2021 Rate Changes for the Basetime, Overtime, Holiday, Laboratory Services, and Export Application Fees, 79992-79994 [2020-27347]

Download as PDF 79992 Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices Estimated annual number of respondents: 14,000. Estimated annual number of responses per respondent: 1. Estimated annual number of responses: 14,000. Estimated total annual burden on respondents (hours): 14,000. Estimate of Burden: The public reporting burden of the insurance companies for the Appendix I collection of Controlled Business information is estimated to average 24 hours per response. Respondents/Affected Entities: Insurance companies reinsured by FCIC. Estimated annual number of respondents: 14. Estimated annual number of responses per respondent: 1. Estimated annual number of responses: 14. Estimated total annual burden on respondents (hours): 336. Appendix II—Plan of Operations Estimate of Burden: The public reporting burden of the insurance companies for the collection of Appendix II information is estimated to average 128 hours per response. Respondents/Affected Entities: Insurance companies reinsured by FCIC. Estimated annual number of respondents: 14. Estimated annual number of responses per respondent: 1. Estimated annual number of responses: 14. Estimated total annual burden on respondents (hours): 1,792. Quality Control and Training Plan and Report jbell on DSKJLSW7X2PROD with NOTICES Estimate of Burden: The public reporting burden of the insurance companies for the collection of Appendix IV information is estimated to average 74 hours per response. Respondents/Affected Entities: Insurance companies reinsured by FCIC. Estimated annual number of respondents: 14. Estimated annual number of responses per respondent: 1. Estimated annual number of responses: 14. Estimated total annual burden on respondents (hours): 1,036. Estimate of Burden: The public reporting burden of agents the Appendix IV training requirements is estimated to average 4 hours per response. VerDate Sep<11>2014 23:25 Dec 10, 2020 Jkt 253001 Loss Adjuster Training Requirements Estimate of Burden: The public reporting burden of loss adjusters for the Appendix IV training requirements is estimated to average 17 hours per response. Respondents/Affected Entities: Insurance company loss adjusters. Estimated annual number of respondents: 5,500. Estimated annual number of responses per respondent: 1. Estimated annual number of responses: 5,500. Estimated total annual burden on respondents (hours): 93,500. 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. Martin R. Barbre, Manager, Federal Crop Insurance Corporation. [FR Doc. 2020–27348 Filed 12–10–20; 8:45 am] FSIS will charge the rates announced in this notice beginning January 3, 2021. FOR FURTHER INFORMATION CONTACT: For further information contact Michael Toner, Director, Budget Division, Office of the Chief Financial Officer, FSIS, U.S. Department of Agriculture, Room 2159, South Building, 1400 Independence Avenue SW, Washington, DC 20250– 3700; Telephone: (202) 690–8398, Fax: (202) 690–4155. SUPPLEMENTARY INFORMATION: DATES: Background On April 12, 2011, FSIS published a final rule amending its regulations to establish formulas for calculating the rates it charges meat and poultry establishments, egg products plants, and importers and exporters for providing voluntary, overtime, and holiday inspection and identification, certification, and laboratory services (76 FR 20220). In the final rule, FSIS stated that it would use the formulas to calculate the annual rates, publish the rates in Federal Register notices prior to the start of each calendar year, and apply the rates on the first FSIS pay period at the beginning of the calendar year. This notice provides the 2021 rates, which will be applied starting on January 3, 2021. BILLING CODE 3410–08–P Public Health Information System Export Application Fee DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service [Docket Number FSIS–2020–0033] Appendix IV—Quality Control and Program Integrity Agent Training Requirements Respondents/Affected Entities: Insurance company agents. Estimated annual number of respondents: 14,000. Estimated annual number of responses per respondent: 1. Estimated annual number of responses: 14,000. Estimated total annual burden on respondents (hours): 56,000. 2021 Rate Changes for the Basetime, Overtime, Holiday, Laboratory Services, and Export Application Fees Food Safety and Inspection Service, USDA. ACTION: Notice. AGENCY: The Food Safety and Inspection Service (FSIS) is announcing the 2021 rates it will charge meat and poultry establishments, egg products plants, and importers and exporters for providing voluntary, overtime, and holiday inspection and identification, certification, and laboratory services. Additionally, FSIS is announcing that there will be no changes to the fee FSIS assesses to exporters that choose to apply for export certificates electronically through the export component of the Agency’s Public Health Information System. The 2021 basetime, overtime, holiday, and laboratory services rates will be applied on January 3, 2021. SUMMARY: PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 On June 29, 2016, FSIS published the final rule, ‘‘Electronic Export Application and Certification Charge; Flexibility in the Requirements for Export Inspection Marks, Devices, and Certificates; Egg Products Export Certification’’ (81 FR 42225). The preamble to the final rule explained that FSIS would implement an electronic export application and certification system available through the Agency’s Public Health Information System (PHIS) export component. The electronic export application and certification process provides service options to U.S. exporters, enabling them to electronically submit, track, and manage their export applications. To cover the costs of providing this service, the final rule established a formulabased fee for electronic export applications. The final rule stated that, on an annual basis, the Agency would update the fee and publish the new fee in the Federal Register. On September 6, 2017, FSIS published a Federal Register notice, ‘‘Public Health Information System (PHIS) Export Component Country Implementation’’ (FR 82 42056). The E:\FR\FM\11DEN1.SGM 11DEN1 Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices hours, plus the quotient multiplied by the calendar year’s percentage of cost of living increase, plus the benefits rate, plus the travel and operating rate, plus the overhead rate, plus the allowance for bad debt rate. The calculation for the 2021 basetime rate per hour per program employee is: [FY 2020 OFO Regular Direct Pay divided by the previous fiscal year’s Regular Hours ($434,649,264/ 14,468,095)] = $30.04 + ($30.04 * 1.0% (calendar year 2020 Cost of Living Increase)) = $30.34 + $11.15 (benefits rate) + $2.67 (travel and operating rate) + $22.39 (overhead rate) + $0.00 (bad debt allowance rate) = $66.55, rounded up to $66.56, so that it is divisible by 4. Overtime Rate = The quotient of dividing the Office of Field Operations (OFO) inspection program personnel’s previous fiscal year’s regular direct pay by the previous fiscal year’s regular hours, plus that quotient multiplied by the calendar year’s percentage of cost of living increase, multiplied by 1.5 (for 2021 Rates and Calculations overtime), plus the benefits rate, plus The following table lists the 2021 the travel and operating rate, plus the Rates per hour, per employee, by type overhead rate, plus the allowance for of service: bad debt rate. The calculation for the 2021 overtime 2021 Rate rate per hour per program employee is: (estimates [FY 2020 OFO Regular Direct Pay Service rounded to redivided by previous fiscal year’s Regular flect billable quarters) Hours ($434,649,264/14,468,065)] = $30.04 + ($30.04 * 1.0% (calendar year Basetime ............................... $66.56 2021 Cost of Living Increase)) = $30.34 Overtime ............................... 81.72 Holiday .................................. 96.88 * 1.5 = $45.51 + $11.15 (benefits rate) Laboratory ............................. 84.64 + $2.67 (travel and operating rate) + Export Application ................. * 4.01 $22.39 (overhead rate) + $0.00(bad debt allowance rate) = $81.72, which is * Per application divisible by 4. Holiday Rate = The quotient of The regulations that cover these fees dividing the Office of Field Operations (other than the export application fee) (OFO) inspection program personnel’s state that FSIS will calculate the rates using formulas that include the Office of previous fiscal year’s regular direct pay by the previous fiscal year’s regular Field Operations (OFO) inspection hours, plus that quotient multiplied by program personnel’s previous fiscal the calendar year’s percentage of cost of year’s regular direct pay and regular living increase, multiplied by 2 (for hours (9 CFR 391.2, 391.3, 391.4, 590.126, 590.128, 592.510, 592.520, and holiday pay), plus the benefits rate, plus the travel and operating rate, plus the 592.530). In 2013, an Agency overhead rate, plus the allowance for reorganization eliminated the Office of International Affairs program office and bad debt rate. transferred all of its inspection program The calculation for the 2021 holiday personnel to OFO. Therefore, inspection rate per hour per program employee program personnel’s pay and hours are calculation is: identified in the calculations as ‘‘OFO [FY 2020 OFO Regular Direct Pay inspection program personnel’s’’ pay divided by Regular Hours and hours. ($434,649,264/14,468,095)] = $30.04 + FSIS determined the 2021 rates using ($30.04 * 1.0% (calendar year 2020 Cost the following calculations: of Living Increase)) = $30.34 * 2 = Basetime Rate = The quotient of $60.68 + $11.15(benefits rate) + $2.67 dividing the Office of Field Operations (travel and operating rate) + $22.39 (OFO) inspection program personnel’s (overhead rate) + $0.00 (bad debt previous fiscal year’s regular direct pay allowance rate) = $96.89, rounded down by the previous fiscal year’s regular to 96.88, so that it is divisible by 4. jbell on DSKJLSW7X2PROD with NOTICES notice announced the delayed implementation of the export component to ensure sufficient testing and outreach to stakeholders and that the application fee would be recalculated based on available costs and number of applications, but would not be assessed prior to January 1, 2019. In addition, FSIS announced that it would implement the PHIS Export Component with a limited number of countries and gradually expand implementation to additional countries. On April 29, 2019, FSIS published a Federal Register notice, ‘‘Public Health Information System Export Component Fee’’ (84 FR 17999). This notice announced that starting June 1, 2019, FSIS would assess a fee of $4.01 to exporters that chose to apply for export certificates electronically through the export component of PHIS. As noted below, that fee remains unchanged since 2019. The 2021 export component fee will be applied starting on January 3, 2021. VerDate Sep<11>2014 23:25 Dec 10, 2020 Jkt 253001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 79993 Laboratory Services Rate = The quotient of dividing the Office of Public Health Science (OPHS) previous fiscal year’s regular direct pay by the OPHS previous fiscal year’s regular hours, plus the quotient multiplied by the calendar year’s percentage cost of living increase, plus the benefits rate, plus the travel and operating rate, plus the overhead rate, plus the allowance for bad debt rate. The calculation for the 2021 laboratory services rate per hour per program employee is: [FY 2020 OPHS Regular Direct Pay/ OPHS Regular hours ($24,151,169/ 503,692)] = $47.95 + ($47.95 * 1.0% (calendar year 2020 Cost of Living Increase)) = $48.43 + $11.15 (benefits rate) + $2.67 (travel and operating rate) + $22.39 (overhead rate) + $0.00 (bad debt allowance rate) = $84.64, which is already divisible by 4. Calculations for the Benefits, Travel and Operating, Overhead, and Allowance for Bad Debt Rates These rates are components of the basetime, overtime, holiday, and laboratory services rates formulas. Benefits Rate: The quotient of dividing the previous fiscal year’s direct benefits costs by the previous fiscal year’s total hours (regular, overtime, and holiday), plus that quotient multiplied by the calendar year’s percentage cost of living increase. Some examples of direct benefits are health insurance, retirement, life insurance, and Thrift Savings Plan basic and matching contributions. The calculation for the 2021 benefits rate per hour per program employee is: [FY 2020 Direct Benefits/(Total Regular hours + Total Overtime hours + Total Holiday hours) ($197,034,144/ 17,848,090)] = $11.04 + ($11.04* 1.0% (calendar year 2020 Cost of Living Increase)) = $11.15. Travel and Operating Rate: The quotient of dividing the previous fiscal year’s total direct travel and operating costs by the previous fiscal year’s total hours (regular, overtime, and holiday), plus that quotient multiplied by the calendar year’s percentage of inflation. The calculation for the 2021 travel and operating rate per hour per program employee is: [FY 2020 Total Direct Travel and Operating Costs/(Total Regular hours + Total Overtime hours + Total Holiday hours) ($46,500,647/17,848,090)] = $2.61 + ($2.61 * 2.3% (2021 Inflation) = $2.67. Overhead Rate: The quotient of dividing the previous fiscal year’s indirect costs plus the previous fiscal year’s information technology (IT) costs E:\FR\FM\11DEN1.SGM 11DEN1 79994 Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices in the Public Health Data Communication Infrastructure System Fund plus the provision for the operating balance less any Greenbook costs (i.e., costs of USDA support services prorated to the service component for which fees are charged) that are not related to food inspection by the previous fiscal year’s total hours (regular, overtime, and holiday) worked across all funds, plus the quotient multiplied by the calendar year’s percentage of inflation. The calculation for the 2021 overhead rate per hour per program employee is: [FY 2020 Total Overhead/(Total Regular hours + Total Overtime hours + Total Holiday hours) ($ 390,719,959/ 17,848,090)] = $21.89 + ($21.89 * 2.3% (2020 Inflation) = $22.39. Allowance for Bad Debt Rate = Previous fiscal year’s total allowance for bad debt (for example, debt owed that is not paid in full by plants and establishments that declare bankruptcy) divided by previous fiscal year’s total hours (regular, overtime, and holiday) worked. The 2021 calculation for bad debt rate per hour per program employee is: [FY 2020 Total Bad Debt/(Total Regular hours + Total Overtime hours + Total Holiday hours) = ($49,837/ 17,848,090)] = $0.00. 2021 Electronic Export Application Fee The 2021 Electronic Export Application Fee: Labor Cost ($560,901.60+ ($337,369))+ IT Cost ($1,414,285.60+$0) 576,192 = $4.01 As published in the 2016 final rule, the Electronic Export Application Fee Formula is: Labor Cost (Technical Support + Export Library Maintenance) + IT Cost (Ongoing Operations and Maintenance + eAuthentication) Number of Export Applications jbell on DSKJLSW7X2PROD with NOTICES The 2021 electronic export application fee remains unchanged since 2019. FSIS stated in the 2016 final rule (81 FR 42225) and the 2017 Federal Register notice (FR 82 42056) that it would update and recalculate the fee based on the best available estimates for costs and number of applications; however, the number of export applications (the denominator in the formula) cannot be accurately assessed until a majority of countries are included in the export component. Therefore, because a majority of countries are not yet included in the PHIS Export component, the cost estimates and projected export applications in the final rule remain the best estimate for 2021, leaving the electronic export application fee unchanged. Additional Public Notification FSIS will 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 our constituents and stakeholders. The Constituent Update is available on the FSIS web page. Through the web page, FSIS can provide information to a much broader, more diverse audience. In addition, FSIS offers an email subscription service which provides automatic and customized access to selected food safety news and information. This service is available at: http://www.fsis.usda.gov/subscribe. VerDate Sep<11>2014 23:25 Dec 10, 2020 Jkt 253001 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 Frm 00005 Fmt 4703 Sfmt 4703 Done at Washington, DC. Paul Kiecker, Administrator. [FR Doc. 2020–27347 Filed 12–10–20; 8:45 am] BILLING CODE 3410–DM–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–905] 4th Tier Cigarettes From the Republic of Korea: Final Affirmative Determination of Sales at Less Than Fair Value, and Final Negative Determination of Critical Circumstances Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that 4th tier cigarettes from the Republic of Korea (Korea) are being, or are likely to be, sold in the United States at less than fair value (LTFV) during the period of investigation (POI), October 1, 2018 through September 30, 2019. The final weighted-average dumping margins are listed below in the section entitled ‘‘Final Determination.’’ DATES: Applicable December 11, 2020. FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 AGENCY: 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.), PO 00000 should contact USDA’s TARGET Center at (202) 720–2600 (voice and TDD). E:\FR\FM\11DEN1.SGM 11DEN1

Agencies

[Federal Register Volume 85, Number 239 (Friday, December 11, 2020)]
[Notices]
[Pages 79992-79994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27347]


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

DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

[Docket Number FSIS-2020-0033]


2021 Rate Changes for the Basetime, Overtime, Holiday, Laboratory 
Services, and Export Application Fees

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Notice.

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

SUMMARY: The Food Safety and Inspection Service (FSIS) is announcing 
the 2021 rates it will charge meat and poultry establishments, egg 
products plants, and importers and exporters for providing voluntary, 
overtime, and holiday inspection and identification, certification, and 
laboratory services. Additionally, FSIS is announcing that there will 
be no changes to the fee FSIS assesses to exporters that choose to 
apply for export certificates electronically through the export 
component of the Agency's Public Health Information System.
    The 2021 basetime, overtime, holiday, and laboratory services rates 
will be applied on January 3, 2021.

DATES: FSIS will charge the rates announced in this notice beginning 
January 3, 2021.

FOR FURTHER INFORMATION CONTACT: For further information contact 
Michael Toner, Director, Budget Division, Office of the Chief Financial 
Officer, FSIS, U.S. Department of Agriculture, Room 2159, South 
Building, 1400 Independence Avenue SW, Washington, DC 20250-3700; 
Telephone: (202) 690-8398, Fax: (202) 690-4155.

SUPPLEMENTARY INFORMATION:

Background

    On April 12, 2011, FSIS published a final rule amending its 
regulations to establish formulas for calculating the rates it charges 
meat and poultry establishments, egg products plants, and importers and 
exporters for providing voluntary, overtime, and holiday inspection and 
identification, certification, and laboratory services (76 FR 20220).
    In the final rule, FSIS stated that it would use the formulas to 
calculate the annual rates, publish the rates in Federal Register 
notices prior to the start of each calendar year, and apply the rates 
on the first FSIS pay period at the beginning of the calendar year. 
This notice provides the 2021 rates, which will be applied starting on 
January 3, 2021.

Public Health Information System Export Application Fee

    On June 29, 2016, FSIS published the final rule, ``Electronic 
Export Application and Certification Charge; Flexibility in the 
Requirements for Export Inspection Marks, Devices, and Certificates; 
Egg Products Export Certification'' (81 FR 42225). The preamble to the 
final rule explained that FSIS would implement an electronic export 
application and certification system available through the Agency's 
Public Health Information System (PHIS) export component.
    The electronic export application and certification process 
provides service options to U.S. exporters, enabling them to 
electronically submit, track, and manage their export applications. To 
cover the costs of providing this service, the final rule established a 
formula-based fee for electronic export applications. The final rule 
stated that, on an annual basis, the Agency would update the fee and 
publish the new fee in the Federal Register.
    On September 6, 2017, FSIS published a Federal Register notice, 
``Public Health Information System (PHIS) Export Component Country 
Implementation'' (FR 82 42056). The

[[Page 79993]]

notice announced the delayed implementation of the export component to 
ensure sufficient testing and outreach to stakeholders and that the 
application fee would be recalculated based on available costs and 
number of applications, but would not be assessed prior to January 1, 
2019. In addition, FSIS announced that it would implement the PHIS 
Export Component with a limited number of countries and gradually 
expand implementation to additional countries.
    On April 29, 2019, FSIS published a Federal Register notice, 
``Public Health Information System Export Component Fee'' (84 FR 
17999). This notice announced that starting June 1, 2019, FSIS would 
assess a fee of $4.01 to exporters that chose to apply for export 
certificates electronically through the export component of PHIS. As 
noted below, that fee remains unchanged since 2019. The 2021 export 
component fee will be applied starting on January 3, 2021.

2021 Rates and Calculations

    The following table lists the 2021 Rates per hour, per employee, by 
type of service:

------------------------------------------------------------------------
                                                             2021 Rate
                                                            (estimates
                                                            rounded to
                         Service                              reflect
                                                             billable
                                                             quarters)
------------------------------------------------------------------------
Basetime................................................          $66.56
Overtime................................................           81.72
Holiday.................................................           96.88
Laboratory..............................................           84.64
Export Application......................................          * 4.01
------------------------------------------------------------------------
* Per application

    The regulations that cover these fees (other than the export 
application fee) state that FSIS will calculate the rates using 
formulas that include the Office of Field Operations (OFO) inspection 
program personnel's previous fiscal year's regular direct pay and 
regular hours (9 CFR 391.2, 391.3, 391.4, 590.126, 590.128, 592.510, 
592.520, and 592.530). In 2013, an Agency reorganization eliminated the 
Office of International Affairs program office and transferred all of 
its inspection program personnel to OFO. Therefore, inspection program 
personnel's pay and hours are identified in the calculations as ``OFO 
inspection program personnel's'' pay and hours.
    FSIS determined the 2021 rates using the following calculations:
    Basetime Rate = The quotient of dividing the Office of Field 
Operations (OFO) inspection program personnel's previous fiscal year's 
regular direct pay by the previous fiscal year's regular hours, plus 
the quotient multiplied by the calendar year's percentage of cost of 
living increase, plus the benefits rate, plus the travel and operating 
rate, plus the overhead rate, plus the allowance for bad debt rate.
    The calculation for the 2021 basetime rate per hour per program 
employee is:
    [FY 2020 OFO Regular Direct Pay divided by the previous fiscal 
year's Regular Hours ($434,649,264/14,468,095)] = $30.04 + ($30.04 * 
1.0% (calendar year 2020 Cost of Living Increase)) = $30.34 + $11.15 
(benefits rate) + $2.67 (travel and operating rate) + $22.39 (overhead 
rate) + $0.00 (bad debt allowance rate) = $66.55, rounded up to $66.56, 
so that it is divisible by 4.
    Overtime Rate = The quotient of dividing the Office of Field 
Operations (OFO) inspection program personnel's previous fiscal year's 
regular direct pay by the previous fiscal year's regular hours, plus 
that quotient multiplied by the calendar year's percentage of cost of 
living increase, multiplied by 1.5 (for overtime), plus the benefits 
rate, plus the travel and operating rate, plus the overhead rate, plus 
the allowance for bad debt rate.
    The calculation for the 2021 overtime rate per hour per program 
employee is:
    [FY 2020 OFO Regular Direct Pay divided by previous fiscal year's 
Regular Hours ($434,649,264/14,468,065)] = $30.04 + ($30.04 * 1.0% 
(calendar year 2021 Cost of Living Increase)) = $30.34 * 1.5 = $45.51 + 
$11.15 (benefits rate) + $2.67 (travel and operating rate) + $22.39 
(overhead rate) + $0.00(bad debt allowance rate) = $81.72, which is 
divisible by 4.
    Holiday Rate = The quotient of dividing the Office of Field 
Operations (OFO) inspection program personnel's previous fiscal year's 
regular direct pay by the previous fiscal year's regular hours, plus 
that quotient multiplied by the calendar year's percentage of cost of 
living increase, multiplied by 2 (for holiday pay), plus the benefits 
rate, plus the travel and operating rate, plus the overhead rate, plus 
the allowance for bad debt rate.
    The calculation for the 2021 holiday rate per hour per program 
employee calculation is:
    [FY 2020 OFO Regular Direct Pay divided by Regular Hours 
($434,649,264/14,468,095)] = $30.04 + ($30.04 * 1.0% (calendar year 
2020 Cost of Living Increase)) = $30.34 * 2 = $60.68 + $11.15(benefits 
rate) + $2.67 (travel and operating rate) + $22.39 (overhead rate) + 
$0.00 (bad debt allowance rate) = $96.89, rounded down to 96.88, so 
that it is divisible by 4.
    Laboratory Services Rate = The quotient of dividing the Office of 
Public Health Science (OPHS) previous fiscal year's regular direct pay 
by the OPHS previous fiscal year's regular hours, plus the quotient 
multiplied by the calendar year's percentage cost of living increase, 
plus the benefits rate, plus the travel and operating rate, plus the 
overhead rate, plus the allowance for bad debt rate.
    The calculation for the 2021 laboratory services rate per hour per 
program employee is:
    [FY 2020 OPHS Regular Direct Pay/OPHS Regular hours ($24,151,169/
503,692)] = $47.95 + ($47.95 * 1.0% (calendar year 2020 Cost of Living 
Increase)) = $48.43 + $11.15 (benefits rate) + $2.67 (travel and 
operating rate) + $22.39 (overhead rate) + $0.00 (bad debt allowance 
rate) = $84.64, which is already divisible by 4.

Calculations for the Benefits, Travel and Operating, Overhead, and 
Allowance for Bad Debt Rates

    These rates are components of the basetime, overtime, holiday, and 
laboratory services rates formulas.
    Benefits Rate: The quotient of dividing the previous fiscal year's 
direct benefits costs by the previous fiscal year's total hours 
(regular, overtime, and holiday), plus that quotient multiplied by the 
calendar year's percentage cost of living increase. Some examples of 
direct benefits are health insurance, retirement, life insurance, and 
Thrift Savings Plan basic and matching contributions.
    The calculation for the 2021 benefits rate per hour per program 
employee is:
    [FY 2020 Direct Benefits/(Total Regular hours + Total Overtime 
hours + Total Holiday hours) ($197,034,144/17,848,090)] = $11.04 + 
($11.04* 1.0% (calendar year 2020 Cost of Living Increase)) = $11.15.
    Travel and Operating Rate: The quotient of dividing the previous 
fiscal year's total direct travel and operating costs by the previous 
fiscal year's total hours (regular, overtime, and holiday), plus that 
quotient multiplied by the calendar year's percentage of inflation.
    The calculation for the 2021 travel and operating rate per hour per 
program employee is:
    [FY 2020 Total Direct Travel and Operating Costs/(Total Regular 
hours + Total Overtime hours + Total Holiday hours) ($46,500,647/
17,848,090)] = $2.61 + ($2.61 * 2.3% (2021 Inflation) = $2.67.
    Overhead Rate: The quotient of dividing the previous fiscal year's 
indirect costs plus the previous fiscal year's information technology 
(IT) costs

[[Page 79994]]

in the Public Health Data Communication Infrastructure System Fund plus 
the provision for the operating balance less any Greenbook costs (i.e., 
costs of USDA support services prorated to the service component for 
which fees are charged) that are not related to food inspection by the 
previous fiscal year's total hours (regular, overtime, and holiday) 
worked across all funds, plus the quotient multiplied by the calendar 
year's percentage of inflation.
    The calculation for the 2021 overhead rate per hour per program 
employee is:
    [FY 2020 Total Overhead/(Total Regular hours + Total Overtime hours 
+ Total Holiday hours) ($ 390,719,959/17,848,090)] = $21.89 + ($21.89 * 
2.3% (2020 Inflation) = $22.39.
    Allowance for Bad Debt Rate = Previous fiscal year's total 
allowance for bad debt (for example, debt owed that is not paid in full 
by plants and establishments that declare bankruptcy) divided by 
previous fiscal year's total hours (regular, overtime, and holiday) 
worked.
    The 2021 calculation for bad debt rate per hour per program 
employee is:
    [FY 2020 Total Bad Debt/(Total Regular hours + Total Overtime hours 
+ Total Holiday hours) = ($49,837/17,848,090)] = $0.00.
    2021 Electronic Export Application Fee The 2021 Electronic Export 
Application Fee:

Labor Cost ($560,901.60+ ($337,369))+ IT Cost ($1,414,285.60+$0)
576,192
= $4.01
 

    As published in the 2016 final rule, the Electronic Export 
Application Fee Formula is:

Labor Cost (Technical Support + Export Library Maintenance) + IT Cost
 (Ongoing Operations and Maintenance + eAuthentication)
------------------------------------------------------------------------
Number of Export Applications
 

    The 2021 electronic export application fee remains unchanged since 
2019. FSIS stated in the 2016 final rule (81 FR 42225) and the 2017 
Federal Register notice (FR 82 42056) that it would update and 
recalculate the fee based on the best available estimates for costs and 
number of applications; however, the number of export applications (the 
denominator in the formula) cannot be accurately assessed until a 
majority of countries are included in the export component. Therefore, 
because a majority of countries are not yet included in the PHIS Export 
component, the cost estimates and projected export applications in the 
final rule remain the best estimate for 2021, leaving the electronic 
export application fee unchanged.

Additional Public Notification

    FSIS will 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 our constituents and 
stakeholders. The Constituent Update is available on the FSIS web page. 
Through the web page, FSIS can provide information to a much broader, 
more diverse audience. In addition, FSIS offers an email subscription 
service which provides automatic and customized access to selected food 
safety news and information. This service is available at: 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).

    Done at Washington, DC.
Paul Kiecker,
Administrator.
[FR Doc. 2020-27347 Filed 12-10-20; 8:45 am]
BILLING CODE 3410-DM-P