[Federal Register Volume 60, Number 139 (Thursday, July 20, 1995)]
[Rules and Regulations]
[Pages 37328-37329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17862]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 391
[Docket No. 95-004F]
Fee Increase for Inspection Services
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: The Food Safety and Inspection Service (FSIS) is amending 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. The fees reflect the
increased costs of providing these services primarily as a result of
Federal salary increases allocated by Congress under the Federal
Employees Pay Comparability Act of 1990.
EFFECTIVE DATE: July 23, 1995.
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 services to operators of official meat and poultry
establishments, importers, or exporters (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. The fees charged are
for overtime and holiday inspection, voluntary inspection,
identification, certification, or laboratory services. These services
are provided under the Agricultural Marketing Act of 1946, as amended
(7
[[Page 37329]]
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 are reviewed and a cost analysis 1 is performed to
determine whether they are adequate to recover the costs FSIS incurs in
providing the services. Based on the projected Fiscal Year 1995 cost
analysis, FSIS is increasing the fees for voluntary 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 4352, South Agriculture Building, Food Safety and Inspection
Service, U.S. Department of Agriculture, Washington, DC 20250-3700.
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The new rates are for base time, $31.92 per hour, per program
employee; for overtime and holiday services, $32.96 per hour per
program employee; and for laboratory services, $52.92 per hour, per
program employee. 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 subject to the
Federal Insurance Contributions Act tax; and increased health insurance
costs.
On April 12, 1995, FSIS published a proposed rule in the Federal
Register (60 FR 18551) 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.
FSIS received one comment in response to the proposal. The comment
was from a trade association which represents approximately 1,300 small
to medium sized processing operations and strongly opposed any increase
in the fees charged for overtime and holiday inspection, voluntary
inspection, identification, certification and laboratory services to
meat and poultry establishments.
FSIS considered the comment and reanalyzed the available data
relating to costs of providing these services. FSIS maintains that the
increased rates are necessary and reflect the cost of providing
inspection services. The new rates reflect only an incremental increase
in the costs currently borne by those entities electing to utilize
overtime and holiday inspection services and certain other voluntary
inspection services.
To recover these increased costs in an expeditious manner, the
Administrator has determined that these amendments should be effective
less than 30 days after publication in the Federal Register.
Executive Order 12866
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
Executive Order 12778
This final rule has been reviewed under Executive Order 12778,
Civil Justice Reform. This 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 rule is not intended to have retroactive effect.
Prior to any judicial challenge to the provisions, 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 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.
Accordingly, Part 391 of the Federal meat and poultry products
inspection regulations is amended as follows:
PART 391--FEES AND CHARGES FOR INSPECTION SERVICES
1. The authority citation for Part 391 continues to read as
follows:
Authority: 7 U.S.C. 138f; 7 U.S.C. 394, 1622, and 1624; 21
U.S.C. 451 et seq.; 21 U.S.C. 601-695; 7 CFR 2.17(g) and (i), 2.55.
2. Sections 391.2, 391.3, and 391.4 are 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: July 14, 1995.
Michael R. Taylor,
Administrator, Food Safety and Inspection Service.
[FR Doc. 95-17862 Filed 7-19-95; 8:45 am]
BILLING CODE 3410-DM-P
