Extension of the Current Fees for the Accredited Laboratory Program, 59621-59622 [2013-23505]

Download as PDF 59621 Rules and Regulations Federal Register Vol. 78, No. 188 Friday, September 27, 2013 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service 9 CFR Part 391 [Docket No. FSIS–2013–0026] Extension of the Current Fees for the Accredited Laboratory Program Food Safety and Inspection Service, USDA. ACTION: Interim final rule. AGENCY: The Accredited Laboratory Program is the FSIS program in which non-Federal laboratories are accredited as eligible to perform analyses on official regulatory samples of raw or processed meat and poultry products, and through which a check sample program for quality assurance is conducted. The program is funded by user fees. The current fee regulation is due to expire at the end of the present fiscal year. In order to provide time to develop a proposed rule that will establish a formula for determining the fee, FSIS is extending the current laboratory accreditation fee. DATES: This final rule is effective September 27, 2013. ADDRESSES: FSIS invites interested persons to submit comments on this rule. Comments may be submitted by either of the following methods: • Federal eRulemaking Portal: This Web site provides the ability to type short comments directly into the comment field on this Web page or attach a file for lengthier comments. Go to http://www.regulations.gov. Follow the on-line instructions at that site for submitting comments. • Mail, including CD–ROMs, etc.: Send to Docket Clerk, U.S. Department of Agriculture, Food Safety and Inspection Service, Patriots Plaza 3, 1400 Independence Avenue SW., Mailstop 3782, Room 8–163B, Washington, DC 20250–3700. pmangrum on DSK3VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 13:44 Sep 26, 2013 Jkt 229001 • Hand- or courier-delivered submittals: Deliver to Patriots Plaza 3, 355 E Street SW., Room 8–163B, Washington, DC 20250–3700. Instructions: All items submitted by mail or electronic mail must include the Agency name and docket number FSIS– 2013–0026. Comments received in response to this docket will be made available for public inspection and posted without change, including any personal information, to http:// www.regulations.gov. Docket: For access to background documents or comments received, go to the FSIS Docket Room at Patriots Plaza 3, 355 E. Street SW., Room 8–164, Washington, DC 20250–3700 between 8:00 a.m. and 4:30 p.m., Monday through Friday. FOR FURTHER INFORMATION CONTACT: Contact Charles Williams, Director, Issuance Staff, Office of Policy and Program Development, Food Safety and Inspection Service, USDA, 1400 Independence Avenue SW., Room 6077, South Building, Washington, DC 20250; Telephone: (202) 720–5627. SUPPLEMENTARY INFORMATION: Background FSIS accredits non-Federal analytical laboratories under its Accredited Laboratory Program. Such accreditation allows laboratories to conduct analyses of official meat and poultry samples. The Food, Agriculture, Conservation, and Trade Act of 1990, as amended, mandates that laboratory accreditation fees cover the costs of the Accredited Laboratory Program. This same Act mandates an annual payment of an accreditation fee on the anniversary date of each accreditation. On April 12, 2011, FSIS issued a final rule entitled, ‘‘New Formulas for Calculating the Basetime, Overtime, Holiday, and Laboratory Services Rates; Rate Changes Based on the Formulas; and Increased Fees for the Accredited Laboratory Program’’ (76 FR 20220). The rule increased fees for the Accredited Laboratory Program beginning in fiscal year 2012 in order to ensure FSIS recovered the cost of providing laboratory accreditation services. The current laboratory accreditation fee of $5,000 expires September 30, 2013. However, because the Accredited Laboratory Program fee continues to be necessary, FSIS is extending the current PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 fee. FSIS plans to develop and propose a new formula for calculating the fee. Interim Final Rule FSIS is amending 9 CFR 391.5 to keep the laboratory accreditation fee at $5,000.00. In accordance with section 553 of the Administrative Procedure Act (5 U.S.C. 553), the Agency finds good cause for making this interim rule effective upon publication. At the same time, however, FSIS is providing for a 30-day comment period. FSIS will propose changes to the laboratory accreditation fees through future rulemaking. Executive Order 12866 Regulatory Review This rule has been reviewed under Executive Order 12866 by the Office of Management and Budget (OMB) and has been determined to be ‘‘not significant’’ for purposes of E.O. 12866. Regulatory Flexibility Analysis As required by the Regulatory Flexibility Act (5 U.S.C. 601–612), the FSIS Administrator has examined the economic implications of the rule and has determined that it will not have a significant impact on a substantial number of small entities. Executive Order 12988 Civil Justice Reform This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under this rule: (1) All State and local laws and regulations that are inconsistent with this rule will be preempted; (2) no retroactive effect will be given to this rule; and (3) no retroactive proceedings will be required before parties may file suit in court challenging this rule. Executive Order 13175 Indian Tribal Governments This rule has been reviewed in accordance with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. The review reveals that this regulation will not have substantial and direct effects on Tribal governments and will not have significant Tribal implications. Paperwork Reduction Act This rule does not contain any new information collection or record keeping requirements that are subject to the E:\FR\FM\27SER1.SGM 27SER1 59622 Federal Register / Vol. 78, No. 188 / Friday, September 27, 2013 / Rules and Regulations Office of Management and Budget (OMB) approval under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. E-Government Act FSIS and USDA are committed to achieving the purposes of the EGovernment Act (44 U.S.C. 3601, et seq.) by, among other things, promoting the use of the Internet and other information technologies and providing increased opportunities for citizen access to government information and services, and for other purposes. pmangrum on DSK3VPTVN1PROD with RULES Additional Public Notification FSIS will announce this rule online through the FSIS Web page located at http://www.fsis.usda.gov/wps/portal/ fsis/topics/regulations/federal-register. FSIS will also make copies of this Federal Register publication available 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 constituents and stakeholders. The Update is communicated via Listserv, a free electronic mail subscription service for industry, trade groups, consumer interest groups, health professionals, and other individuals who have asked to be included. The Update is also available on the FSIS Web page. In addition, FSIS offers an electronic mail subscription service which provides automatic and customized access to selected food safety news and information. This service is available at http://www.fsis.usda.gov/wps/portal/ fsis/programs-and-services/emailsubscription-service. Options range from recalls to export information to regulations, directives, and notices. Customers can add or delete subscriptions themselves, and have the option to password protect their accounts. USDA Nondiscrimination Statement The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, and marital or family status. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s Target Center at (202) 720–2600 (voice and TTY). To file a written complaint of discrimination, write USDA, Office of VerDate Mar<15>2010 13:44 Sep 26, 2013 Jkt 229001 the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW., Washington, DC 20250–9410 or call (202) 720–5964 (voice and TTY). USDA is an equal opportunity provider and employer. List of Subjects in 9 CFR Part 391 Fees and charges, Government employees, Meat inspection, Poultry products. Accordingly, 9 CFR part 391 is amended as follows: PART 391—FEES AND CHARGES FOR INSPECTION SERVICES AND LABORATORY ACCREDITATION 1. The authority citation for part 391 continues to read as follows: ■ Authority: 7 U.S.C. 138f; 7 U.S.C. 1622, 1627 and 2219a; 21 U.S.C. 451 et seq.; 21 U.S.C. 601–695; 7 CFR 2.18 and 2.53. 2. In § 391.5, paragraph (a) is revised to read as follows: ■ § 391.5 Laboratory accreditation fee. (a) The annual fee for the initial accreditation and maintenance of accreditation provided pursuant to § 439.5 of this chapter shall be $5,000.00. * * * * * Done at Washington, DC, on: September 20, 2013. Alfred V. Almanza, Administrator. [FR Doc. 2013–23505 Filed 9–26–13; 8:45 am] BILLING CODE 3410–DM–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2013–0516; Airspace Docket No. 13–AAL–2] Establishment of Class E Airspace; Akutan, AK Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This action establishes Class E airspace at Akutan Airport, Akutan, AK. Controlled airspace is necessary to accommodate aircraft using the new Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at the airport. This action enhances the safety and management of aircraft operations at the airport. DATES: Effective date, 0901 UTC, December 12, 2013. The Director of the SUMMARY: PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 Federal Register approves this incorporation by reference action under 1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Richard Roberts, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA, 98057; telephone (425) 203–4517. SUPPLEMENTARY INFORMATION: History On July 29, 2013, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM) to establish controlled airspace at Akutan Airport, Akutan, AK (78 FR 45477). Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Class E airspace designations are published in paragraph 6005, of FAA Order 7400.9X dated August 7, 2013, and effective September 15, 2013, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in that Order. The Rule This action amends Title 14 Code of Federal Regulations (14 CFR) Part 71 by establishing Class E airspace extending upward from 700 feet above the surface within a 3.5-mile radius of Akutan Airport, Akutan, AK, with a segment extending from the 3.5-mile radius to 5.5 miles northwest of the airport. This action ensures the safety and management of aircraft operations at the airport. The FAA has determined this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the E:\FR\FM\27SER1.SGM 27SER1

Agencies

[Federal Register Volume 78, Number 188 (Friday, September 27, 2013)]
[Rules and Regulations]
[Pages 59621-59622]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23505]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 78, No. 188 / Friday, September 27, 2013 / 
Rules and Regulations

[[Page 59621]]



DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Part 391

[Docket No. FSIS-2013-0026]


Extension of the Current Fees for the Accredited Laboratory 
Program

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Interim final rule.

-----------------------------------------------------------------------

SUMMARY: The Accredited Laboratory Program is the FSIS program in which 
non-Federal laboratories are accredited as eligible to perform analyses 
on official regulatory samples of raw or processed meat and poultry 
products, and through which a check sample program for quality 
assurance is conducted. The program is funded by user fees. The current 
fee regulation is due to expire at the end of the present fiscal year. 
In order to provide time to develop a proposed rule that will establish 
a formula for determining the fee, FSIS is extending the current 
laboratory accreditation fee.

DATES: This final rule is effective September 27, 2013.

ADDRESSES: FSIS invites interested persons to submit comments on this 
rule. Comments may be submitted by either of the following methods:
     Federal eRulemaking Portal: This Web site provides the 
ability to type short comments directly into the comment field on this 
Web page or attach a file for lengthier comments. Go to http://www.regulations.gov. Follow the on-line instructions at that site for 
submitting comments.
     Mail, including CD-ROMs, etc.: Send to Docket Clerk, U.S. 
Department of Agriculture, Food Safety and Inspection Service, Patriots 
Plaza 3, 1400 Independence Avenue SW., Mailstop 3782, Room 8-163B, 
Washington, DC 20250-3700.
     Hand- or courier-delivered submittals: Deliver to Patriots 
Plaza 3, 355 E Street SW., Room 8-163B, Washington, DC 20250-3700.
    Instructions: All items submitted by mail or electronic mail must 
include the Agency name and docket number FSIS-2013-0026. Comments 
received in response to this docket will be made available for public 
inspection and posted without change, including any personal 
information, to http://www.regulations.gov.
    Docket: For access to background documents or comments received, go 
to the FSIS Docket Room at Patriots Plaza 3, 355 E. Street SW., Room 8-
164, Washington, DC 20250-3700 between 8:00 a.m. and 4:30 p.m., Monday 
through Friday.

FOR FURTHER INFORMATION CONTACT: Contact Charles Williams, Director, 
Issuance Staff, Office of Policy and Program Development, Food Safety 
and Inspection Service, USDA, 1400 Independence Avenue SW., Room 6077, 
South Building, Washington, DC 20250; Telephone: (202) 720-5627.

SUPPLEMENTARY INFORMATION: 

Background

    FSIS accredits non-Federal analytical laboratories under its 
Accredited Laboratory Program. Such accreditation allows laboratories 
to conduct analyses of official meat and poultry samples. The Food, 
Agriculture, Conservation, and Trade Act of 1990, as amended, mandates 
that laboratory accreditation fees cover the costs of the Accredited 
Laboratory Program. This same Act mandates an annual payment of an 
accreditation fee on the anniversary date of each accreditation.
    On April 12, 2011, FSIS issued a final rule entitled, ``New 
Formulas for Calculating the Basetime, Overtime, Holiday, and 
Laboratory Services Rates; Rate Changes Based on the Formulas; and 
Increased Fees for the Accredited Laboratory Program'' (76 FR 20220). 
The rule increased fees for the Accredited Laboratory Program beginning 
in fiscal year 2012 in order to ensure FSIS recovered the cost of 
providing laboratory accreditation services. The current laboratory 
accreditation fee of $5,000 expires September 30, 2013. However, 
because the Accredited Laboratory Program fee continues to be 
necessary, FSIS is extending the current fee. FSIS plans to develop and 
propose a new formula for calculating the fee.

Interim Final Rule

    FSIS is amending 9 CFR 391.5 to keep the laboratory accreditation 
fee at $5,000.00. In accordance with section 553 of the Administrative 
Procedure Act (5 U.S.C. 553), the Agency finds good cause for making 
this interim rule effective upon publication. At the same time, 
however, FSIS is providing for a 30-day comment period. FSIS will 
propose changes to the laboratory accreditation fees through future 
rulemaking.

Executive Order 12866 Regulatory Review

    This rule has been reviewed under Executive Order 12866 by the 
Office of Management and Budget (OMB) and has been determined to be 
``not significant'' for purposes of E.O. 12866.

Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act (5 U.S.C. 601-612), 
the FSIS Administrator has examined the economic implications of the 
rule and has determined that it will not have a significant impact on a 
substantial number of small entities.

Executive Order 12988 Civil Justice Reform

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. Under this rule: (1) All State and local laws and 
regulations that are inconsistent with this rule will be preempted; (2) 
no retroactive effect will be given to this rule; and (3) no 
retroactive proceedings will be required before parties may file suit 
in court challenging this rule.

Executive Order 13175 Indian Tribal Governments

    This rule has been reviewed in accordance with the requirements of 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments. The review reveals that this regulation will not have 
substantial and direct effects on Tribal governments and will not have 
significant Tribal implications.

Paperwork Reduction Act

    This rule does not contain any new information collection or record 
keeping requirements that are subject to the

[[Page 59622]]

Office of Management and Budget (OMB) approval under the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq.

E-Government Act

    FSIS and USDA are committed to achieving the purposes of the E-
Government Act (44 U.S.C. 3601, et seq.) by, among other things, 
promoting the use of the Internet and other information technologies 
and providing increased opportunities for citizen access to government 
information and services, and for other purposes.

Additional Public Notification

    FSIS will announce this rule online through the FSIS Web page 
located at http://www.fsis.usda.gov/wps/portal/fsis/topics/regulations/federal-register.
    FSIS will also make copies of this Federal Register publication 
available 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 constituents and 
stakeholders. The Update is communicated via Listserv, a free 
electronic mail subscription service for industry, trade groups, 
consumer interest groups, health professionals, and other individuals 
who have asked to be included. The Update is also available on the FSIS 
Web page. In addition, FSIS offers an electronic mail subscription 
service which provides automatic and customized access to selected food 
safety news and information. This service is available at http://www.fsis.usda.gov/wps/portal/fsis/programs-and-services/email-subscription-service. Options range from recalls to export information 
to regulations, directives, and notices. Customers can add or delete 
subscriptions themselves, and have the option to password protect their 
accounts.

USDA Nondiscrimination Statement

    The U.S. Department of Agriculture (USDA) prohibits discrimination 
in all its programs and activities on the basis of race, color, 
national origin, gender, religion, age, disability, political beliefs, 
sexual orientation, and marital or family status. (Not all prohibited 
bases apply to all programs.)
    Persons with disabilities who require alternative means for 
communication of program information (Braille, large print, audiotape, 
etc.) should contact USDA's Target Center at (202) 720-2600 (voice and 
TTY).
    To file a written complaint of discrimination, write USDA, Office 
of the Assistant Secretary for Civil Rights, 1400 Independence Avenue 
SW., Washington, DC 20250-9410 or call (202) 720-5964 (voice and TTY). 
USDA is an equal opportunity provider and employer.

List of Subjects in 9 CFR Part 391

    Fees and charges, Government employees, Meat inspection, Poultry 
products.

    Accordingly, 9 CFR part 391 is amended as follows:

PART 391--FEES AND CHARGES FOR INSPECTION SERVICES AND LABORATORY 
ACCREDITATION

0
1. The authority citation for part 391 continues to read as follows:

    Authority:  7 U.S.C. 138f; 7 U.S.C. 1622, 1627 and 2219a; 21 
U.S.C. 451 et seq.; 21 U.S.C. 601-695; 7 CFR 2.18 and 2.53.


0
2. In Sec.  391.5, paragraph (a) is revised to read as follows:


Sec.  391.5  Laboratory accreditation fee.

    (a) The annual fee for the initial accreditation and maintenance of 
accreditation provided pursuant to Sec.  439.5 of this chapter shall be 
$5,000.00.
* * * * *

    Done at Washington, DC, on: September 20, 2013.
Alfred V. Almanza,
Administrator.
[FR Doc. 2013-23505 Filed 9-26-13; 8:45 am]
BILLING CODE 3410-DM-P