[Federal Register: October 6, 2006 (Volume 71, Number 194)]
[Rules and Regulations]
[Page 59005-59006]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06oc06-1]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
[[Page 59005]]
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Parts 307 and 381
[Docket No. FSIS-2006-0026]
Facilities for Inspection
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Notification of requirements for facilities and conditions for
inspection; space for satellite dishes.
-----------------------------------------------------------------------
SUMMARY: The Food Safety and Inspection Service (FSIS) is publishing
this notice to inform federally-inspected meat and poultry
establishments that the Agency has determined that, under certain
circumstances, the installation of a satellite dish on establishment
premises by the Agency is essential to the efficient conduct of
inspection. FSIS is also advising these establishments that, where
these circumstances exist, FSIS expects that the establishments will
provide space on their premises for FSIS to install a satellite dish.
Because the use of information technology has become an integral part
of FSIS' inspection process, FSIS has determined that inspection
personnel must have reliable, high-speed Internet access to more
efficiently and effectively perform their duties. The Agency intends to
use satellite technology to provide high-speed Internet access to
inspection personnel in approximately 2000 establishments nationwide.
DATES: Effective October 3, 2006.
FOR FURTHER INFORMATION CONTACT: Dr. Kenneth Petersen, Assistant
Administrator, Office of Field Operations; Telephone (202) 720-8803, e-
mail: kenneth.petersen@fsis.usda.gov.
SUPPLEMENTARY INFORMATION: As a public health regulatory agency with a
geographically dispersed workforce, FSIS relies on information
technology to help carry out its mission of ensuring that meat, poultry
and egg products are safe, wholesome, and correctly labeled. More than
7,600 FSIS inspection personnel conduct their duties in over 6,500
meat, poultry, and egg product establishments located throughout the
United States and U.S. territories. Many of these establishments are
small businesses located in remote, rural areas. Thus, to enhance
communication among all FSIS personnel and to assist inspection
personnel to conduct their duties more efficiently, FSIS has
incorporated the use of information technology into the inspection
process.
As part of the inspection process, FSIS inspection personnel use
information technology (IT) systems developed by the Agency to record
and report information about their daily food safety, food defense, and
humane handling verification activities. In addition, inspection
personnel rely on Agency IT systems to track the status of product
samples that they have collected as part of their verification
activities and submitted to an FSIS laboratory for analysis. FSIS IT
systems permit inspection personnel to electronically access and
retrieve documents that contain information that they need to properly
perform their inspection duties, such as FSIS regulations, directives,
notices, and technical references. Agency IT systems also permit
inspection personnel to participate in computer-based on-line training
and allow them to obtain timely updates to inspection-related computer
applications, such as the performance-based inspection system (PBIS)
and electronic animal disposition reporting system (eADRS)
applications.
As described above, FSIS' IT systems have been effective in
assisting inspection personnel to conduct their inspection activities
more efficiently. However, because access to most Agency IT systems
requires that the user connect to the Internet, these systems are most
effective when inspection personnel have reliable high-speed Internet
access (also referred to as ``broadband''). Therefore, as part of its
ongoing effort to develop and upgrade its IT systems, FSIS is working
to provide all of its inspection personnel with high-speed Internet
access.
FSIS has made, and continues to make, progress in replacing the
dial-up connections used by inspection personnel in the field with
high-speed telecommunication lines. However, not all establishments are
located in areas that have ready access to high-speed Internet service.
Several meat and poultry establishments are located in remote, rural
areas that are outside of the nearest land-based Internet provider's
coverage area. For inspectors assigned to establishments in these
areas, the best option for obtaining broadband access is through
satellite Internet because it can be accessed regardless of where the
user is located. In addition, broadband satellite is also the most
appropriate option for providing high-speed Internet to inspectors in
certain areas that also have access to broadband technologies other
than satellite because broadband satellite has lower on-going monthly
costs and a much greater coverage area.
Therefore, to ensure that all inspection personnel have access to a
high-speed Internet connection, FSIS has decided to provide satellite
Internet to inspection personnel assigned to approximately 2000
establishments nationwide. Close to 700 of these establishments are
located in remote, rural areas that do not have access to other
broadband technologies. The remaining sites are in areas that have
access to other Internet technologies but where broadband satellite is
the most appropriate option because of its lower cost and greater
coverage.
To obtain satellite Internet service, the Agency must first install
a satellite dish on the outside premises of establishments where it
intends to use this technology. In circumstances where FSIS has decided
to use broadband satellite technology, the Agency expects meat and
poultry establishments to provide space on establishment premises for
the Agency to install a satellite dish pursuant to two FSIS
regulations, 9 CFR 307.1 and 9 CFR 381.36.
The regulations in 9 CFR part 307 and 9 CFR subpart G prescribe
facilities that official meat and poultry establishments must provide
for inspection. 9 CFR 307.1 and 9 CFR 381.36(a) of these regulations
require that meat and poultry establishments provide office space rent
free for government personnel to use for official purposes. These
regulations also describe the conditions required for this space. The
meat inspection regulations at 9 CFR
[[Page 59006]]
307.2 prescribe additional facilities and conditions that
establishments must provide for inspection.
Under 9 CFR 307.2, FSIS may require such other facilities and
conditions ``as may be found to be essential to efficient conduct of
inspection.'' Because inspection personnel must have high-speed
Internet access to efficiently perform their duties, FSIS has
determined that, in circumstances where the Agency intends to use
satellite technology to establish broadband Internet access, space for
the Agency to install a satellite dish on the establishment premises is
a condition that is essential to efficient conduct of inspection as
provided in 9 CFR 307.2. 9 CFR 381.36(a) states that establishments are
required to provide ``[o]ffice space, including, but not being limited
to, furnishings, light, heat, and janitor service''. In addition, 9 CFR
381.36(a) requires that this office space meet the approval of FSIS.
Thus, under 9 CFR 381.36(a), the Agency has discretion to identify the
facilities and conditions that establishments are required to furnish
as part of the office space that they must provide for inspection. FSIS
has determined that, in circumstances where the Agency intends to use
broadband satellite to establish a high-speed Internet connection,
space for FSIS to install a satellite dish on the establishment
premises is a reasonable adjunct to the office space that
establishments are required to provide under 9 CFR 381.36(a).
This action will not impose any costs on establishments where FSIS
must install a satellite dish to establish high-speed Internet access.
FSIS will pay for all equipment and installation of the satellite
service. Because the satellite dish will be installed in close
proximity to the government office, the establishment will not lose the
use of its physical plant to any cognizable degree.
FSIS will provide notice to the specific establishments at which it
intends to install a satellite dish before obtaining satellite service.
Additional Public Notification
Public awareness of all segments of rulemaking and policy
development is important. Consequently, in an effort to ensure that the
public and in particular minorities, women, and persons with
disabilities, are aware of this notice, FSIS will announce it on-line
through the FSIS Web page located at http://www.fsis.usda.gov/regulations_&_policies/2006_Notices_Index/index.asp
.
The Regulations.gov Web site is the central online rulemaking
portal of the United States government. It is being offered as a public
service to increase participation in the Federal government's
regulatory activities. FSIS participates in Regulations.gov and will
accept comments on documents published on the site. The site allows
visitors to search by keyword or Department or Agency for rulemakings
that allow for public comment. Each entry provides a quick link to a
comment form so that visitors can type in their comments and submit
them to FSIS. The Web site is located at http://www.regulations.gov.
FSIS also will make copies of this Federal Register publication
available through the FSIS Constituent Update, which is used to provide
information regarding FSIS policies, procedures, regulations, Federal
Register notices, FSIS public meetings, recalls, and other types of
information that could affect or would be of interest to our
constituents and stakeholders. The update is communicated via Listserv,
a free e-mail subscription service consisting of industry, trade, and
farm groups, consumer interest groups, allied health professionals,
scientific professionals, and other individuals who have requested to
be included. The update also is available on the FSIS Web page. Through
Listserv and the Web page, FSIS is able to provide information to a
much broader, more diverse audience.
In addition, FSIS offers an e-mail 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/news_and_events/email_subscription/.
Options range from recalls to
export information to regulations, directives and notices. Customers
can add or delete subscriptions themselves and have the option to
password protect their account.
Done in Washington, DC, October 3, 2006.
Barbara J. Masters,
Administrator.
[FR Doc. E6-16610 Filed 10-5-06; 8:45 am]
BILLING CODE 3410-DM-P