This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

37274 

Vol. 86, No. 133 

Thursday, July 15, 2021 

DEPARTMENT OF AGRICULTURE 

Submission for OMB Review; 

Comment Request 

July 8, 2021. 

The Department of Agriculture will 

submit the following information 

collection requirement(s) to OMB for 

review and clearance under the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 on or after the date 

of publication of this notice. Comments 

are requested regarding: Whether the 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; the accuracy of the 

agency’s estimate of burden including 

the validity of the methodology and 

assumptions used; ways to enhance the 

quality, utility and clarity of the 

information to be collected; and ways to 

minimize the burden of the collection of 

information on those who are to 

respond, including through the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology. 

Comments regarding these 

information collections are best assured 

of having their full effect if received by 

August 16, 2021. Written comments and 

recommendations for the proposed 

information collection should be 

submitted within 30 days of the 

publication of this notice on the 

following website www.reginfo.gov/ 

public/do/PRAMain. Find this 

particular information collection by 

selecting ‘‘Currently under 30-day 

Review—Open for Public Comments’’ or 

by using the search function. 

An agency may not conduct or 

sponsor a collection of information 

unless the collection of information 

displays a currently valid OMB control 

number and the agency informs 

potential persons who are to respond to 

the collection of information that such 

persons are not required to respond to 

the collection of information unless it 

displays a currently valid OMB control 

number. 

National Agricultural Statistics Service 

Title: Hemp Acreage and Production 

Survey. 

OMB Control Number: 0535–NEW. 

Summary of Collection: As defined in 

the 2018 Farm Bill, the term ‘‘hemp’’ 

means the plant species Cannabis sativa 

L. and any part of that plant, including 

the seeds thereof and all derivatives, 

extracts, cannabinoids, isomers, acids, 

salts, and salts of isomers, whether 

growing or not, with a delta-9 

tetrahydrocannabinol concentration of 

not more than 0.3 percent on a dry 

weight basis. Delta-9 

tetrahydrocannabinol, or THC, is the 

primary intoxicating component of 

cannabis. Cannabis with a THC level 

exceeding 0.3 percent is considered 

marijuana, which remains classified as 

a schedule I controlled substance 

regulated by the Drug Enforcement 

Administration (DEA) under the 

Controlled Substances Act (CSA). Under 

the Agricultural Act of 2014 (2014 Farm 

Bill), Public Law 113–79, State 

departments of agriculture and 

institutions of higher education were 

permitted to produce hemp as part of a 

pilot program for research purposes. 

The authority for hemp production 

provided in the 2014 Farm Bill was 

extended by the 2018 Farm Bill, which 

was signed into law on December 20, 

2018. 

Hemp is a commodity that can be 

used for numerous industrial and 

horticultural purposes including fabric, 

paper, construction materials, food 

products, cosmetics, production of 

cannabinoids (such as cannabidiol or 

CBD), and other products. 

In determining the type of data that 

would need to be collected and the 

frequency of the data collections, NASS 

management attended a joint meeting 

with representatives from the USDA’s 

Economic Research Service (ERS), Farm 

Service Agency (FSA), Risk 

Management Agency (RMA), 

Agricultural Marketing Service (AMS), 

and the Office of the Secretary. 

Need and Use of the Information: The 

data will be collected under the 

authority of the Domestic Hemp 

Production Program, which is mandated 

by the Agriculture Improvement Act of 

2018 (2018 Farm Bill). In addition the 

data will be collected under the 

authority of Title 7 U.S.C. 2204(a). 

Individually identifiable data collected 

under this authority are governed by 

Section 1770 of the Food Security Act 

of 1985 as amended, 7 U.S.C. 2276, 

which requires USDA to afford strict 

confidentiality to non-aggregated data 

provided by respondents. This Notice is 

submitted in accordance with the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 (44 U.S.C. 3501, et 

seq.), and Office of Management and 

Budget regulations at 5 CFR part 1320. 

NASS also complies with OMB 

Implementation Guidance, 

‘‘Implementation Guidance for Title V 

of the E-Government Act, Confidential 

Information Protection and Statistical 

Efficiency Act of 2002 (CIPSEA),’’ 

Federal Register, Vol. 72, No. 115, June 

15, 2007, p. 33362. 

Description of Respondents: 

Businesses or other for-profits and 

Farms. 

Number of Respondents: 20,000. 

Frequency of Responses: Reporting: 

Annually. 

Total Burden Hours: 7,531. 

Levi S. Harrell, 

Departmental Information Collection 

Clearance Officer. 

[FR Doc. 2021–15063 Filed 7–14–21; 8:45 am] 

BILLING CODE 3410–20–P 

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

[Docket No. FSIS–2021–0017] 

Notice of Request for a New 

Information Collection: Overtime and 

Holiday Inspection Fees for Small and 

Very Small Establishments 

AGENCY: Food Safety and Inspection 

Service, USDA. 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 and 

Office of Management and Budget 

(OMB) regulations, the Food Safety and 

Inspection Service (FSIS) is announcing 

its intention to request a new 

information collection to reduce 

overtime and holiday inspection fees for 

small and very small meat, poultry, and 

egg products establishments. This is a 

new information collection with an 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Notices 37275 

estimated annual burden of 724 hours. 

FSIS is reducing holiday and overtime 

fees under the American Rescue Plan 

Act, enacted on March 11, 2021. 

Through this legislation, Congress 

provided FSIS with $100 million in 

budget authority to reduce the costs of 

overtime inspection for small and very 

small official meat and poultry 

establishments and egg products plants. 

DATES: Submit comments on or before 

September 13, 2021. 

ADDRESSES: FSIS invites interested 

persons to submit comments on this 

Federal Register notice. Comments may 

be submitted by one of the following 

methods: 

• Federal eRulemaking Portal: This 

website provides commenters the ability 

to type short comments directly into the 

comment field on the web page or to 

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– 

2021–0017. 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: Gina 

Kouba, Office of Policy and Program 

Development, Food Safety and 

Inspection Service, USDA, 1400 

Independence Avenue SW, Mailstop 

3758, South Building, Washington, DC 

20250–3700; (202) 720–5627. 

SUPPLEMENTARY INFORMATION: 

Title: Overtime and Holiday 

Inspection Fees for Small and Very 

Small Establishments. 

OMB Number: 0583–NEW. 

Type of Request: Request for a new 

information collection. 

Abstract: FSIS has been delegated the 

authority to exercise the functions of the 

Secretary (7 CFR 2.18, 2.53), as specified 

in 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.). These statutes 

mandate that FSIS protect the public by 

verifying that meat, poultry, and egg 

products are safe, wholesome, 

unadulterated, and properly labeled and 

packaged. 

As authorized under the American 

Plan Rescue Act, FSIS intends to reduce 

overtime and holiday inspection fees for 

small and very small meat, poultry, and 

egg products establishments. FSIS will 

collect information on FSIS Form 5200– 

16, Overtime/Holiday Rate Reduction 

Form, to determine whether an 

establishment inspected by FSIS 

qualifies for an overtime and holiday 

inspection fee reduction, and, if so, the 

amount of the reduction. If an 

establishment experiences any change 

in qualifying circumstances, it must 

notify FSIS by resubmitting the FSIS 

Form 5200–16, Overtime/Holiday Rate 

Reduction Form. 

FSIS has made the following 

estimates based upon an information 

collection assessment: 

Estimate of burden: The public 

reporting burden for this collection of 

information is estimated to average 10 

minutes per response. 

Estimated total number of 

respondents: 3,944. 

Estimated number of responses per 

respondent: 1–2. 

Estimated annual number of 

responses: 3,944. 

Estimated initial annual burden on 

respondents: 724 hours. 

All responses to this notice will be 

summarized and included in the request 

for OMB approval. All comments will 

also become a matter of public record. 

Copies of this information collection 

assessment can be obtained from Gina 

Kouba, Office of Policy and Program 

Development, Food Safety and 

Inspection Service, USDA, 1400 

Independence Avenue SW, Mailstop 

3758, South Building, Washington, DC 

20250–3700; (202) 720–5627. 

Comments are invited on: (a) Whether 

the proposed collection of information 

is necessary for the proper performance 

of FSIS’s functions, including whether 

the information will have practical 

utility; (b) the accuracy of FSIS’s 

estimate of the burden of the proposed 

collection of information, including the 

validity of the method and assumptions 

used; (c) ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and (d) ways to minimize 

the burden of the collection of 

information, including through the use 

of appropriate automated, electronic, 

mechanical, or other technological 

collection techniques, or other forms of 

information technology. Comments may 

be sent to both FSIS, at the addresses 

provided above, and the Desk Officer for 

Agriculture, Office of Information and 

Regulatory Affairs, Office of 

Management and Budget (OMB), 

Washington, DC 20253. 

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 to this Federal Register 

publication 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 can 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. 

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 


khammond on DSKJM1Z7X2PROD with NOTICES
37276 Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Notices 

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 How to File a 

Program 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. 

Paul Kiecker, 

Administrator. 

[FR Doc. 2021–15012 Filed 7–14–21; 8:45 am] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

[Docket No. FSIS–2021–0014] 

Overtime and Holiday Inspection Fee 

Reductions for Small and Very Small 

Establishments 

AGENCY: Food Safety and Inspection 

Service, USDA. 

ACTION: Notice. 

SUMMARY: In the American Rescue Plan 

Act, enacted on March 11, 2021, 

Congress provided the Food Safety and 

Inspection Service (FSIS) with $100 

million in budget authority to reduce 

the costs of overtime inspection for 

small and very small official meat and 

poultry establishments and egg products 

plants. FSIS will implement this 

provision by reducing overtime and 

holiday inspection fees for small 

establishments by 30 percent and very 

small establishments by 75 percent. 

FSIS has developed an Overtime/ 

Holiday Rate Reduction form that 

official establishments will need to 

submit to request an overtime or holiday 

inspection fee reduction. FSIS will 

review the form to determine whether 

an establishment qualifies for the fee 

reduction. This notice contains 

information on how to complete and 

submit the form to FSIS and describes 

the procedures FSIS will follow to 

implement the American Rescue Plan 

Act’s overtime and holiday inspection 

fee reduction provisions. 

DATES: Establishments are encouraged to 

submit their completed Overtime/ 

Holiday Rate Reduction forms by 

August 16, 2021 to expedite the process. 

However, establishments may submit 

their forms at any time. All 

establishments that submit their forms 

by March 11, 2022, and that qualify for 

a fee reduction, will receive a partial 

refund for overtime and holiday 

inspection fees paid since October 11, 

2020, i.e., the first day of the pay period 

after beginning of Fiscal Year 2021. 

ADDRESSES: Small and very small 

establishments should submit their 

completed forms to the FSIS inspection 

personnel assigned to their 

establishment or, alternatively, FAX the 

completed form to the appropriate FSIS 

District Office, ‘‘Attention Grant 

Curator.’’ Contact information for the 

FSIS District Offices, including FAX 

numbers, is available at: https://

www.fsis.usda.gov/contactus/fsisoffices/office-field-operations-ofo. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Edelstein, Assistant 

Administrator, Office of Policy and 

Program Development by telephone at 

(202) 205–0495. 

For billing issues and to request 

refunds contact the Financial Service 

Center Customer Contact Center: (515) 

334–2000 option 1 or email at 

fsis.billing@usda.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Federal Meat Inspection Act 

(FMIA) (21 U.S.C. 601 et seq.) and the 

Poultry Products Inspection Act (PPIA) 

(21 U.S.C. 451 et seq.) provide for 

mandatory Federal inspection of 

livestock and poultry slaughtered at 

official establishments and of meat 

(including Siluriformes) and poultry 

processed at official establishments. The 

Egg Products Inspection Act (EPIA) (21 

U.S.C. 1031 et seq.) provides for 

mandatory inspection of egg products 

processed at official plants. Although 

firms that process egg products are 

defined as ‘‘plants’’ by the EPIA, when 

generally discussing businesses affected 

by the American Rescue Plan Act in this 

document, we will refer to them as 

‘‘establishments.’’ Under the FMIA, 

PPIA, and EPIA, FSIS bears the cost of 

mandatory inspection provided during 

non-overtime and non-holiday hours of 

operation, while official meat, poultry 

and egg product establishments are 

required to pay for inspection services 

requested and performed on an overtime 

basis or on holidays (21 U.S.C. 468, 21 

U.S.C. 695, and 21 U.S.C. 1053)). 

FSIS’ regulations (9 CFR 391.3, 

590.126, and 590.128) contain formulas 

for calculating fees for overtime and 

holiday inspection. FSIS uses these 

formulas and publishes annual rates in 

the Federal Register before the start of 

each calendar year (see 85 FR 79992). 

FSIS applies the rates on the first FSIS 

pay period at the beginning of the 

calendar year. The overtime and holiday 

fees apply to all establishments 

regardless of their size and average 

annual sales. 

The overtime and holiday inspection 

fees for all establishments may have a 

disproportionate financial impact on 

small and very small establishments 

compared to large establishments that 

can more easily absorb the extra charges 

due to their production volume. 

Additionally, large establishments often 

operate a full second shift, giving them 

a total of 16 hours instead of 8 hours of 

inspection per day before they would 

have to pay for overtime. Higher 

production volume and operation of a 

second shift without additional cost for 

large establishments may put smaller 

establishments at a competitive 

disadvantage. The resulting additional 

cost per pound of product caused by 

overtime and holiday fees is much 

higher for smaller establishments. Thus, 

the full fees may hamper their ability to 

continue to operate, be competitive, and 

expand operations. 

II. Funding and Fee Reductions 

In the American Rescue Plan Act of 

2021 (Pub. L. 117–2, 135 Stat. 242), 

Congress provided FSIS with $100 

million in budget authority to reduce 

the costs of overtime inspection for 

federally-inspected small and very small 

meat, poultry, and egg products 

establishments. Under the American 

Rescue Plan Act, the definitions of 

‘‘small establishment’’ and ‘‘very small 

establishment’’ have the meaning given 

to those terms in FSIS’ final rule 

‘‘Pathogen Reduction; Hazard Analysis 

and Critical Control Point (HACCP)’’ 

(PR/HACCP)(61 FR 38806, July 25, 

1996). These definitions, and 

refinements for assessing the number of 

establishment employees and average 

annual sales that FSIS has made for 

purposes of implementing the overtime 

and holiday inspection fee reduction, 

are discussed in more detail in the 

‘‘Eligibility’’ and ‘‘Overtime/Holiday 

Rate Reduction form’’ sections below. 

Although the American Rescue Plan 

Act did not include specific amounts for 

the overtime and holiday fee reduction, 

in a March 15, 2021 letter to Secretary 


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