[Federal Register Volume 60, Number 70 (Wednesday, April 12, 1995)]
[Proposed Rules]
[Pages 18551-18552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8938]
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Proposed Rules
Federal Register
________________________________________________________________________
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.
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Federal Register / Vol. 60, No. 70 / Wednesday, April 12, 1995 /
Proposed Rules
[[Page 18551]]
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 391
[Docket No. 95-004P]
Fee Increase for Inspection Services
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: The Food Safety and Inspection Service (FSIS) is proposing to
amend the Federal meat and poultry products inspection regulations to
increase the fees charged by FSIS to provide overtime and holiday
inspection, voluntary inspection, identification, certification, or
laboratory services to meat and poultry establishments, importers, and
exporters. The proposed fees reflect the increased costs of providing
these services which are primarily due to the 1995 Federal salary
increases allocated by Congress under the Federal Employees Pay
Comparability Act of 1990.
DATES: Comments must be received on or before May 12, 1995.
ADDRESSES: Submit written comments in triplicate to Diane Moore, FSIS
Docket Clerk, Room 3171, South Agriculture Building, Food Safety and
Inspection Service, U.S. Department of Agriculture, Washington, DC
20250-3700. All comments should refer to Docket Number 95-004P. Oral
comments as provided under the Poultry Products Inspection Act should
be directed to Mr. William L. West, at (202) 720-3367. Any person
desiring an opportunity for oral presentation of views as provided
under the Poultry Products Inspection Act must make such request to Mr.
West so that arrangements may be made for such views to be presented. A
record will be made of all views orally presented. All comments
submitted in response to this proposal will be available for public
inspection in the FSIS Docket Room from 9 a.m. to 12:30 p.m. and from
1:30 p.m. to 4 p.m., Monday through Friday, except holidays.
FOR FURTHER INFORMATION CONTACT: Mr. William L. West, Director, Budget
and Finance Division, Administrative Management, Food Safety and
Inspection Service, U.S. Department of Agriculture, Washington, DC
20250-3700, (202) 720-3367.
SUPPLEMENTARY INFORMATION:
Background
The Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and the
Poultry Products Inspection Act (21 U.S.C. 451 et seq.) provide for
mandatory inspection by Federal inspectors of meat and poultry
slaughtered and/or processed at official establishments. Such
inspection is required to ensure the safety, wholesomeness, and proper
labeling of meat and poultry products. The costs of mandatory
inspection (excluding such services performed on holidays or on an
overtime basis) are borne by FSIS.
In addition to mandatory inspection, FSIS provides a range of
voluntary inspection and certification services (9 CFR 350.7, 351.8,
351.9, 352.5, 354.101, 355.12, and 362.5). The costs of voluntary
inspection are totally recoverable by the Federal Government. These
services, set forth in Subchapter B--Voluntary Inspection and
Certification Service, are provided under the Agricultural Marketing
Act of 1946, as amended (7 U.S.C. 1621 et seq.) to assist in the
orderly marketing of various animal products and byproducts not subject
to the Federal Meat Inspection Act or the Poultry Products Inspection
Act.
Each year, the fees charged by FSIS for voluntary inspection
services provided to operators of official meat and poultry
establishments, importers, or exporters are reviewed and a cost
analysis1 is performed to determine whether such fees are adequate
to recover the costs FSIS incurs in providing the services. The fees
charged are for overtime and holiday inspection, voluntary inspection,
identification, certification, or laboratory services.
\1\The cost analysis is on file with the FSIS Docket Clerk.
Copies may be requested free of charge from the FSIS Docket Clerk,
Room 3171, South Agriculture Building, Food Safety and Inspection
Service, U.S. Department of Agriculture, Washington, DC 20250-3700.
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Based on the projected Fiscal Year 1995 cost analysis, FSIS is
increasing the fees for voluntary services. These increased costs are
attributable to the average FSIS national and locality pay raise of 3.2
percent for Federal employees effective January 1995; the increasing
number of employees covered by the Federal Employees Retirement System
and are subject to the Federal Insurance Contributions Act tax; and
increased health insurance costs.
FSIS is proposing to increase the fees charged for overtime and
holiday inspection, voluntary inspection, identification, certification
and laboratory services to meat and poultry establishments.
Section 307.5 of the Federal meat inspection regulations (9 CFR
307.5) provides that FSIS shall be reimbursed for the cost of meat
inspection on holidays or on an overtime basis at the rate specified in
9 CFR 391.3, currently $31.80 per hour, per program employee.
Similarly, 9 CFR 381.38 of the poultry products inspection regulations
provides that FSIS shall be reimbursed for the cost of poultry
inspection on holidays or on an overtime basis at the rate specified in
9 CFR 391.3, currently $31.80 per hour, per program employee. FSIS is
proposing to increase the fee set forth in Sec. 391.3 to $32.96 per
hour, per program employee.
The base time rate for providing voluntary inspection and
certification services is currently $31.12 per hour, per program
employee, as specified in Sec. 391.2. The overtime and holiday rate for
voluntary inspection services is currently $31.80 per hour, per program
employee, as specified in Sec. 391.3. As stated above, these fees would
be increased to $31.92 per hour and $32.96 per hour, per program
employee, respectively.
The rate for laboratory services is currently $52.04 per hour, per
program employee, as specified in Sec. 391.4. FSIS is proposing to
increase the fee set forth in section 391.4 to $52.92 per hour, per
program employee.
Executive Order 12866
This proposed rule has been determined to be significant and was
reviewed by the Office of Management and Budget (OMB) under Executive
Order 12866. The proposed fee [[Page 18552]] increases reflect the
increased costs of providing certain inspection services due primarily
to the 1995 increase in salaries of Federal employees allocated by
Congress under the Federal Employees Pay Comparability Act of 1990.
Because FSIS is required to recover the reimbursable portion of the
increase in employee salaries, FSIS is only providing a 30-day comment
period for this proposed rule.
Executive Order 12778
This proposed rule has been reviewed under Executive Order 12778,
Civil Justice Reform. This proposed rule is intended to have preemptive
effect with respect to any State or local laws, regulations or policies
which conflict with its provisions or which would otherwise impede its
full implementation. This proposed rule is not intended to have
retroactive effect. Prior to any judicial challenge to the provisions
of this proposed rule, all applicable administrative procedures must be
exhausted. Under the Federal Meat and Poultry Products Inspection Acts,
the administrative procedures are set forth in 7 CFR part 1.
Effect on Small Entities
The Administrator, Food Safety and Inspection Service, has
determined that this action will 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). The fees provided for in this document
will reflect a minimal increase in the costs currently borne by those
entities which elect to utilize certain inspection services.
List of Subjects in 9 CFR Part 391
Fees and charges, Meat inspection, Poultry products inspection.
For the reasons set out in the preamble, 9 CFR part 391 is proposed
to be amended as set forth below.
PART 391--FEES AND CHARGES FOR INSPECTION SERVICES
1. The authority citation for part 391 would continue to read as
follows:
Authority: 21 U.S.C. 601 et seq., 460 et seq.; 7 CFR 2.17(g) and
(i), 2.55; 7 U.S.C. 394, 1622, and 1624.
2. Sections 391.2, 391.3, and 391.4 would be revised to read as
follows:
Sec. 391.2 Base time rate.
The base time rate for inspection services provided pursuant to
Secs. 350.7, 351.8, 351.9, 352.5, 354.101, 355.12, and 362.5 shall be
$31.92 per hour, per program employee.
Sec. 391.3 Overtime and holiday rate.
The overtime and holiday rate for inspection services provided
pursuant to Secs. 307.5, 350.7, 351.8, 351.9, 352.5, 354.101, 355.12,
362.5, and 381.38 shall be $32.96 per hour, per program employee.
Sec. 391.4 Laboratory services rate.
The rate for laboratory services provided pursuant to Secs. 350.7,
351.9, 352.5, 354.101, 355.12, and 362.5 shall be $52.92 per hour, per
program employee.
Done at Washington, DC, on April 5, 1995.
Michael R. Taylor,
Administrator, Food Safety and Inspection Service.
[FR Doc. 95-8938 Filed 4-11-95; 8:45 am]
BILLING CODE 3410-DM-P