Retail Exemptions Adjusted Dollar Limitations, 38841-38843 [2020-13913]
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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
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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:
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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 https://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 https://
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
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Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Notices
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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.
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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.
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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:
https://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
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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:
https://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 https://
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]
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BILLING CODE 3410–DM–P
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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 https://
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:
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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
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]]>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]
-----------------------------------------------------------------------
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
https://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 https://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\
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\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.
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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.
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\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.
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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: https://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: https://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 https://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
