Notice2021-15011
Overtime and Holiday Inspection Fee Reductions for Small and Very Small Establishments
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 15, 2021
Issuing agencies
Agriculture DepartmentFood Safety and Inspection Service
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 133 (Thursday, July 15, 2021)</title>
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[Federal Register Volume 86, Number 133 (Thursday, July 15, 2021)]
[Notices]
[Pages 37276-37280]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15011]
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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.
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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: <a href="https://www.fsis.usda.gov/contactus/fsis-offices/office-field-operations-ofo">https://www.fsis.usda.gov/contactus/fsis-offices/office-field-operations-ofo</a>.
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 <a href="/cdn-cgi/l/email-protection#b8decbd1cb96dad1d4d4d1d6dff8cdcbdcd996dfd7ce"><span class="__cf_email__" data-cfemail="8bedf8e2f8a5e9e2e7e7e2e5eccbfef8efeaa5ece4fd">[email protected]</span></a>.
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
[[Page 37277]]
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.
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\1\ March 15, 2021, letter to Secretary Vilsack available at:
<a href="https://www.moran.senate.gov/public/_cache/files/0/f/0f4997fc-e4ad-4d6f-9ef4-b22ed44806b8/98F78F4F910F5AD3F9FC0F0F5269FA1C.small-packer-overtime-letter-to-vilsack-3.15.21.pdf">https://www.moran.senate.gov/public/_cache/files/0/f/0f4997fc-e4ad-4d6f-9ef4-b22ed44806b8/98F78F4F910F5AD3F9FC0F0F5269FA1C.small-packer-overtime-letter-to-vilsack-3.15.21.pdf</a>.
H.R.6977--Small Packer Overtime and Holiday Fee Relief for
COVID-19 Act of 2020 (116th Congress 2019-2020) available at:
<a href="https://www.congress.gov/bill/116th-congress/house-bill/6977">https://www.congress.gov/bill/116th-congress/house-bill/6977</a>.
S-3797--Small Packer Overtime and Holiday Fee Relief for COVID-
19 Act of 2020 (116th Congress 2019-2020 available at: <a href="https://www.congress.gov/bill/116th-congress/senate-bill/3797">https://www.congress.gov/bill/116th-congress/senate-bill/3797</a>.
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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 federally-inspected 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, Sec. 1001(d)).
The Secretary has determined that Sec. 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
[[Page 37278]]
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 <a href="http://www.fsis.usda.gov/sites/default/files/2021-07/FSIS-5200-16-OvertimeHolidayRateReductionForm_v6-4re508.pdf">http://www.fsis.usda.gov/sites/default/files/2021-07/FSIS-5200-16-OvertimeHolidayRateReductionForm_v6-4re508.pdf</a>. 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.
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\2\ March 11, 2022 is one year from the date the American Rescue
Plan Act was enacted: March 11, 2021.
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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
[[Page 37279]]
for a fee reduction and the amount of their reduction.
Table 1--Overtime and Holiday Inspection Rate Reduction: Eligibility and Fee Reduction
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Applicant + affiliated Applicant + Applicant eligibility
Applicant average # of employees companies average # of Applicant HACCP size Applicant average affiliated companies for rate reduction/
employees in PHIS annual income average annual income percentage
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<= 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.
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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: <a href="https://www.fsis.usda.gov/contactus/fsis-offices/office-field-operations-ofo">https://www.fsis.usda.gov/contactus/fsis-offices/office-field-operations-ofo</a>.
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.
[[Page 37280]]
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:
<a href="https://www.fsis.usda.gov/policy/federal-register-rulemaking">https://www.fsis.usda.gov/policy/federal-register-rulemaking</a>.
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: <a href="https://www.fsis.usda.gov/news-events/news-press-releases/news-feeds-subscriptions">https://www.fsis.usda.gov/news-events/news-press-releases/news-feeds-subscriptions</a>. 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 <a href="https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint">https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint</a> 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: <a href="/cdn-cgi/l/email-protection#3343415c5441525e1d5a5d4752585673464057521d545c45"><span class="__cf_email__" data-cfemail="6b1b19040c190a064502051f0a000e2b1e180f0a450c041d">[email protected]</span></a>. 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
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</html>Indexed from Federal Register on July 15, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.