37994 Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Notices 

1https://www.usda.gov/oig/audit-reports/fsisrulemaking-process-proposed-rule-modernizationswine-slaughter-inspection. 

2On March 31, 2021, the U.S. District Court for 

the District of Minnesota vacated a portion of the 

NSIS final rule. The Court found that FSIS violated 

the Administrative Procedure Act because it asked 

for comments on the impact of line speed increases 

on worker safety in the proposed rule but did not 

consider these comments in the final rule. The 

Court vacated the final rule only insofar as it 

eliminated the maximum line speed cap for NSIS 

establishments. The other provisions of the final 

rule were not affected by the Court’s decision. 

3The HACCP-Based Inspection Models Project, or 

HIMP, was a pilot program for modernized poultry 

and swine inspection, data from which informed 

the New Poultry Inspection System and NSIS 

rulemakings. 

Federal Assistance Programs 

The title and number of the Federal 

assistance programs, as found in the 

Catalog of Federal Domestic Assistance, 

to which this document applies is 

10.138—Pandemic Livestock Indemnity 

Program. 

USDA Non-Discrimination Policy 

In accordance with Federal civil 

rights law and U.S. Department of 

Agriculture (USDA) civil rights 

regulations and policies, 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 or 

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 (for example, 

braille, large print, audiotape, American 

Sign Language, etc.) should contact the 

responsible Agency or USDA TARGET 

Center at (202) 720–2600 or 844–433– 

2774 (toll-free nationwide). 

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 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 mail to: U.S. Department of 

Agriculture, Office of the Assistant 

Secretary for Civil Rights, 1400 

Independence Avenue SW, Washington, 

DC 20250–9410 or email: OAC@

usda.gov. 

USDA is an equal opportunity 

provider, employer, and lender. 

Zach Ducheneaux, 

Administrator, Farm Service Agency. 

[FR Doc. 2021–15295 Filed 7–16–21; 8:45 am] 

BILLING CODE 3410–05–P 

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

[Docket No. FSIS–2020–0023] 

Response to the Office of Inspector 

General’s Recommendations on the 

Rulemaking Process for the Proposed 

Rule Modernization of Swine Slaughter 

Inspection 

AGENCY: Food Safety and Inspection 

Service, USDA. 

ACTION: Notice. 

SUMMARY: The Food Safety and 

Inspection Service (FSIS) is responding 

to two recommendations from the 

USDA Office of Inspector General (OIG) 

regarding the Agency’s rulemaking 

process for the proposed rule entitled 

Modernization of Swine Slaughter 

Inspection, that included the proposal 

to establish the New Swine Slaughter 

Inspection System (NSIS). 

FOR FURTHER INFORMATION CONTACT: 

Rachel Edelstein, Assistant 

Administrator, Office of Policy and 

Program Development, telephone: (202) 

205–0495. 

SUPPLEMENTARY INFORMATION: 

Background 

FSIS is providing information to 

further address two recommendations 

from the recent USDA OIG Final 

Inspection Report, FSIS Rulemaking 

Process for the Proposed Rule: 

Modernization of Swine Slaughter 

Inspection (Inspection Report 24801– 

0001–41, June 23, 2020),1 both 

concerning the presentation of data in a 

preliminary worker safety analysis that 

FSIS conducted when developing the 

proposed rule.2 FSIS already responded 

to the two recommendations and the 

responses were printed in the OIG 

report (available at https://

www.usda.gov/sites/default/files/auditreports/24801-0001-41.pdf). OIG did not 

fully accept the FSIS responses, 

however, and requested further 

clarification about the data in a public 

document. 

In its final report, OIG recommended 

(Recommendation #2) that FSIS 

communicate to the public the correct 

scope of data used in the FSIS 

preliminary worker safety analysis. 

Specifically, OIG found a typographical 

error in the sentence in the proposed 

rule that states, ‘‘FSIS compared inestablishment injury rates between 

HACCP-Based Inspection Models 

Project (HIMP) establishments and 

traditional establishments from 2002 to 

2010’’ (83 FR 4796). OIG pointed out in 

its report that for the preliminary 

worker safety analysis, FSIS also 

examined CY 2011 results for 5 of 24 

traditional establishments, which were 

outside of its stated scope of CYs 2002 

to 2010. 

FSIS has acknowledged the 

typographical error in discussions with 

OIG and noted that it did not affect the 

conclusions of the analysis or have any 

bearing on its ability to be understood. 

Regardless of what time span is used, 

from 2002 to 2010 or from 2002 to 2011, 

both show that HIMP 3 establishments 

had lower mean injury rates than nonHIMP establishments. In addition, this 

OIG recommendation was addressed in 

the publication of the final rule to 

modernize swine inspection (84 FR 

52300), where FSIS included a link (84 

FR 52305) to its Electronic Freedom of 

Information Act Reading Room, which 

contains documents that show FSIS’ full 

analysis of worker injury data. 

OIG also recommended 

(Recommendation #3) that FSIS 

communicate to the public two 

limitations of the Occupational Safety 

and Health Administration (OSHA) data 

used for FSIS’ analysis. While the 

Agency used the best publicly available 

data and requested from the public 

additional data resources on injuries in 

swine establishments, OIG contended 

that these two limitations should have 

been discussed in the proposed or final 

rules. Specifically, OIG stated that (1) 

the OSHA data the agency used in its 

analysis of the 29 establishments did 

not include injury and illness rates for 

all establishments for each of the 10 

years, and (2) the OSHA data used did 

not differentiate whether injuries/ 

illnesses occurred on the swine 

slaughter line or elsewhere within the 

establishment. 

FSIS is publishing OIG’s two 

observations about the data used in the 

preliminary worker safety analysis in 

response to OIG’s recommendation to 

communicate these observations to the 

public. Importantly, FSIS did not 

develop the preliminary worker safety 


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Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Notices 37995 

1The March 3, 2017 Constituent Update is 

located at: https://www.fsis.usda.gov/news-events/ 

news-press-releases/constituent-update-march-3- 

2017. 

2 FSIS Compliance Guideline for Minimizing the 

Risk of Shiga Toxin-Producing Escherichia coli 

(STEC) in Raw Beef (including Veal) Processing 

Operations can be found at: https://

www.govinfo.gov/app/details/FR-2017-09-06/2017- 

18847. 

analysis as a basis for the NSIS 

rulemaking, to draw conclusions on 

worker safety in HIMP or non-HIMP 

establishments, or to determine whether 

there is an associated impact on food 

safety. Had FSIS developed the analysis 

for any of these reasons, it would have 

more thoroughly addressed data 

limitations and uncertainty, as 

recommended by OIG. 

Instead, FSIS published the 

preliminary worker safety analysis 

solely to solicit comments for use by 

OSHA and the National Institute for 

Occupational Safety and Health 

(NIOSH) in examining worker safety in 

swine slaughter establishments. OSHA 

and NIOSH are the Federal agencies 

with jurisdiction over meat and poultry 

establishment worker safety. Notably, 

FSIS stated this immediately following 

the discussion of the preliminary 

analysis in the preamble to the proposed 

rule (83 FR 4796): 

FSIS is requesting comments on the effects 

of faster line speeds on worker safety. 

Specifically, FSIS is requesting comments on 

whether line speeds for the NSIS should be 

set at the current regulatory limit of 1,106 

hph or some other number. The Agency is 

also interested in comments on the 

availability of records or studies that contain 

data that OSHA or the National Institute for 

Occupational Safety and Health (NIOSH) 

may be able to use in analyzing the effects 

of increased line speed on the safety and 

health of employees throughout the 

establishment, including effects prior to and 

following the evisceration line. 

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 

announce this Federal Register 

publication online through the FSIS 

web page located at: https://

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

FSIS also will 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. 

Done at Washington, DC. 

Paul Kiecker, 

Administrator. 

[FR Doc. 2021–15291 Filed 7–16–21; 8:45 am] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

[Docket No. FSIS–2018–0033] 

Availability of Two Revised Guidelines 

for Minimizing the Risk of Shiga ToxinProducing Escherichia Coli (STEC) in 

Beef Slaughter and Processing 

Operations 

AGENCY: Food Safety and Inspection 

Service, Agriculture (USDA). 

ACTION: Notice of availability and 

response to comments. 

SUMMARY: The Food Safety and 

Inspection Service (FSIS) is announcing 

that it has updated two of its guidelines 

for minimizing the risk of Shiga toxinproducing Escherichia coli (STEC) in 

beef slaughter (including veal) and 

processing operations. Additionally, 

FSIS is responding to comments on the 

guidelines. 

ADDRESSES: Downloadable versions of 

the guidelines are available to view and 

print at https://www.fsis.usda.gov/wps/ 

portal/fsis/topics/regulatorycompliance/guidelines. No hard copies 

of the guidelines have been published. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Edelstein, Assistant 

Administrator, Office of Policy and 

Program Development by telephone at 

(202) 205–0495. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 3, 2017, FSIS announced in 

the Constituent Update 1 the availability 

of the FSIS Compliance Guideline for 

Minimizing the Risk of Shiga Toxinproducing Escherichia coli (STEC) and 

Salmonella in Beef (including Veal) 

Slaughter Operations (hereafter referred 

to as the beef slaughter guideline). On 

September 6, 2017, FSIS announced in 

the Federal Register the availability of 

the FSIS Compliance Guideline for 

Minimizing the Risk of Shiga ToxinProducing Escherichia coli (STEC) in 

Raw Beef (including Veal) Processing 

Operations (hereafter referred to as the 

beef processing guideline).2 FSIS 

published these guidelines to advise 

small and very small establishments on 

the best practices for beef slaughter and 

processing to prevent, eliminate, or 


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