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

37251 

Vol. 86, No. 133 

Thursday, July 15, 2021 

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

9 CFR Parts 327, 351, 354, 355, 381, 

500, and 592 

[Docket No. FSIS 2019–0001] 

RIN 0583–AD78 

Establishing a Uniform Time Period 

Requirement and Clarifying Related 

Procedures for the Filing of Appeals of 

Agency Inspection Decisions or 

Actions 

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 establish a 

uniform time period requirement for the 

filing of appeals of certain Agency 

inspection decisions or actions. 

DATES: Comments must be received on 

or before September 13, 2021. 

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 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, Washington, 

DC 20250–3700. 

Instructions: All items submitted by 

mail or electronic mail must include the 

Agency name and docket number FSIS– 

2019–0001. 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, Food Safety and 

Inspection Service, U.S. Department of 

Agriculture; Telephone: (202) 205–0495. 

SUPPLEMENTARY INFORMATION: 

Background 

Current regulatory requirements for 

appeals of FSIS decisions or actions 

related to inspection activities appear 

across multiple subsections of the FSIS 

regulations. For example, several 

subsections specify time period 

requirements for the filing of appeals 

between 48 hours and ten days. The 

majority of the subsections specify no 

time period requirement. The action 

being proposed would establish a 

unified appeals time period requirement 

of 30 calendar days from receipt of 

notification of the contested inspection 

decision or action. As such, for some 

specific types of decisions or actions, 

currently prescribed appeals filing 

deadlines would be lengthened. 

However, in general, new deadlines for 

appeals would be established, as there 

are currently no deadlines for the appeal 

of most Agency decisions or actions. 

Current FSIS regulations also provide 

varied information about appeals 

requirements and procedures, such as 

who may file an appeal, where to file an 

appeal, what information may be 

submitted with the appeal, and whether 

the appellant must bear the cost of the 

appeal if it is determined to be 

frivolous. Therefore, FSIS is using this 

opportunity to clarify and simplify 

inspection appeals procedures 

generally. 

Proposed Rule 

FSIS is proposing to add a new 

subsection to the Agency’s Rules of 

Practice, at 9 CFR part 500, which will 

set forth the procedures. Specifically, 

the new subsection will include the 

following elements: 

1. Requiring eligible persons to appeal 

decisions or actions related to 

inspection activities within 30 calendar 

days after receiving notification, either 

verbally or in writing (via electronic or 

hard copy communication), of the initial 

decision or action. 

2. Clarifying and simplifying the 

following Agency requirements and 

procedures concerning such appeals: 

a. Any establishment subject to 

mandatory Federal inspection or facility 

receiving voluntary inspection services 

under the regulations that believes it has 

been adversely affected by an applicable 

decision or action may file an appeal; 

b. Such appeal must be submitted to 

the immediate supervisor of the 

inspector or other Agency employee 

who made the contested decision or 

action; 

c. The appellant may support the 

appeal by any argument or evidence as 

to why the appeal should be granted; 

and 

d. Eliminating the requirement, 

currently prescribed in several 

subsections of the regulations, that the 

appellant must bear the cost of an 

appeal of an Agency decision or action 

if the appeal is determined to be 

frivolous. 

FSIS is also proposing to revise 

several sections of the Federal 

regulations (9 CFR 327.10(d)(2), 327.24, 

351.21, 354.134, 355.39, 381.35, 

381.202(d), 381.204(f)(2), and 592.400) 

to state that appeals of relevant Agency 

decisions or actions must be made in 

accordance with the new Rules of 

Practice subsection, 9 CFR 500.9. In the 

2020 final rule to amend the Agency’s 

egg products inspection regulations, 

FSIS incorporated egg products plants 

into coverage of the Rules of Practice (85 

FR 68642, October 29, 2020). As such, 

under this proposed rule, appeals of 

relevant Agency egg products inspection 

decisions or actions would also be made 

in accordance with the new subsection 

500.9. 

The scope of the proposed rule 

includes certain procedures for filing 

initial appeals of Agency decisions or 

actions related to inspection activities 

mandated under 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.). It also includes 

appeals of Agency inspection decisions 


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37252 Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Proposed Rules 

1Labeling appeals are specifically addressed in 

the FSIS regulations at 9 CFR 317.12, 317.69, 

317.380, 381.130, 381.412, 381.469, 381.519. 

2The proposed time period requirement for 

appeals of refused entry decisions or actions would 

not affect the existing uniform regulatory 

requirement that imported meat, poultry, or egg 

product that is refused entry must be disposed of 

within 45 days after notice is provided at the 

original port of entry to take such action 

(327.13(a)(5), 381.202(a)(4), 590.945(a)(4)). 

or actions related to voluntary 

reimbursable inspection services 

allowed under the Agricultural 

Marketing Act (AMA) (7 U.S.C. 1622 

and 1624; 9 CFR 354.134 and 355.39). 

For example, it includes appeals of 

Noncompliance Records, the 

cancellation of pre-stamping privileges 

for imported meat and poultry products, 

and sampling test results. 

The scope of the proposed rule does 

not include appeals of FSIS decisions or 

actions unrelated to inspection. Further, 

it does not include actions related to 

refusing approval of labels. The Agency 

determined that the proposed new Rules 

of Practice subsection, 9 CFR 500.9, 

would not sufficiently address the 

varied, product-specific policy issues 

central to labeling determinations and 

reevaluation consultations between 

FSIS Labeling and Program Delivery 

Staff and labeling applicants.1 Finally, 

the scope of the proposed rule does not 

include appeals of Agency responses to 

requests made under the Freedom of 

Information Act (FOIA) (5 U.S.C. 552, et 

seq.; 9 CFR 390.7), as this Federal 

statute prescribes procedural 

requirements for such appeals. 

Unified Time Period Requirement for 

Appeals 

FSIS is proposing to require that 

initial appeals of Agency decisions or 

actions related to inspection activities 

be filed within 30 calendar days of the 

appellant’s receipt of notification of the 

decision or action. This change will 

streamline and harmonize the appeals 

process by establishing a unified time 

period requirement for relevant Agency 

decisions or actions. The uniform time 

period requirement will further benefit 

certain appellants, as it will lengthen 

the amount of time the FSIS regulations 

currently prescribes for filing an appeal 

of specified types of decisions or 

actions. Specifically, the prescribed 

time period will lengthen for decisions 

or actions related to the cancellation of 

pre-stamping privileges for imported 

meat and poultry products (9 CFR 

327.10(d)(2), 381.204(f)(2)), refused 

entry for imported poultry products (9 

CFR 381.202(d)),2 appeals of voluntary 

inspection of rabbits and products 

thereof (9 CFR 354.134), and poultry 

products inspection decisions or actions 

(9 CFR 381.35). Finally, establishing a 

time period requirement for appeals of 

inspection decisions or actions will 

increase the likelihood that relevant 

physical evidence, as well as directly 

involved personnel, will remain 

available during consideration of the 

initial appeal of the contested decision 

or action. 

The time period for any subsequent 

appeal will be provided in the response 

to the initial appeal. The Agency’s 

response to subsequent appeals will 

indicate when the Agency’s decision 

will constitute final agency action. 

FSIS is proposing that this 30-day 

time period requirement for initial 

appeals would be set forth in a new 

subsection of the FSIS Rules of Practice. 

Executive Orders 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 

benefits, 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 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. 

Economic Impact Analysis 

The proposed rule is expected to 

economically benefit industry by 

providing a harmonized, streamlined 

appeals process. Consolidating the 

inspection appeals procedures from 

multiple subsections of the CFR, 

simplifying the process, eliminating 

charges for frivolous appeals, and 

setting a uniform time period 

requirement would reduce the 

regulatory burden placed on industry. 

Similarly, clarifying and simplifying 

Agency inspection appeals procedures 

is expected to benefit the Agency by 

reducing inefficiencies and facilitating 

better use of Agency personnel and 

resources. The proposed actions would 

also increase the likelihood that relevant 

physical evidence, as well as directly 

involved personnel, would be available 

during the appeals process. 

The proposed uniform time period 

requirement is not expected to increase 

industry’s labor or capital costs. 

Currently, the majority of appeals of 

FSIS decisions or actions related to 

inspection activities mandated under 

the FMIA, PPIA, and EPIA are filed 

within several months of the appellant’s 

notification of the contested decision or 

action. For example, between April 

2016 and March 2018, the Agency 

received 1,301 appeals from official 

establishments subject to Federal 

inspection to contest Noncompliance 

Records issued to address findings of 

regulatory violations. Of these appeals, 

sixty-two (62) percent were filed within 

30 calendar days, thirty (30) percent 

were filed between 31 and 180 calendar 

days, and eight (8) percent were filed 

after 180 calendar days. Further, the 

proposed time period requirement will 

lengthen the amount of time that an 

appeal may be filed for certain types of 

Agency decisions or actions. Therefore, 

the proposed uniform time period 

requirement would encourage the 

timely filing of appeals without 

imposing substantial cost burdens on 

current industry practices. 

Regulatory Flexibility Act 

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, as 

defined by the Regulatory Flexibility 

Act (5 U.S.C. 601, et seq.). The proposed 

rule is not expected to increase costs to 

the industry. The proposed rule may 

provide some cost savings to industry 

related to the uniform filing of appeals 

of certain Agency decisions or actions, 

but any benefits with the proposed rule 

would not be significant. FSIS is also 

requesting comment from industry on 

the expected benefits of this proposed 

uniform appeals process. 

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 E.O. 12988, Civil Justice Reform. 

Under this rule: (1) All State and local 

laws and regulations that are 


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Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Proposed Rules 37253 

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 

E.O. 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. 

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 an action 

may have a significant environmental 

effect (7 CFR 1b.4 (b)). 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, which would establish a 

uniform time period requirement for the 

filing of appeals of certain Agency 

inspection decisions or actions, and 

clarify and simplify appeals procedures 

generally, will not create any 

extraordinary circumstances that would 

result in this normally excluded action 

having a significant individual or 

cumulative effect on the human 

environment. Therefore, this action is 

appropriately subject to the categorical 

exclusion from the preparation of an 

environmental assessment or 

environmental impact statement 

provided under 7 CFR 1b.4(6) of the 

U.S. Department of Agriculture 

regulations. 

Congressional Review Act 

Pursuant to the Congressional Review 

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

Information and Regulatory Affairs has 

determined that this notice 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: https://

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

FSIS will also announce and provide 

a link 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 

9 CFR Part 327 

Imported products. 

9 CFR Part 351 

Certification of technical animal fats 

for export. 

9 CFR Part 354 

Voluntary inspection of rabbits and 

edible products thereof. 

9 CFR Part 355 

Certified products for dogs, cats, and 

other carnivora; inspection, 

certification, and identification as to 

class, quality, quantity, and condition. 

9 CFR Part 381 

Poultry products inspection 

regulations. 

9 CFR Part 500 

Rules of practice. 

9 CFR Part 592 

Voluntary inspection of egg products. 

For the reasons set forth in the 

preamble, FSIS is proposing to amend 9 

CFR parts 327, 351, 354, 355, 381, 500, 

and 592 as follows: 


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37254 Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Proposed Rules 

PART 327—IMPORTED PRODUCTS 

■ 1. The authority citation for part 327 

continues to read as follows: 

Authority: 21 U.S.C. 601–695; 7 CFR 2.18, 

2.53. 

■ 2. Revise § 327.10 paragraph (d)(2) to 

read as follows: 

§ 327.10 Samples; inspection of 

consignments; refusal of entry; marking. 

* * * * * 

(d) * * * 

(2) An official import establishment’s 

controlled pre-stamping privilege may 

be cancelled orally or in writing by the 

inspector or other Agency employee 

who is supervising its enforcement 

whenever the employee finds that the 

official import establishment has failed 

to comply with the provisions of this 

part or any conditions imposed 

pursuant thereto. If the cancellation is 

oral, the decision or action and the 

reasons therefor will be confirmed in 

writing, as promptly as circumstances 

allow. Any person whose controlled 

pre-stamping privilege has been 

cancelled may appeal the decision or 

action in accordance with 9 CFR 500.9. 

The appeal must state all of the facts 

and reasons upon which the person 

relies to show that the controlled prestamping privilege was wrongfully 

cancelled. 

* * * * * 

■ 3. Revise § 327.24 to read as follows: 

§ 327.24 Appeals; how made. 

Any appeal of a decision or action of 

any program employee will be made to 

his/her immediate supervisor having 

responsibility over the subject matter of 

the appeal in accordance with 9 CFR 

500.9. 

PART 351—CERTIFICATION OF 

TECHINCAL ANIMAL FATS FOR 

EXPORT 

■ 4. The authority citation for part 351 

continues to read as follows: 

Authority: 7 U.S.C. 1622, 1624; 7 CFR 2.17 

(g) and (i), 2.55. 

■ 5. Revise § 351.21 to read as follows: 

§ 351.21 Certification of certain animal fat 

for export. 

Any person receiving inspection 

service may, if dissatisfied with any 

decision of an inspector relating to any 

inspection, file an appeal from such 

decision or action in accordance with 9 

CFR 500.9. 

PART 354—VOLUNTARY INSPECTION 

OF RABBITS AND EDIBLE PRODUCTS 

THEREOF 

■ 6. 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. 

■ 7. Revise § 354.134 to read as follows: 

§ 354.134 Appeal inspections; how made. 

Any person receiving inspection 

service may, if dissatisfied with any 

decision of an inspector relating to any 

inspection, file an appeal from such 

decision or action in accordance with 9 

CFR 500.9. 

PART 355—CERTIFIED PRODUCTS 

FOR DOGS, CATS, AND OTHER 

CARNIVORA; INSPECTION, 

CERTIFICATION, AND 

IDENTIFICATION AS TO CLASS, 

QUALITY, QUANTITY, AND CONDITION 

■ 8. The authority citation for part 355 

continues to read as follows: 

Authority: 7 U.S.C. 1622, 1624; 7 CFR 2.17 

(g) and (i), 2.55. 

■ 9. Revise § 355.39 to read as follows: 

§ 355.39 Appeals from decisions made 

under this part. 

Any person receiving inspection 

service may, if dissatisfied with any 

decision or action of an inspector or 

other Agency employee relating to any 

inspection, file an appeal from such 

decision or action in accordance with 9 

CFR 500.9. 

PART 381—POULTRY PRODUCTS 

INSPECTION REGULATIONS 

■ 10. 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. 

■ 11. Revise § 381.35 to read as follows: 

§ 381.35 Appeal inspections; how made. 

Any person receiving inspection 

service may, if dissatisfied with any 

decision or action of an inspector or 

other Agency employee relating to any 

inspection, file an appeal from such 

decision or action in accordance with 9 

CFR 500.9. 

■ 12. Revise § 381.202 paragraph (d) to 

read as follows: 

§ 381.202 Poultry products offered for 

entry; reporting of findings to customs; 

handling of articles refused entry; appeals, 

how made; denaturing procedures. 

* * * * * 

(d) Any person receiving inspection 

service may, if dissatisfied with any 

decision or action of an inspector or 

other Agency employee relating to any 

inspection, file an appeal from such 

decision or action in accordance with 9 

CFR 500.9. The poultry or poultry 

products involved in any appeal must 

be identified by U.S. retained tags and 

segregated in a manner approved by the 

inspector or other Agency employee 

pending completion of an appeal 

inspection. 

* * * * * 

■ 13. Revise § 381.204 paragraph (f)(2) 

to read as follows: 

§ 381.204 Marking of poultry products 

offered for entry; official import inspection 

marks and devices. 

* * * * * 

(f) * * * 

* * * * * 

(2) An official import establishment’s 

controlled pre-stamping privilege may 

be cancelled orally or in writing by the 

inspector or other Agency employee 

who is supervising its enforcement 

whenever the employee finds that the 

official import establishment has failed 

to comply with the provisions of this 

part or any conditions imposed 

pursuant thereto. If the cancellation is 

oral, the decision or action and the 

reasons therefor will be confirmed in 

writing, as promptly as circumstances 

allow. Any person whose controlled 

pre-stamping privilege has been 

cancelled may appeal the decision or 

action in accordance with 9 CFR 500.9. 

The appeal must state all of the facts 

and reasons upon which the person 

relies to show that the controlled prestamping privilege was wrongfully 

cancelled. 

* * * * * 

PART 500—RULES OF PRACTICE 

■ 14. The authority citation for part 500 

continues to read as follows: 

Authority: 21 U.S.C. 451–470, 601–695; 

1031–1056; 7 U.S.C. 450, 1901–1906; (33 

U.S.C. 1251 et seq.); 7 CFR 2.18, 2.53. 

■ 15. In § 500.1 revise paragraph (c) and 

add paragraph (d) to read as follows: 

§ 500.1 Definitions. 

* * * * * 

(c) A ‘‘suspension’’ is an interruption 

in the assignment of program employees 

to all or part of an establishment; and 

(d) An establishment subject to 

Federal inspection or facility receiving 

voluntary inspection services under the 

regulations is ‘‘adversely affected’’ when 

that person has a legally cognizable 

interest, and the decision or action has 

caused or is substantially likely to cause 

injury to that interest. 

* * * * * 

■ 16. Add § 500.9 to read as follows: 


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Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Proposed Rules 37255 

§ 500.9 Procedures for the filing of initial 

appeals. 

(a) Any establishment subject to 

Federal inspection or facility under 

voluntary inspection and adversely 

affected by a decision or action of an 

inspector or other Agency employee 

related to an inspection activity 

mandated under the FMIA, PPIA, or 

EPIA or related to voluntary 

reimbursable inspection services 

allowed under the AMA may appeal the 

decision or action. Such initial appeal 

must be made within 30 calendar days 

after receipt of notification of the 

originating contested decision or action. 

It may be supported by any argument or 

evidence that the appellant may wish to 

offer as to why the contested decision or 

action should be reconsidered. 

(b) Any appeal of a decision or action 

of an inspector or other Agency 

employee shall be made to his/her 

immediate supervisor having 

jurisdiction over the subject matter of 

the appeal. 

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. 

■ 18. Revise § 592.400 to read as 

follows: 

§ 592.400 How to file an appeal. 

Any person receiving inspection 

service may, if dissatisfied with any 

decision or action of an inspector or 

other Agency employee relating to any 

inspection, file an appeal from such 

decision or action in accordance with 9 

CFR 500.9. 

§§ 592.410 through 592.440 [Removed] 

■ 19. Remove §§ 592.410 through 

592.440. 

Done in Washington, DC. 

Paul Kiecker, 

Administrator. 

[FR Doc. 2021–14947 Filed 7–14–21; 8:45 am] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0569; Project 

Identifier MCAI–2020–01692–T] 

RIN 2120–AA64 

Airworthiness Directives; Dassault 

Aviation Airplanes 

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 

Dassault Aviation Model FALCON 7X, 

FALCON 900EX, and FALCON 2000EX 

airplanes. This proposed AD was 

prompted by a report of a manufacturing 

issue involving misalignment of a cabin 

seat pin and plate that can prevent the 

recline locking mechanism from 

properly engaging when the seat is in 

taxi, take-off, or landing position. This 

proposed AD would require an 

inspection of certain cabin seats for 

discrepancies and corrective action, as 

specified in a European Union Aviation 

Safety Agency (EASA) AD, which is 

proposed for incorporation by reference. 

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 August 30, 

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 EASA material that will be 

incorporated by reference (IBR) in this 

AD, contact EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; 

telephone +49 221 8999 000; email 

ADs@easa.europa.eu; internet 

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

IBR material on the EASA website at 

https://ad.easa.europa.eu. You may 

view this IBR material at the FAA, 

Airworthiness Products Section, 

Operational Safety Branch, 2200 South 

216th St., Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. 

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– 

0569. 

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– 

0569; 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. 

FOR FURTHER INFORMATION CONTACT: Tom 

Rodriguez, Aerospace Engineer, Large 

Aircraft Section, International 

Validation Branch, FAA, 2200 South 

216th St., Des Moines, WA 98198; 

telephone and fax 206–231–3226; email 

tom.rodriguez@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–2021–0569; Project Identifier 

MCAI–2020–01692–T’’ 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 the 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 proposed 

AD. 

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 


khammond on DSKJM1Z7X2PROD with PROPOSALS