Retail Exemptions Adjusted Dollar Limitations, 38841-38843 [2020-13913]

Download as PDF jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Notices APHIS, Veterinary Services, 1920 Dayton Road, Ames, IA 50010; (515) 337–7911; christina.m.loiacono@ usda.gov. For information on the information collection process, contact Mr. Joseph Moxey, APHIS Information Collection Coordinator, at (301) 851– 2483; joseph.moxey@usda.gov. SUPPLEMENTARY INFORMATION: Title: National Veterinary Services Laboratories; Bovine Spongiform Encephalopathy Surveillance Program. OMB Control Number: 0579–0409. Type of Request: Revision to and extension of approval of an information collection. Abstract: Under the Animal Health Protection Act (7 U.S.C. 8301 et seq.), the Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture (USDA) is authorized, among other things, to carry out activities to detect, control, and eradicate pests and diseases of livestock within the United States. APHIS’ National Veterinary Services Laboratories (NVSL) safeguard U.S. animal health and contribute to public health by ensuring that timely and accurate laboratory support is provided by their nationwide animal health diagnostic system. USDA complies with the standard set by the World Organization for Animal Health (OIE) for bovine spongiform encephalopathy (BSE) surveillance. This compliance is critical for maintaining our BSE-risk status with the OIE. Our BSE surveillance program requires information collection activities, such as completing the USDA BSE Surveillance Submission form and the USDA BSE Surveillance Data Collection form. We are asking the Office of Management and Budget (OMB) to approve our use of these information collection activities, as described, for an additional 3 years. The purpose of this notice is to solicit comments from the public (as well as affected agencies) concerning our information collection. These comments will help us: (1) Evaluate whether the collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; (2) Evaluate the accuracy of our estimate of the burden of the collection of information, including the validity of the methodology and assumptions used; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, through use, as VerDate Sep<11>2014 20:25 Jun 26, 2020 Jkt 250001 appropriate, of automated, electronic, mechanical, and other collection technologies; e.g., permitting electronic submission of responses. Estimate of burden: The public burden for this collection of information is estimated to average 0.10 hours per response. Respondents: Slaughter establishments, offsite collection facilities for condemned slaughter cattle, rendering 3D/4D facilities, State animal health personnel, veterinary diagnostic laboratories, and accredited veterinarians. Estimated annual number of respondents: 1,099. Estimated annual number of responses per respondent: 23. Estimated annual number of responses: 25,640. Estimated total annual burden on respondents: 2,565 hours. (Due to averaging, the total annual burden hours may not equal the product of the annual number of responses multiplied by the reporting burden per response.) All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record. Done in Washington, DC, this 24th day of June 2020. Mark Davidson, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2020–13944 Filed 6–26–20; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service [Docket No. FSIS–2020–0012] Retail Exemptions Adjusted Dollar Limitations Food Safety and Inspection Service, USDA. ACTION: Notice. AGENCY: The Food Safety and Inspection Service (FSIS) is announcing the dollar limitations on the amount of meat and meat food products and poultry and poultry products that a retail store can sell to hotels, restaurants, and similar institutions without disqualifying itself for exemption from Federal inspection requirements. Because Siluriformes fish have been regulated, along with traditional meat products, under the Federal Meat Inspection Act since 2016, FSIS has included Siluriformes fish and fish products in its calculations for the retail dollar limitation for meat products in this announcement. FSIS requests SUMMARY: PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 38841 comments on the inclusion of Siluriformes fish and fish products with meat products. DATES: Applicable July 29, 2020. Comments on this notice must be received on or before August 28, 2020. ADDRESSES: FSIS invites interested persons to submit comments on this Federal Register notice. Comments may be submitted by one of the following methods: • Federal eRulemaking Portal: This website provides commenters the ability to type short comments directly into the comment field on the web page or to attach a file for lengthier comments. Go to 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, 1400 Independence Avenue SW, Mailstop 3758, Room 6065, Washington, DC 20250–3700. • Hand- or courier-delivered submittals: Deliver to 1400 Independence Avenue SW, Room 6065, Washington, DC 20250–3700. Instructions: All items submitted by mail or electronic mail must include the Agency name and docket number FSIS– 2020–0012. 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, call (202)720–5627 to schedule a time to visit the FSIS Docket Room at 1400 Independence Avenue SW, Room 6065, Washington, DC 20250–3700. FOR FURTHER INFORMATION CONTACT: Gina Kouba, Office of Policy and Program Development, Food Safety and Inspection Service, USDA, 1400 Independence Avenue SW, Room 6065, South Building, Washington, DC 20250– 3700; (202) 720–5627. 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 a comprehensive statutory framework to ensure that meat and meat food products and poultry and poultry products prepared for commerce are wholesome, not adulterated, and properly labeled and packaged. Statutory provisions requiring inspection of the processing of meat and meat food products and poultry and poultry products do not apply to operations of types traditionally and E:\FR\FM\29JNN1.SGM 29JNN1 38842 Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES usually conducted at retail stores and restaurants in regard to products offered for sale to consumers in normal retail quantities (21 U.S.C. 661(c)(2) and 454(c)(2)). FSIS’s regulations (9 CFR 303.1(d) and 381.10(d)) elaborate on the conditions under which requirements for inspection do not apply to retail operations involving the preparation of meat and meat food products and the processing of poultry and poultry products. Sales to Hotels, Restaurants, and Similar Institutions Under the aforementioned regulations, sales to hotels, restaurants, and similar institutions (other than household consumers) disqualify a retail store from exemption if the retail product sales exceed either of two maximum limits: 25 percent of the dollar value of the total retail product sales of the amenable product or the calendar year retail dollar limitation set by the FSIS Administrator. The retail dollar limitation is adjusted automatically during the first quarter of the year if the Consumer Price Index (CPI), published by the Bureau of Labor Statistics, shows an increase or decrease of more than $500 in the price of the same volume of product for the previous year. FSIS publishes a notice of the adjusted retail dollar limitations in the Federal Register. (See 9 CFR 303.1(d)(2)(iii)(b) and 381.10(d)(2)(iii)(b).) The CPI for 2019 reveals an annual average price increase for meat and meat food products at 1.30 percent and an annual average price decrease for poultry and poultry products at 0.3 percent. When rounded to the nearest $100 dollar, the retail dollar limitation for meat and meat food products increased by $1,000 and the retail dollar limitation for poultry and poultry products decrease by $200. In accordance with 9 CFR 303.1(d)(2)(iii)(b) and 381.10(d)(2)(iii)(b), because the retail dollar limitations for meat and meat food products increased by more than $500 and FSIS then included an additional $2,500 1 to account for Siluriformes fish and fish product retail sales in the 2020 calculation, FSIS is increasing the dollar limitation on sales to hotels, restaurants, and similar institutions to $79,200 for meat and meat food products for calendar year 2020. Because the decrease in poultry prices is less than $500, FSIS is making no 1 Please see Adjustment to Account for Siluriformes Methodology section for more information about how this amount was calculated. VerDate Sep<11>2014 20:25 Jun 26, 2020 Jkt 250001 adjustment in the dollar limitation for poultry and poultry products. The dollar limitation for poultry and poultry products remains unchanged at $56,600 for calendar year 2020. Adjustment to Account for Siluriformes Methodology FSIS used the 2012 Economic Census,2 the 2017 Economic Census,3 the 2017 Food Industry Association’s (FMI) Supermarket Sales,4 the 2017 National Fisheries Institute’s (NFI) consumption data,5 and the Bureau of Labor Statistics’ CPI 6 to estimate the total sales of Siluriformes fish and fish products at retail. FSIS then used the methodology in the October 3, 1970 ‘‘Revision Pursuant to Wholesome Meat Act’’ final rule (35 FR 15552), which established the initial baseline value used for the meat and poultry retail exemptions, to determine the percentage of exempted sales.7 According to the 2017 Economic Census there were $625 billion in supermarket sales. The 2017 FMI report noted that 12.64 percent, or $79 billion, of supermarket sales were for meat, poultry, and fish. FSIS assumed a third of these sales, or $26 billion, were for fish products. FSIS then used NFI’s 2017 Top Ten List to estimate the total sales of Siluriformes at retail. NFI’s Top Ten List breaks down the pounds per capita consumption rate of fish in the U.S.; the sum of the consumption of Catfish and Pangasius was 7.75 percent of total fish consumption. FSIS assumed that the percentage of the domestic consumption of Catfish and Pangasius represented the percentage of Siluriformes retail sales, thus Siluriformes sales were estimated to be $26 billion multiplied by 7.75 percent, or $2 billion. Following the final rule’s 2 2012 Economic Census of the United States. Table EC1244SSSZ1 Retail Trade: Subject Series— Estab & Firm Size: Summary Statistics by Sales Size of Establishments for the U.S. NAICS 44511 Supermarkets and other grocery (except convenience) stores. 3 2017 Economic Census of the United States. Table EC1700BASIC. NAICS 44511 Supermarkets and other grocery (except convenience) stores. 4 Food Industry Association (2017) Supermarket Sales by Department-Percent of Total Supermarket Sales. Accessed on March 6, 2020: https:// www.fmi.org/docs/default-source/research/ supermarket-sales-by-department-2018fd94300324 aa67249237ff0000c12749.pdf?sfvrsn=2c3e576e_0 5 National Fisheries Institute. (2018, December 13). Top 10 List Shows Significant Increase in Seafood Consumption. Accessed on March 9, 2020: https://www.aboutseafood.com/press_release/top10-list-shows-significant-increase-in-seafoodconsumption/ . 6 Bureau of Labor Statistics. Consumer Price Index. Fish and seafood in U.S. city average, all urban consumers, not seasonally adjusted (CUUR0000SEFG). 7 In the final rule, the exemption percentage was half the percentage of sales. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 methodology to exempt half of the percentage of Siluriformes sales, in this case 3.88 percent, the fish retail exemption total is $79 million. The 2012 Economic Census has sales revenue ranges for supermarket sales. FSIS applied the 2017 Economic Census numbers to the proportions in the 2012 Economic Census. FSIS then calculated the midpoint sales for each range and multiplied the midpoint by the number of retail establishments in each sales category to estimate total sales per category. FSIS then used the same calculations above to determine the Siluriformes sales per category. Finally, FSIS used the midpoint sales amounts to sum the number of retail establishments in each sales category until the total Siluriformes fish and fish products revenue amount was less than or equal to $79 million. This calculation would exempt approximately 33,722 retail establishments. The exemption amount per retail establishment would equal $79 million divided by 33,722 retail establishments, or about $2,376 8 per retail establishment. This number was inflated to $2,466 9 and then rounded to the nearest hundred to equal $2,500 per establishment. FSIS requests comments on the inclusion of Siluriformes fish and fish products in the retail exemption dollar limitation for all meat products. Congressional Review Act Pursuant to the Congressional Review Act at 5 U.S.C. 801 et seq., the Office of Information and Regulatory Affairs has determined that this notice is not a ‘‘major rule,’’ as defined by 5 U.S.C. 804(2). Additional Public Notification Public awareness of all segments of rulemaking and policy development is important. Consequently, FSIS will announce this Federal Register notice on-line through its web page located at: http://www.fsis.usda.gov/federalregister. FSIS will also announce and provide a link to this Federal Register notice 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 8 Calculations may differ due to rounding. of Labor Statistics: CPI-All Urban Consumers (Current Series): CUUR0000SEFG: Not Seasonally Adjusted: Fish and seafood U.S. city average: Annual. CPI (2017) = 287.676; CPI (2019) = 298.493; (298.493–287.676)/287.676=3.8%; $2,376+($2,376*0.038) = $2,466. 9 Bureau E:\FR\FM\29JNN1.SGM 29JNN1 Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Notices available on the FSIS web page. Through the FSIS web page, the Agency 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: http://www.fsis.usda.gov/subscribe. Options range from recalls to export information, regulations, directives, and notices. Customers can add or delete subscriptions themselves and have the option to password protect their accounts. USDA Non-Discrimination Statement No agency, officer, or employee of the USDA shall, on the grounds of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, age, marital status, family/ parental status, income derived from a public assistance program, or political beliefs, exclude from participation in, deny the benefits of, or subject to discrimination any person in the United States under any program or activity conducted by the USDA. How to File a Complaint of Discrimination To file a complaint of discrimination, complete the USDA Program Discrimination Complaint Form, which may be accessed online at http:// www.ocio.usda.gov/sites/default/files/ docs/2012/Complain_combined_6_8_ 12.pdf, or write a letter signed by you or your authorized representative. Send your completed complaint form or letter to USDA by mail, fax, or email: Mail: U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue SW, Washington, DC 20250–9410, Fax: (202) 690–7442, Email: program.intake@usda.gov. Persons with disabilities who require alternative means for communication (Braille, large print, audiotape, etc.), should contact USDA’s TARGET Center at (202) 720–2600 (voice and TDD). Paul Kiecker, Administrator. [FR Doc. 2020–13913 Filed 6–26–20; 8:45 am] jbell on DSKJLSW7X2PROD with NOTICES BILLING CODE 3410–DM–P VerDate Sep<11>2014 20:25 Jun 26, 2020 Jkt 250001 DEPARTMENT OF AGRICULTURE Food and Nutrition Service Agency Information Collection Activities: Proposed Collection; Comment Request—FNS 275—SNAP Quality Control Regulations Food and Nutrition Service (FNS), USDA. ACTION: Notice. AGENCY: 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 is a revision of a currently approved information collection request. SUMMARY: Written comments must be received on or before August 28, 2020. ADDRESSES: Comments may be sent to Stephanie Proska, Food and Nutrition Service, U.S. Department of Agriculture, 1320 Braddock Place, Room 05.5040, Alexandria, VA 22314. Comments may also be submitted via email to SNAPHQWEB@fns.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 Stephanie Proska at 703–305–2437. 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 shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions that were used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on those who are to respond, including use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Title: Supplemental Nutrition Assistance Program (SNAP). DATES: PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 38843 OMB Number: 0584–0303. Expiration Date: July 31, 2020. Type of Request: Revision of a currently approved collection. Abstract: Section 16 of the Food and Nutrition Act of 2008, as amended, provides the legislative basis for the operation of the SNAP QC system. Part 275, Subpart C, of SNAP regulations implements the legislative mandates found in Section 16. Section 11(d) of the Food and Nutrition Act of 2008, as amended (the Act), requires each State agency administering SNAP to submit a plan of operation specifying the manner in which the program is conducted and Section 11(e) of the Act authorizes the inclusion of other provisions as required by regulation. In Part 275, there are four components of the Quality Control (QC) system that are covered in this required information collection. They are: (1) The sampling plan; (2) the arbitration process; (3) the good cause process; and (4) QC-related New Investments. Each State agency is required to develop a sampling plan that demonstrates the integrity of its case selection process. The QC system is designed to measure each State agency’s payment error rate and case and procedural error rate based on a statistically valid sample of SNAP cases. A State agency’s payment error rate represents the proportion of cases that were reported through a QC review as being ineligible, as well as the proportion of SNAP benefits that were either overissued or underissued to SNAP households. A State agency’s case and procedural error rate represents the correctness of a proportion of cases that were measured in a QC review in which the State agency took an action to deny an application or suspend or terminate the benefits of a participating household. It also includes the accuracy of measuring a State’s compliance with Federal procedural requirements for those actions, which include the timeliness of the action and adherence to notice requirements. The QC system also contains procedures for resolving differences in review findings between State Agencies and FNS. This is referred to as the arbitration process. As part of the arbitration process, State agencies must defend, in writing, their disagreement with the Federal re-reviewer’s finding or disposition of a case and submit their defense to the arbitrator for a decision to be made on their disagreement. The QC system also contains procedures that provide relief for State agencies from all or a part of a QC liability when a State agency can demonstrate that a part or all of an excessive error rate was due to an E:\FR\FM\29JNN1.SGM 29JNN1

Agencies

[Federal Register Volume 85, Number 125 (Monday, June 29, 2020)]
[Notices]
[Pages 38841-38843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13913]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

[Docket No. FSIS-2020-0012]


Retail Exemptions Adjusted Dollar Limitations

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Notice.

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

SUMMARY: The Food Safety and Inspection Service (FSIS) is announcing 
the dollar limitations on the amount of meat and meat food products and 
poultry and poultry products that a retail store can sell to hotels, 
restaurants, and similar institutions without disqualifying itself for 
exemption from Federal inspection requirements. Because Siluriformes 
fish have been regulated, along with traditional meat products, under 
the Federal Meat Inspection Act since 2016, FSIS has included 
Siluriformes fish and fish products in its calculations for the retail 
dollar limitation for meat products in this announcement. FSIS requests 
comments on the inclusion of Siluriformes fish and fish products with 
meat products.

DATES: Applicable July 29, 2020. Comments on this notice must be 
received on or before August 28, 2020.

ADDRESSES: FSIS invites interested persons to submit comments on this 
Federal Register notice. Comments may be submitted by one of the 
following methods:
     Federal eRulemaking Portal: This website provides 
commenters the ability to type short comments directly into the comment 
field on the web page or to attach a file for lengthier comments. Go to 
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, 1400 
Independence Avenue SW, Mailstop 3758, Room 6065, Washington, DC 20250-
3700.
     Hand- or courier-delivered submittals: Deliver to 1400 
Independence Avenue SW, Room 6065, Washington, DC 20250-3700.
    Instructions: All items submitted by mail or electronic mail must 
include the Agency name and docket number FSIS-2020-0012. 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, 
call (202)720-5627 to schedule a time to visit the FSIS Docket Room at 
1400 Independence Avenue SW, Room 6065, Washington, DC 20250-3700.

FOR FURTHER INFORMATION CONTACT: Gina Kouba, Office of Policy and 
Program Development, Food Safety and Inspection Service, USDA, 1400 
Independence Avenue SW, Room 6065, South Building, Washington, DC 
20250-3700; (202) 720-5627.

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 a 
comprehensive statutory framework to ensure that meat and meat food 
products and poultry and poultry products prepared for commerce are 
wholesome, not adulterated, and properly labeled and packaged. 
Statutory provisions requiring inspection of the processing of meat and 
meat food products and poultry and poultry products do not apply to 
operations of types traditionally and

[[Page 38842]]

usually conducted at retail stores and restaurants in regard to 
products offered for sale to consumers in normal retail quantities (21 
U.S.C. 661(c)(2) and 454(c)(2)). FSIS's regulations (9 CFR 303.1(d) and 
381.10(d)) elaborate on the conditions under which requirements for 
inspection do not apply to retail operations involving the preparation 
of meat and meat food products and the processing of poultry and 
poultry products.

Sales to Hotels, Restaurants, and Similar Institutions

    Under the aforementioned regulations, sales to hotels, restaurants, 
and similar institutions (other than household consumers) disqualify a 
retail store from exemption if the retail product sales exceed either 
of two maximum limits: 25 percent of the dollar value of the total 
retail product sales of the amenable product or the calendar year 
retail dollar limitation set by the FSIS Administrator. The retail 
dollar limitation is adjusted automatically during the first quarter of 
the year if the Consumer Price Index (CPI), published by the Bureau of 
Labor Statistics, shows an increase or decrease of more than $500 in 
the price of the same volume of product for the previous year. FSIS 
publishes a notice of the adjusted retail dollar limitations in the 
Federal Register. (See 9 CFR 303.1(d)(2)(iii)(b) and 
381.10(d)(2)(iii)(b).)
    The CPI for 2019 reveals an annual average price increase for meat 
and meat food products at 1.30 percent and an annual average price 
decrease for poultry and poultry products at 0.3 percent. When rounded 
to the nearest $100 dollar, the retail dollar limitation for meat and 
meat food products increased by $1,000 and the retail dollar limitation 
for poultry and poultry products decrease by $200. In accordance with 9 
CFR 303.1(d)(2)(iii)(b) and 381.10(d)(2)(iii)(b), because the retail 
dollar limitations for meat and meat food products increased by more 
than $500 and FSIS then included an additional $2,500 \1\ to account 
for Siluriformes fish and fish product retail sales in the 2020 
calculation, FSIS is increasing the dollar limitation on sales to 
hotels, restaurants, and similar institutions to $79,200 for meat and 
meat food products for calendar year 2020.
---------------------------------------------------------------------------

    \1\ Please see Adjustment to Account for Siluriformes 
Methodology section for more information about how this amount was 
calculated.
---------------------------------------------------------------------------

    Because the decrease in poultry prices is less than $500, FSIS is 
making no adjustment in the dollar limitation for poultry and poultry 
products. The dollar limitation for poultry and poultry products 
remains unchanged at $56,600 for calendar year 2020.

Adjustment to Account for Siluriformes Methodology

    FSIS used the 2012 Economic Census,\2\ the 2017 Economic Census,\3\ 
the 2017 Food Industry Association's (FMI) Supermarket Sales,\4\ the 
2017 National Fisheries Institute's (NFI) consumption data,\5\ and the 
Bureau of Labor Statistics' CPI \6\ to estimate the total sales of 
Siluriformes fish and fish products at retail. FSIS then used the 
methodology in the October 3, 1970 ``Revision Pursuant to Wholesome 
Meat Act'' final rule (35 FR 15552), which established the initial 
baseline value used for the meat and poultry retail exemptions, to 
determine the percentage of exempted sales.\7\
---------------------------------------------------------------------------

    \2\ 2012 Economic Census of the United States. Table EC1244SSSZ1 
Retail Trade: Subject Series--Estab & Firm Size: Summary Statistics 
by Sales Size of Establishments for the U.S. NAICS 44511 
Supermarkets and other grocery (except convenience) stores.
    \3\ 2017 Economic Census of the United States. Table 
EC1700BASIC. NAICS 44511 Supermarkets and other grocery (except 
convenience) stores.
    \4\ Food Industry Association (2017) Supermarket Sales by 
Department-Percent of Total Supermarket Sales. Accessed on March 6, 
2020: https://www.fmi.org/docs/default-source/research/supermarket-sales-by-department-2018fd94300324aa67249237ff0000c12749.pdf?sfvrsn=2c3e576e_0
    \5\ National Fisheries Institute. (2018, December 13). Top 10 
List Shows Significant Increase in Seafood Consumption. Accessed on 
March 9, 2020: https://www.aboutseafood.com/press_release/top-10-list-shows-significant-increase-in-seafood-consumption/ .
    \6\ Bureau of Labor Statistics. Consumer Price Index. Fish and 
seafood in U.S. city average, all urban consumers, not seasonally 
adjusted (CUUR0000SEFG).
    \7\ In the final rule, the exemption percentage was half the 
percentage of sales.
---------------------------------------------------------------------------

    According to the 2017 Economic Census there were $625 billion in 
supermarket sales. The 2017 FMI report noted that 12.64 percent, or $79 
billion, of supermarket sales were for meat, poultry, and fish. FSIS 
assumed a third of these sales, or $26 billion, were for fish products. 
FSIS then used NFI's 2017 Top Ten List to estimate the total sales of 
Siluriformes at retail. NFI's Top Ten List breaks down the pounds per 
capita consumption rate of fish in the U.S.; the sum of the consumption 
of Catfish and Pangasius was 7.75 percent of total fish consumption. 
FSIS assumed that the percentage of the domestic consumption of Catfish 
and Pangasius represented the percentage of Siluriformes retail sales, 
thus Siluriformes sales were estimated to be $26 billion multiplied by 
7.75 percent, or $2 billion. Following the final rule's methodology to 
exempt half of the percentage of Siluriformes sales, in this case 3.88 
percent, the fish retail exemption total is $79 million.
    The 2012 Economic Census has sales revenue ranges for supermarket 
sales. FSIS applied the 2017 Economic Census numbers to the proportions 
in the 2012 Economic Census. FSIS then calculated the midpoint sales 
for each range and multiplied the midpoint by the number of retail 
establishments in each sales category to estimate total sales per 
category. FSIS then used the same calculations above to determine the 
Siluriformes sales per category. Finally, FSIS used the midpoint sales 
amounts to sum the number of retail establishments in each sales 
category until the total Siluriformes fish and fish products revenue 
amount was less than or equal to $79 million. This calculation would 
exempt approximately 33,722 retail establishments. The exemption amount 
per retail establishment would equal $79 million divided by 33,722 
retail establishments, or about $2,376 \8\ per retail establishment. 
This number was inflated to $2,466 \9\ and then rounded to the nearest 
hundred to equal $2,500 per establishment. FSIS requests comments on 
the inclusion of Siluriformes fish and fish products in the retail 
exemption dollar limitation for all meat products.
---------------------------------------------------------------------------

    \8\ Calculations may differ due to rounding.
    \9\ Bureau of Labor Statistics: CPI-All Urban Consumers (Current 
Series): CUUR0000SEFG: Not Seasonally Adjusted: Fish and seafood 
U.S. city average: Annual. CPI (2017) = 287.676; CPI (2019) = 
298.493; (298.493-287.676)/287.676=3.8%; $2,376+($2,376*0.038) = 
$2,466.
---------------------------------------------------------------------------

Congressional Review Act

    Pursuant to the Congressional Review Act at 5 U.S.C. 801 et seq., 
the Office of Information and Regulatory Affairs has determined that 
this notice is not a ``major rule,'' as defined by 5 U.S.C. 804(2).

Additional Public Notification

    Public awareness of all segments of rulemaking and policy 
development is important. Consequently, FSIS will announce this Federal 
Register notice on-line through its web page located at: http://www.fsis.usda.gov/federal-register.
    FSIS will also announce and provide a link to this Federal Register 
notice 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

[[Page 38843]]

available on the FSIS web page. Through the FSIS web page, the Agency 
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: http://www.fsis.usda.gov/subscribe. Options range from recalls to export information, 
regulations, directives, and notices. Customers can add or delete 
subscriptions themselves and have the option to password protect their 
accounts.

USDA Non-Discrimination Statement

    No agency, officer, or employee of the USDA shall, on the grounds 
of race, color, national origin, religion, sex, gender identity, sexual 
orientation, disability, age, marital status, family/parental status, 
income derived from a public assistance program, or political beliefs, 
exclude from participation in, deny the benefits of, or subject to 
discrimination any person in the United States under any program or 
activity conducted by the USDA.

How to File a Complaint of Discrimination

    To file a complaint of discrimination, complete the USDA Program 
Discrimination Complaint Form, which may be accessed online at http://www.ocio.usda.gov/sites/default/files/docs/2012/Complain_combined_6_8_12.pdf, or write a letter signed by you or your 
authorized representative.
    Send your completed complaint form or letter to USDA by mail, fax, 
or email: Mail: U.S. Department of Agriculture, Director, Office of 
Adjudication, 1400 Independence Avenue SW, Washington, DC 20250-9410, 
Fax: (202) 690-7442, Email: [email protected].
    Persons with disabilities who require alternative means for 
communication (Braille, large print, audiotape, etc.), should contact 
USDA's TARGET Center at (202) 720-2600 (voice and TDD).

Paul Kiecker,
Administrator.
[FR Doc. 2020-13913 Filed 6-26-20; 8:45 am]
BILLING CODE 3410-DM-P