs for NPIS 

young chicken establishments by 

removing the inefficiencies associated 

with the current 300-bird leukosis 

checks, such as slowing the line if a 

leukosis positive flock is identified. 

Eliminating the 300-bird leukosis 

checks would also allow FSIS to shift 

inspection resources currently required 

for performing leukosis checks to other 

offline activities ensuring food safety. 

This proposed rule is deregulatory 

and is not expected to result in 

additional costs to industry, consumers, 

or FSIS. 

Regulatory Flexibility Act Assessment 

The FSIS Administrator has made a 

preliminary determination that this 

proposed rule 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). FSIS does not expect this 

proposed rule to result in costs to small 

entities because only large and highvolume establishments are expected to 

operate under NPIS and need to hire 

and train additional employees to sort 

and trim carcasses. In non-NPIS 

establishments, FSIS inspectors would 

continue to direct establishment 

employees to trim localized defects. If 

finalized, FSIS expects that this 

proposed rule would lead to minimal 

cost savings across the industry. In 

2018, total poultry industry revenue was 

estimated at $65.2 billion,21 as such, the 

estimated cost savings of $352,883 

would be less than .01 percent of 

industry revenue and would be 

considered an insignificant economic 

impact. 

From 2015 to 2019, about 28 percent 

of the establishments that had poultry 

carcasses condemned for leukosis were 

classified as Hazard Analysis and 

Critical Control Point (HACCP) size 

small and about 15 percent were 

HACCP size very small.22 Small and 

very small poultry establishments 

would benefit from the expected cost 

savings associated with trimming, if this 

proposed rule is finalized. 

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 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. 

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 governmentto-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, FSIS 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 

In accordance with Federal civil 

rights law and U.S. Department of 

Agriculture (USDA) civil rights 

regulations and policies, the USDA, its 

Agencies, offices, and employees, and 

institutions participating in or 

administering USDA programs are 

prohibited from discriminating based on 

race, color, national origin, religion, sex, 

gender identity (including gender 

expression), sexual orientation, 

disability, age, marital status, family/ 

parental status, income derived from a 

public assistance program, political 

beliefs, or reprisal or retaliation for prior 

civil rights activity, in any program or 

activity conducted or funded by USDA 

(not all bases apply to all programs). 

Remedies and complaint filing 

deadlines vary by program or incident. 

Persons with disabilities who require 

alternative means of communication for 

program information (e.g., Braille, large 

print, audiotape, American Sign 

Language, etc.) should contact the 

responsible Agency or USDA’s TARGET 

Center at (202) 720–2600 (voice and 

TTY) or contact USDA through the 

Federal Relay Service at (800) 877–8339. 

Additionally, program information may 

be made available in languages other 

than English. 

To file a program discrimination 

complaint, complete the USDA Program 

Discrimination Complaint Form, AD– 

3027, found online at https://

www.usda.gov/oascr/how-to-file-aprogram-discrimination-complaint and 

at any USDA office or write a letter 

addressed to USDA and provide in the 

letter all of the information requested in 

the form. To request a copy of the 

complaint form, call (866) 632–9992. 

Submit your completed form or letter to 

USDA by: (1) Mail: U.S. Department of 

Agriculture, Office of the Assistant 

Secretary for Civil Rights, 1400 

Independence Avenue SW, Washington, 

DC 20250–9410; (2) fax: (202) 690–7442; 

or (3) email: program.intake@usda.gov. 

USDA is an equal opportunity 

provider, employer, and lender. 

Additional Public Notification 

Public awareness of all segments of 

rulemaking and policy development is 

important. Consequently, FSIS will 


jspears on DSK121TN23PROD with PROPOSALS1
14186 Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Proposed Rules 

1ASHRAE Standard 90.1 is titled ‘‘Energy 

Standards for Buildings Except Low-Rise 

Residential Buildings.’’ 

announce this Federal Register 

publication on-line through the FSIS 

web page located at: https://

www.fsis.usda.gov/federal-register. 

FSIS will also announce and provide 

a link to it 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: 

https://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 in 9 CFR Part 381 

Poultry inspection, Poultry and 

poultry products, Reporting and 

recordkeeping requirements. 

For the reasons set forth in the 

preamble, FSIS is proposing to amend 9 

CFR part 381 as follows: 

PART 381—POULTRY PRODUCTS 

INSPECTIONS REGULATIONS 

■ 1. 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 2.7, 2.18, 2.53. 

§ 381.36 [Amended] 

■ 2. Amend Section 381.36 by removing 

and reserving paragraph (f)(3). 

§ 381.76 [Amended] 

■ 3. Amend section 381.76 by removing 

paragraph (b)(6)(iv). 

§ 381.82 [Removed and Reserved] 

■ 4. Remove and reserve § 381.82. 

■ 5. Revise § 381.87 to read as follows: 

§ 381.87 Tumors. 

(a) Tumors, including those possibly 

caused by avian leukosis complex, may 

be trimmed from any affected organ or 

other part of a carcass where there is no 

evidence of metastasis or that the 

general condition of the bird has been 

affected by the size, position, or nature 

of the tumor. Trimmed carcasses 

otherwise found to be not adulterated 

shall be passed as human food. 

(b) Any organ or other part of a 

carcass which is affected by a tumor 

where there is evidence of metastasis or 

that the general condition of the bird 

has been affected by the size, position, 

or nature of the tumor, shall be 

condemned. 

Paul Kiecker, 

Administrator. 

[FR Doc. 2022–05294 Filed 3–11–22; 8:45 am] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[EERE–2018–BT–STD–0003] 

RIN 1904–AE42 

Energy Conservation Program: Energy 

Conservation Standards for Variable 

Refrigerant Flow Multi-Split Air 

Conditioners and Heat Pumps; 

Clarification 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of proposed rulemaking 

and request for comment; clarification. 

SUMMARY: On February 10, 2022, the 

U.S. Department of Energy (‘‘DOE’’ or 

‘‘the Department’’) submitted a notice of 

proposed rulemaking (‘‘NOPR’’) to the 

Federal Register proposing amended 

energy conservation standards for 

variable refrigerant flow (‘‘VRF’’) multisplit air conditioners and VRF multisplit heat pumps, collectively referred to 

as ‘‘VRF multi-split systems’’ (‘‘2022 

VRF NOPR’’). After submission of the 

NOPR to the Office of the Federal 

Register for publication, the U.S. District 

Court for the Western District of 

Louisiana issued a preliminary 

injunction on February 11, 2022, in the 

case of State of Louisiana v. Biden, 

which prohibits certain actions relating 

to the monetization of benefits 

associated with greenhouse gas 

emissions reductions. Through this 

clarification document, DOE is 

clarifying its response to a public 

comment in the 2022 VRF NOPR so as 

to avoid any confusion or ambiguity of 

DOE’s response in light of the court’s 

preliminary injunction and to reiterate 

that no emissions analysis (or related 

monetization) was conducted for this 

proposed rulemaking. 

DATES: This clarification goes into effect 

on March 14, 2022. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Catherine Rivest, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Office, EE–5B, 1000 

Independence Avenue SW, Washington, 

DC 20585–0121. Telephone: (202) 586– 

7335. Email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

Mr. Eric Stas, U.S. Department of 

Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (202) 586–5827. Email: 

Eric.Stas@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Pursuant to the Energy Policy and 

Conservation Act (42 U.S.C. 6291 et 

seq.), DOE must periodically review its 

energy conservation standards for 

covered consumer products and certain 

industrial equipment, including VRF 

multi-split systems (see specifically 42 

U.S.C. 6313(a)(6)(A)–(C)). DOE initiated 

a review of its existing standards for 

VRF multi-split systems through a 

notice of data availability and request 

for information (‘‘NODA/RFI’’) 

published in the Federal Register on 

July 8, 2019 (‘‘2019 VRF NODA/RFI’’). 

84 FR 32328. The 2022 VRF NOPR was 

issued (signed) on February 9, 2022, see 

87 FR 11335, 11354 (noting the 

document’s signature date), after which 

DOE forwarded it to the Office of the 

Federal Register on February 10, 2022, 

for publication, and then the Office of 

the Federal Register placed it for public 

inspection on February 28, 2022, before 

ultimately publishing it in the Federal 

Register on March 1, 2022. 87 FR 11335. 

In the 2022 VRF NOPR, DOE 

explained that because it lacks clear and 

convincing evidence to support 

adoption of standard levels more 

stringent than those contained in the 

American Society of Heating, 

Refrigerating, and Air-Conditioning 

Engineers (‘‘ASHRAE’’) Standard 90.1,1

the Department is proposing to adopt 

the ASHRAE levels, as required by 

statute. DOE concluded that it did not 

need to prepare an emissions analysis or 

monetization of emissions for this 

rulemaking in order to support the 

adoption of the ASHRAE levels. 

In this NOPR, DOE also responded to 

a number of public comments submitted 

on the 2019 VRF NODA/RFI. One such 

comment was submitted by the Institute 

for Policy Integrity at New York 

University (‘‘NYU’’) School of Law 

(hereafter ‘‘Policy Integrity’’), in which 

it commented that DOE should 

monetize the full benefits of emissions 

reductions and use the global estimate 


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