[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 
analysis<SUP>1 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