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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1March 15, 2021, letter to Secretary Vilsack 

available at: https://www.moran.senate.gov/public/

_cache/files/0/f/0f4997fc-e4ad-4d6f-9ef4- 

b22ed44806b8/98F78F4F910F5AD3F9FC0F0

F5269FA1C.small-packer-overtime-letter-to-vilsack3.15.21.pdf. 

H.R.6977—Small Packer Overtime and Holiday 

Fee Relief for COVID–19 Act of 2020 (116th 

Congress 2019–2020) available at: https://

www.congress.gov/bill/116th-congress/house-bill/ 

6977. 

S–3797—Small Packer Overtime and Holiday Fee 

Relief for COVID–19 Act of 2020 (116th Congress 

2019–2020 available at: https://www.congress.gov/ 

bill/116th-congress/senate-bill/3797. 

Vilsack, four members of Congress 

urged the Secretary to prioritize 

reducing overtime and holiday 

inspection fees for very small and small 

official establishments based off the 

provisions included in legislation 

introduced in the 116th Congress, the 

Small Packer Overtime and Holiday Fee 

Relief for COVID–19 Act of 2020.1 As 

noted in the letter, this proposed 

legislation would direct ‘‘USDA–FSIS to 

reduce the fees charged to very small 

establishments by at least 75 percent 

and to small establishments by at least 

30 percent.’’ The Congressional 

representatives explained that these fee 

reductions are necessary to address the 

economic disincentives currently in 

place for small and very small official 

establishments to work longer hours. 

They also stated that these fee 

reductions would help to reduce the 

disparity between very small and small 

establishments versus large 

establishments that are able to avoid 

overtime inspection fees because they 

have the capacity to operate two full 

shifts. 

Because the FMIA, PPIA, and EPIA 

require that official establishments pay 

for overtime and holiday inspection, 

FSIS is obligated to charge small and 

very small establishments for these 

types of inspection services (21 U.S.C. 

468, 21 U.S.C. 695, and 21 U.S.C. 1053). 

Thus, providing a fee exemption to 

these establishments is not an option. 

Instead, FSIS will use the authority to 

reduce overtime and holiday inspection 

fees granted to the Agency by the 

American Rescue Plan Act to reduce 

overtime and holiday inspection fees for 

small establishments by 30 percent and 

very small establishments by 75 percent. 

Consistent with the law, FSIS will offer 

overtime and holiday inspection at the 

reduced fees from FY 2021 to FY 2030, 

or until all appropriated funds for 

overtime and holiday inspection are 

expended. 

III. Eligibility 

Only small and very small official 

meat, poultry, or egg products 

establishments are eligible to receive 

overtime and holiday inspection at the 

reduced rates discussed above. For 

purposes of determining eligibility, an 

official establishment is defined as any 

entity that slaughters livestock or 

poultry and/or processes meat, poultry, 

or egg products at which inspection is 

required by the FMIA, PPIA, or EPIA. 

Facilities that receive voluntary 

inspection services, establishments that 

function solely as Official Import 

Inspection Establishments, or solely as 

exporting facilities are not eligible for 

the fee reduction. 

As noted above, under the American 

Rescue Plan Act, ‘‘small establishment’’ 

and ‘‘very small establishment’’ have 

the meaning given to those terms in 

FSIS’ PR/HACCP final rule (see 61 FR 

38806 and Pub. L. 117–2). As defined in 

the PR/HACCP final rule, an 

establishment is ‘‘small’’ if it has 10 or 

more but fewer than 500 employees, and 

an establishment is ‘‘very small’’ if it 

has fewer than 10 employees or less 

than $2.5 million in annual sales (61 FR 

38806). Employees mean all individuals 

employed on a full-time, part-time, 

temporary, or other basis. The American 

Rescue Plan Act directs USDA to 

‘‘reduce the amount of overtime 

inspection costs borne by federallyinspected small and very small 

establishments engaged in meat, 

poultry, and egg product processing’’ 

subject to the FMIA, PPIA, and EPIA, 

providing the Secretary with discretion 

to determine how to implement the 

reductions (American Rescue Plan Act 

of 2021, § 1001(d)). 

The Secretary has determined that 

§ 1001(d) forecloses USDA from offering 

overtime discounts to establishments 

that are not ‘‘small establishments’’ or 

‘‘very small establishments,’’ as defined 

in the PR/HACCP final rule. But 

Congress did not specify how the 

overtime discounts should be divided 

among small and very small 

establishments. This leaves it to the 

Secretary’s discretion to determine 

which individual establishments will 

receive the discounts. Because the Act 

grants the Secretary such broad 

discretion and because funds for 

reducing overtime and holiday 

inspection costs are limited, FSIS will 

apply the terms ‘‘small establishment’’ 

and ‘‘very small establishment,’’ as 

defined in the PR/HACCP final rule, so 

as to reduce overtime and holiday 

inspection fees only for small and very 

small establishments unaffiliated with 

multiple or large businesses in a way 

that would effectively place them 

within the large establishment 

definition. Otherwise, providing 

overtime and holiday inspection fee 

reductions to any establishment that 

simply meets the numerical definitions 

of ‘‘very small’’ and ‘‘small’’ in the PR/ 

HACCP final rule would result in the 

diversion of some of the assistance 

funding to large businesses, depriving 

small and very small establishments of 

the maximum funding available. 

Therefore, an application of the PR/ 

HACCP final rule business size 

categories that considers affiliation with 

multiple or large businesses is 

consistent with the intent of the relevant 

provisions of the American Rescue Plan 

Act, i.e., to assist very small and small 

businesses often disparately affected by 

the COVID–19 pandemic. The definition 

of an affiliated company and the method 

FSIS will use to assess the number of 

establishment employees and average 

annual sales for purposes of the fee 

reduction are discussed in more detail 

below. 

IV. Overtime/Holiday Rate Reduction 

Form 

As noted above, FSIS has developed 

an Overtime/Holiday Rate Reduction 

form to collect information 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. FSIS 

has developed this new form because 

the Agency currently does not have 

complete data on establishment size and 

average annual sales, and the form will 

allow the Agency to collect information 

to determine whether an establishment 

is a subsidiary, affiliate, or part of some 

other business structure that would 

prevent it from being eligible for a fee 

reduction. The form also serves as an 

attestation from the establishment that 

the data provided are accurate. The form 

is optional in that those small and very 

small establishments that do not use 

overtime or holiday inspection services, 

or that are not interested in receiving a 

fee reduction, are not required to 

complete it. However, small and very 

small official establishments that would 

like to request a fee reduction must 

complete the form to receive the benefit. 

In addition to the definitions for 

‘‘official establishment’’ and 

‘‘employees’’ discussed above, the form 

includes definitions for ‘‘affiliated 

companies’’ and ‘‘company’’ for 

purposes of determining whether an 

official establishment qualifies for a fee 

reduction. For purposes of the form, 

companies are considered affiliated 

with each other when one controls the 

other or a third-party controls both. It 

does not matter whether control is 

exercised, so long as the power to 

control exists. For example, a corporate 

company that owns one or more 

establishments is affiliated with those 


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37278 Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Notices 

2March 11, 2022 is one year from the date the 

American Rescue Plan Act was enacted: March 11, 

2021. 

establishments, and the establishments 

are affiliated with the corporate 

company and each other. Affiliated 

companies can be domestic or foreign. 

Affiliated companies do not typically 

include entities that perform contracted 

administrative services, including 

human resource support and cleaning 

services, as defined by the Small 

Business Administration (SBA) in 13 

CFR 121.103. For purposes of the form, 

a ‘‘company’’ is any organization or 

entity (including an establishment) that 

buys or sells good or services. A 

company may be organized in various 

forms, including partnerships and 

corporations, and can be privately held 

or publicly traded. 

To complete the form, establishments 

must answer a series of questions 

designed to collect data on the total 

number of employees employed by the 

establishment and any affiliated 

companies, as well as the average 

annual sales for the establishment. As 

stated in the form, the number of 

employees is the average number of 

employees. The average is calculated by 

summing the number of employees at 

the end of each pay period over the 

preceding 52 weeks and dividing by the 

total number of pay periods. In addition, 

for purposes of the form, establishments 

should determine their annual average 

sales based on their sales over the past 

five years or, for establishments that 

have been in business for less than five 

years, on the number of years they have 

been in business. This is consistent with 

the SBA’s regulations for calculating a 

business’s annual receipts (13 CFR 

121.104). Thus, under this approach, the 

average annual sales of an establishment 

that has been in business for five or 

more completed fiscal years means the 

establishment’s total sales over its most 

recently completed five fiscal years 

divided by five. Establishments that 

have been in business fewer than five 

years should use the annual sales for 

their fully completed years in business 

divided by their number of fully 

completed fiscal years. Because FSIS 

intends to use data collected on the 

form to determine whether an official 

establishment is qualified for a rate 

reduction and the amount of the 

reduction, the establishment must also 

attest that data provided are accurate. 

Official establishments that are not 

affiliated with other companies will 

only need to report the number of 

employees employed by the 

establishment and whether the 

establishment’s average annual sales are 

less than $2.5 million or $2.5 million or 

more. 

Establishments may obtain an 

Overtime/Holiday Rate Reduction form 

from the FSIS inspection personnel 

assigned to the establishment or may 

download and print the form from 

http://www.fsis.usda.gov/sites/default/ 

files/2021-07/FSIS-5200-16- 

OvertimeHolidayRateReductionForm_

v6-4re508.pdf. At this time, FSIS will 

only be accepting paper forms, but will 

work to provide for electronic 

submission in the future. 

Establishments should submit the 

completed paper form to the FSIS front 

line supervisor assigned to the 

establishment. The frontline supervisor 

will submit the completed form to the 

District Office for processing. 

Alternatively, establishments that prefer 

to submit the form themselves may FAX 

the completed form to the appropriate 

District Office, ‘‘Attention Grant 

Curator.’’ 

Submission dates and refunds. 

Establishments are encouraged to 

submit their completed Overtime/ 

Holiday Rate Reduction forms as soon 

as possible but no later than August 16, 

2021 to expedite the process. All 

establishments that submit their forms 

by March 11, 2022,2 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 first pay 

period in fiscal year 2021. 

Establishments may request that FSIS 

provide the refund as a lump sum or as 

a credit to be applied to future overtime 

and holiday inspection fees. After 

March 11, 2022, FSIS will continue to 

reduce holiday and overtime inspection 

fees for establishments that qualify but 

will no longer provide partial refunds 

for fees paid since October 11, 2020. 

Establishments may submit a benefit 

eligibility form to request an overtime 

and holiday inspection fee reduction at 

any time. If the establishment qualifies 

for a fee reduction and submits its form 

after March 11, 2022, it will receive the 

reduction beginning on the date it 

submitted its benefit eligibility form, 

provided appropriated funds are still 

available. As noted above, FSIS will 

offer overtime and holiday inspection at 

the reduced rates from FY 2021 to FY 

2030, or until all appropriated funds for 

overtime and holiday inspection are 

expended. 

V. Determining Establishment 

Eligibility and Fee Reduction 

After an establishment’s completed 

Overtime/Holiday Rate Reduction form 

is received by the District Office, the 

District Office’s Grant Curator will 

review the form to determine whether 

an official establishment is eligible for 

an overtime and holiday inspection fee 

reduction and, if so, whether the 

establishment qualifies for the small 

establishment or very small 

establishment reduced fee. 

When reviewing an establishment’s 

form, the Grant Curator will first assess 

the information to determine whether 

the establishment is affiliated with other 

companies, including other 

establishments. If the establishment is 

affiliated with other companies and the 

total number of employees employed by 

the establishment and its affiliated 

companies is less than 500, the 

establishment would qualify for an 

overtime and holiday inspection fee 

reduction. If the establishment together 

with its affiliated companies employ 

500 or more employees, the 

establishment would not qualify for a 

fee reduction. 

If an establishment qualifies for a fee 

reduction, the Grant Curator will 

conduct an additional review to 

determine if the establishment qualifies 

for the small establishment or very 

small establishment reduction rate. The 

amount of the fee reduction will be 

based on the number of employees or 

average annual sales for the 

establishment as a discrete entity 

without considering employees or 

average annual sales associated with 

any affiliated companies. Thus, if the 

establishment itself employs fewer than 

10 employees or has less than $2.5 

million in average annual sales, the 

establishment would qualify as a ‘‘very 

small establishment’’ for purposes of the 

fee reduction and would receive a 75 

percent reduction on overtime and 

holiday inspection fees. The 

establishment would qualify for the 

‘‘very small establishment’’ fee 

reduction even if the total number of 

employees employed by all affiliated 

companies is over 10, but less than 500, 

and if the average annual sales for all 

affiliated companies is greater than $2.5 

million. If the establishment employs 

more than 10 employees but fewer than 

500 employees and its annual average 

sales are greater than $2.5 million, it 

would qualify as a ‘‘small 

establishment’’ for purposes of the fee 

reduction and would receive a 30 

percent reduction on overtime and 

holiday inspection fees. This approach 

will allow FSIS to maintain and update 

individual establishment HACCP size 

information in the Public Health 

Information System (PHIS), while also 

providing the greatest fee reductions to 

those establishments that would benefit 

the most. See Table 1 for an overview 

of applicant establishments that qualify 


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Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Notices 37279 

for a fee reduction and the amount of 

their reduction. 

TABLE 1—OVERTIME AND HOLIDAY INSPECTION RATE REDUCTION: ELIGIBILITY AND FEE REDUCTION

Applicant average # of 

employees 

Applicant + affiliated 

companies average # 

of employees 

Applicant HACCP 

size in PHIS 

Applicant average 

annual income 

Applicant + affiliated 

companies average 

annual income 

Applicant eligibility for 

rate reduction/ 

percentage 

≤ 9 .............................. ≤ 9 ............................. VS ............................. Any ............................ Any ............................ Yes/75%. 

≤ 9 .............................. ≥10 and ≤ 499 .......... VS ............................. Any ............................ Any ............................ Yes/75%. 

≥10 and ≤ 499 ............ ≥10 and ≤ 499 .......... VS ............................. <2.5 million ................ Any ............................ Yes/75%. 

≤ 9 .............................. ≥ 500 ......................... VS ............................. N/A ............................ N/A ............................ No. 

≥10 and ≤ 499 ............ ≥10 and ≤ 499 .......... S ................................ ≥2.5 million ................ Any ............................ Yes/30%. 

≥10 and ≤ 499 ............ ≥ 500 ......................... VS ............................. <2.5 million ................ N/A ............................ No. 

≥10 and ≤ 499 ............ ≥ 500 ......................... S ................................ ≥2.5 million ................ N/A ............................ No. 

≥ 500 .......................... ≥500 .......................... L ................................ N/A ............................ N/A ............................ No. 

Establishments that have questions 

regarding their eligibility for a fee 

reduction should contact their FSIS 

District Office. Contact information for 

the FSIS District Offices is available at: 

https://www.fsis.usda.gov/contactus/ 

fsis-offices/office-field-operations-ofo. 

Fee Reduction Eligibility Renewal, New 

Establishments, and Change in Amount 

of Fee Reduction 

At a set date every three years, FSIS 

will request that establishments 

receiving an overtime and holiday 

inspection fee reduction reaffirm their 

fee reduction eligibility through a 

notification to FSIS. FSIS will verify 

information provided by establishments 

to ensure that establishments remain 

eligible for the fee reduction. The first 

fee reduction renewal date will be June 

30, 2024, which will be effective the 

first full pay period (approximately two 

weeks) after July 1, 2024, and every 

three years after that. When it is time for 

establishments to renew their fee 

reduction eligibility, FSIS will include a 

reminder to reaffirm the Overtime/ 

Holiday Rate Reduction in the 

establishment’s account statement with 

instructions on how to submit the 

information to FSIS. The fee reduction 

eligibility forms also will continue to be 

available by request from FSIS 

inspection personnel and online. 

Establishments must reaffirm their 

status by the renewal date to continue 

to receive the fee reduction. Thus, for 

the first renewal date, if an 

establishment has not reaffirmed its 

eligibility for fee reduction by June 30, 

2024, FSIS will begin billing the full 

overtime and holiday inspection rate on 

the next full pay period after July 1, 

2024. If an establishment reaffirms its 

eligibility after the June 30, 2024, 

renewal date and continues to qualify 

for a fee reduction, FSIS will apply the 

fee reduction as soon as possible after 

the reaffirmation is received. 

New establishments that apply for a 

grant of inspection before June 30, 2024, 

and would like to request a holiday and 

overtime fee reduction should submit an 

Overtime/Holiday Rate Reduction form 

along with their application for a 

Federal grant of inspection. If the 

establishment qualifies for a fee 

reduction, FSIS will apply the fee 

reduction when it issues the 

establishment’s grant of inspection. 

Such establishments also will need to 

reaffirm their fee reduction eligibility by 

the June 30, 2024, renewal date to 

continue to receive the fee reduction 

benefit. 

An establishment that has a change 

that would affect its eligibility or the 

amount of its fee reduction, e.g., a small 

establishment has a reduction in 

employees or annual sales such that it 

qualifies as very small, must submit a 

new Overtime/Holiday Rate Reduction 

form to FSIS as close as possible to the 

time the change occurs so that the 

Agency may make the associated change 

to the establishment’s fee reduction. 

FSIS also will apply any new fee 

reduction to qualified establishments as 

soon as possible after it is notified of the 

change. Establishments that submit 

forms attesting to a change in eligibility 

prior to June 30, 2024, will still be 

required to reaffirm their eligibility by 

the June 30, 2024 renewal date to 

continue to receive a fee reduction. 

Persons making false, fictitious, or 

fraudulent statements or entries on the 

form are subject to a $10,000 fine or 

imprisonment for not more than 5 years 

or both as prescribed by 18 U.S.C. 1001. 

Paperwork Reduction Act 

In accordance with section 3507(d) of 

the Paperwork Reduction Act of 1995, 

the information collection or 

recordkeeping requirements included in 

this notice have been submitted for 

approval to OMB. 

Title: Overtime and Holiday 

Inspection Fees for Small and Very 

Small Establishments. 

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. 

Under this notice, 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. 

This is a request for a new 

information collection. 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. 


khammond on DSKJM1Z7X2PROD with NOTICES
37280 Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Notices 

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. 

Environmental Impact 

Each USDA agency is required to 

comply with 7 CFR part 1b of the 

Departmental regulations, which 

supplements the National 

Environmental Policy Act regulations 

published by the Council on 

Environmental Quality. Under these 

regulations, actions of certain USDA 

agencies and agency units are 

categorically excluded from the 

preparation of an Environmental 

Assessment (EA) or an Environmental 

Impact Statement (EIS) unless the 

agency head determines that an action 

may have a significant environmental 

effect (7 CFR 1b.4 (b)). FSIS is among 

the agencies categorically excluded from 

the preparation of an EA or EIS (7 CFR 

1b.4 (b)(6)). 

FSIS has determined that this notice, 

which describes how FSIS will 

implement the American Rescue Plan 

Act’s small and very small 

establishment overtime and holiday 

inspection fee reduction, will not create 

any extraordinary circumstances that 

would result in this normally excluded 

action having a significant individual or 

cumulative effect on the human 

environment. Therefore, this action is 

appropriately subject to the categorical 

exclusion from the preparation of an 

environmental assessment or 

environmental impact statement 

provided under 7 CFR 1b.4(6) of the 

U.S. Department of Agriculture 

regulations. 

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 

website located at: https://

www.fsis.usda.gov/policy/federalregister-rulemaking. 

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 website. Through the website, 

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/news-events/ 

news-press-releases/news-feedssubscriptions. 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 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: USDA, 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. 2021–15011 Filed 7–14–21; 8:45 am] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF AGRICULTURE 

Food and Nutrition Service 

Agency Information Collection 

Activities: Special Supplemental 

Nutrition Program for Women, Infants 

and Children (WIC); Food Delivery 

Portal (FDP) 

AGENCY: Food and Nutrition Service, 

USDA. 

ACTION: Notice. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, this 

notice invites the general public and 

other public agencies to comment on 

this proposed information collection. 

This collection is a revision of a 

currently approved collection to provide 

FNS and WIC State agencies with an 

ongoing/annual data set that can be 

used to assess State agencies’ 

compliance with WIC vendor 

management requirements and estimate 

State agencies’ progress in eliminating 

fraud, waste, and abuse. 

DATES: Written comments must be 

received on or before September 13, 

2021. 

ADDRESSES: Comments may be 

submitted via email to the attention of 

FDP Help Desk at SM.fn.FDPHelp@

usda.gov. Comments will also be 

accepted through the Federal 

eRulemaking Portal. Go to http://

www.regulations.gov, and follow the 

online instructions for submitting 

comments electronically. 

All responses to this notice will be 

summarized and included in the request 

for Office of Management and Budget 

approval. All comments will be a matter 

of public record. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of this information collection 

should be directed to Amy Herring, at 

amy.herring@usda.gov or (703) 305– 

2376. 

SUPPLEMENTARY INFORMATION: Comments 

are invited on: (a) Whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 


khammond on DSKJM1Z7X2PROD with NOTICES