2023 Rate Changes for the Basetime, Overtime, Holiday, Laboratory Services, and Export Application Fees, 78915-78918 [2022-27943]
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TKELLEY on DSK125TN23PROD with NOTICE
Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Notices
• Completion of form Certification
and Restrictions on the Use of
Confidential ERS Data. This form is
required to be signed by researchers
who have been approved to access
unpublished ERS data (alternatively,
some approved researchers complete
on-line training in lieu of completing
this form). The form contains excerpts
of the various laws that apply to the
unpublished data being provided to the
researcher. The form explains the
restrictions associated with the
unpublished data and includes a place
for the research to sign the form, thereby
acknowledging the restrictions and
agreeing to abide by them.
• Completion of ERS Data Remote
Workplace Security Inspection
Checklist. Researchers approved to
access unpublished ERS data do so
using a secure data enclave environment
accessible at their own location. An ERS
employee performs a site inspection
(either in-person or via a video call) of
the researcher’s location prior to the
researcher being granted access to the
unpublished data. During the site
inspection, the ERS employee
administers the form ERS Site
Inspection Checklist, which asks
questions pertaining to the suitability of
the location for restricted data access
and some of the policies associated with
accessing the restricted data. The form
also collects information about the
computer the researcher will use to
access the ERS data enclave.
• Completion of ERS Memorandum of
Understanding (MOU). Researchers
approved to access unpublished ERS
data need to complete a Memorandum
of Understanding Agreement between
the Economic Research Service and
their university, institution, or agency.
The form establishes data access
protocols and party responsibilities. If
necessary, researchers may request an
extension to their MOU using the
Extension of MOU Request Form.
• If a researcher wishes to add a new
researcher to their previously approved
project, they can fill out the
Amendment for New Collaborators. If a
researcher wishes to change the scope of
a previously approved project, they may
fill out the Request for Amended Project
Agreement Form.
Estimate of Burden: The amount of
time to complete the agreements and
other paperwork that comprise ERS’s
security requirements will vary based
on the confidential data assets requested
and the access modality. To obtain
access to ERS confidential data assets, it
is estimated that the average time to
complete and submit ERS data security
agreements and other paperwork is 110
minutes. This estimate does not include
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the time needed to complete and submit
an application within the SAP Portal.
All efforts related to SAP Portal
applications occur prior to and separate
from ERS effort to collect information
related to data security requirements.
The expected number of applications
in the SAP Portal that receive a positive
determination from ERS in a given year
may vary. Overall, per year, ERS
estimates it will collect data security
information for 120 application
submissions that received a positive
determination within the SAP Portal.
ERS estimates that the total burden for
the collection of information for data
security requirements over the course of
the three-year OMB clearance will be
about 1,080 hours and, as a result, an
average annual burden of 360 hours.
Spiro Stefanou,
Administrator, Economic Research Service,
United States Department of Agriculture.
[FR Doc. 2022–27772 Filed 12–22–22; 8:45 am]
BILLING CODE 3410–18–P
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. FSIS–2022–0033]
2023 Rate Changes for the Basetime,
Overtime, Holiday, Laboratory
Services, and Export Application Fees
Food Safety and Inspection
Service (FSIS), Department of
Agriculture (USDA).
ACTION: Notice.
AGENCY:
FSIS is announcing the 2023
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 2023
basetime, overtime, holiday, and
laboratory services rates will be applied
on January 1, 2023.
DATES: FSIS will charge the rates
announced in this notice beginning
January 1, 2023.
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–
SUMMARY:
PO 00000
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78915
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 2023 rates, which
will be applied starting on January 1,
2023.
On September 6, 2017, FSIS
published a Federal Register notice,
‘‘Public Health Information System
(PHIS) Export Component Country
Implementation’’ (FR 82 42056). The
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). The 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.
On July 15, 2021, FSIS published a
Federal Register notice, ‘‘Overtime and
Holiday Inspection Fee Reductions for
Small and Very Small Establishments’’
(86 FR 37276). The notice explained
that the American Rescue Plan Act
provided FSIS with $100 million in
budget authority to reduce the costs of
overtime inspection for small and very
small official meat and poultry
establishments and egg products plants.
The notice also announced that FSIS
implemented this provision by reducing
overtime and holiday inspection fees for
small establishments by 30 percent and
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Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Notices
by the previous fiscal year’s regular
hours, plus that quotient multiplied by
the calendar year’s percentage of cost-ofliving 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.
2023 Rates and Calculations
The calculation for the 2023 overtime
The following table lists the 2023
rate per hour per program employee is:
Rates per hour, per employee, by type
[FY 2022 OFO Regular Direct Pay
of service:
divided by previous fiscal year’s Regular
Hours ($462,882,117/15,449,262)] =
2023 Rate
$29.96 + ($29.96 * 4.6% (calendar year
(estimates
2022 Cost of Living Increase)) = $31.34
rounded to
* 1.5 = $47.01 + $11.59 (benefits rate)
Service
reflect
billable
+ $2.48 (travel and operating rate) +
quarter
$21.71(overhead rate) + $0.00(bad debt
hour)
allowance rate) = $82.80, which is
Basetime ...............................
$67.12 divisible by 4.
Holiday Rate = The quotient of
Overtime ...............................
82.80
Holiday ..................................
98.44 dividing the Office of Field Operations
Laboratory .............................
87.36 (OFO) inspection program personnel’s
Export Application .................
* 4.01 previous fiscal year’s regular direct pay
by the previous fiscal year’s regular
* Per application.
hours, plus that quotient multiplied by
The regulations that cover these fees
the calendar year’s percentage of cost-of(other than the export application fee)
living increase, multiplied by 2 (for
state that FSIS will calculate the rates
holiday pay), plus the benefits rate, plus
using formulas that include the Office of
the travel and operating rate, plus the
Field Operations (OFO) inspection
overhead rate, plus the allowance for
program personnel’s previous fiscal
bad debt rate.
year’s regular direct pay and regular
The calculation for the 2023 holiday
hours (9 CFR 391.2, 391.3, 391.4,
590.126, 590.128, 592.510, 592.520, and rate per hour per program employee
calculation is:
592.530). The final rates have been
[FY 2022 OFO Regular Direct Pay
rounded to make the amount divisible
divided
by Regular Hours
by the quarter hour (15 minutes). Fifteen
($462,882,117/15,449,262)] = $29.96 +
minutes is the minimum charge for the
($29.96 * 4.6% (calendar year 2022 Cost
services covered by these rates.
of Living Increase)) = $31.34* 2 =
FSIS determined the 2023 rates using
$62.68+ $11.59(benefits rate) + $2.48
the following calculations:
(travel and operating rate) + $21.71
Basetime Rate = The quotient of
(overhead rate) + $0.00 (bad debt
dividing the Office of Field Operations
allowance rate) = $98.46, rounded down
(OFO) inspection program personnel’s
to 98.44, so that it is divisible by 4.
previous fiscal year’s regular direct pay
Laboratory Services Rate = The
by the previous fiscal year’s regular
quotient of dividing the Office of Public
hours, plus the quotient multiplied by
the calendar year’s percentage of cost-of- Health Science (OPHS) previous fiscal
year’s regular direct pay by the OPHS
living increase, plus the benefits rate,
previous fiscal year’s regular hours, plus
plus the travel and operating rate, plus
the quotient multiplied by the calendar
the overhead rate, plus the allowance
year’s percentage cost of living increase,
for bad debt rate.
The calculation for the 2023 basetime plus the benefits rate, plus the travel
and operating rate, plus the overhead
rate per hour per program employee is:
rate, plus the allowance for bad debt
[FY 2022 OFO Regular Direct Pay
rate.
divided by the previous fiscal year’s
The calculation for the 2023
Regular Hours ($462,882,117/
laboratory services rate per hour per
15,449,262)] = $29.96+ ($29.96 * 4.6%
program employee is:
(calendar year 2023 Cost of Living
[FY 2022 OPHS Regular Direct Pay/
Increase)) = $31.34 + $11.59 (benefits
OPHS Regular hours ($27,499,214/
rate) + $2.48 (travel and operating rate)
557,759)] = $49.30 + ($49.30 * 4.6%
+ $21.71(overhead rate) + $0.00 (bad
(calendar year 2022 Cost of Living
debt allowance rate) = $67.12, which is
Increase)) = $51.57+ $11.59 (benefits
divisible by 4.
Overtime Rate = The quotient of
rate) + $2.48 (travel and operating rate)
dividing the Office of Field Operations
+ $21.71 (overhead rate) + $0.00 (bad
(OFO) inspection program personnel’s
debt allowance rate) = $87.35, rounded
previous fiscal year’s regular direct pay
up to 85.36, so that it is divisible by 4.
TKELLEY on DSK125TN23PROD with NOTICE
very small establishments by 75 percent.
More information on how to apply for
the fee reduction is available at: https://
www.fsis.usda.gov/policy/federalregister-rulemaking/federal-registernotices/overtime-and-holidayinspection-fee.
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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 2023 benefits
rate per hour per program employee is:
[FY 2022 Direct Benefits/(Total
Regular hours + Total Overtime hours +
Total Holiday hours) ($212,068,102/
19,142,899)] = $11.08 + ($11.08* 4.6%
(calendar year 2022 Cost of Living
Increase)) = $11.59.
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 2023 travel
and operating rate per hour per program
employee is:
[FY 2022 Total Direct Travel and
Operating Costs/(Total Regular hours +
Total Overtime hours + Total Holiday
hours) ($46,365,745/19,142,899)] =
$2.48 + ($2.48 * 2.3% (2023 Inflation)
= $2.48.
Overhead Rate: The quotient of
dividing the previous fiscal year’s
indirect costs plus the previous fiscal
year’s information technology (IT) costs
in the Public Health Data
Communication Infrastructure System
Fund plus the provision for the
operating balance less any Greenbook
costs (i.e., costs of USDA support
services prorated to the service
component for which fees are charged)
that are not related to food inspection by
the previous fiscal year’s total hours
(regular, overtime, and holiday) worked
across all funds, plus the quotient
multiplied by the calendar year’s
percentage of inflation.
The calculation for the 2023 overhead
rate per hour per program employee is:
[FY 2022 Total Overhead/(Total
Regular hours + Total Overtime hours +
Total Holiday hours) ($ 406,272,208/
19,142,899)] = $21.22 + ($21.22 * 2.3%
(2021 Inflation) = $21.71.
Allowance for Bad Debt Rate =
Previous fiscal year’s total allowance for
bad debt (for example, debt owed for
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Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Notices
overtime and holiday inspection
services 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.
Labor Cost
The 2023 calculation for bad debt rate
per hour per program employee is:
[FY 2022 Total Bad Debt/(Total
Regular hours + Total Overtime hours +
Total Holiday hours) = ($69,944/
19,142,899)] = $0.00.
($560,901.60+
78917
2023 Electronic Export Application Fee
The 2023 Electronic Export
Application Fee:
($337,369))+ IT Cost
($1,414,285.60+$0)
576,192
=
As published in FSIS’ final rule,
Electronic Export Application and
Certification Charge; Flexibility in the
$4.01
Requirements for Export Inspection
Marks, Devices, and Certificates; Egg
Products Export Certification (81 FR
42225), the Electronic Export
Application Fee Formula is:
Labor Cost (Technical Support+ Export Library Maintenance) + IT
Cost (Ongoing Operations and Maintenance+ eAuthentication)
Additional Public Notification
Public awareness of all segments of
rulemaking and policy development is
important. Consequently, FSIS will
announce this Federal Register
publication online through the FSIS
web page located at: https://
www.fsis.usda.gov/federal-register.
FSIS also will make copies of this
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
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20:36 Dec 22, 2022
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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:
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
In accordance with Federal civil
rights law and USDA civil rights
regulations and policies, USDA, its
Mission Areas, agencies, staff offices,
employees, and institutions
participating in or administering USDA
programs are prohibited from
discriminating based on race, color,
national origin, religion, sex, gender
identity (including gender expression),
sexual orientation, disability, age,
marital status, family/parental status,
income derived from a public assistance
program, political beliefs, or reprisal or
retaliation for prior civil rights activity,
in any program or activity conducted or
funded by USDA (not all bases apply to
all programs). Remedies and complaint
filing deadlines vary by program or
incident.
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Program information may be made
available in languages other than
English. Persons with disabilities who
require alternative means of
communication to obtain program
information (e.g., Braille, large print,
audiotape, American Sign Language)
should contact the responsible Mission
Area, agency, or staff office; the USDA
TARGET Center at (202) 720–2600
(voice and TTY); or the Federal Relay
Service at (800) 877–8339.
To file a program discrimination
complaint, a complainant should
complete a Form AD–3027, USDA
Program Discrimination Complaint
Form, which can be obtained online at
https://www.ocio.usda.gov/document/
ad-3027, from any USDA office, by
calling (866) 632–9992, or by writing a
letter addressed to USDA. The letter
must contain the complainant’s name,
address, telephone number, and a
written description of the alleged
discriminatory action in sufficient detail
to inform the Assistant Secretary for
Civil Rights (ASCR) about the nature
and date of an alleged civil rights
violation. The completed AD–3027 form
or letter must be submitted to USDA by:
(1) Mail: U.S. Department of
Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400
Independence Avenue SW, Washington,
DC 20250–9410; or
(2) Fax: (833) 256–1665 or (202) 690–
7442; or
(3) Email: program.intake@usda.gov.
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EN23DE22.002</GPH>
TKELLEY on DSK125TN23PROD with NOTICE
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 2023, leaving the
electronic export application fee
unchanged.
EN23DE22.003</GPH>
Number of Export Applications
78918
Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Notices
USDA is an equal opportunity
provider, employer, and lender.
Done at Washington, DC.
Paul Kiecker,
Administrator.
[FR Doc. 2022–27943 Filed 12–22–22; 8:45 am]
BILLING CODE 3410–DM–P
DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
Agency Information Collection
Activities: Healthy Meals Incentives
Recognition Awards Application for
School Food Authorities
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 new collection for the Healthy
Meals Incentives Recognition Awards
Application. The Recognition Awards
will recognize School Food Authorities
(SFAs) that have made significant
improvements to the nutritional quality
of their school meals by exceeding the
transitional school meal pattern
requirements, engaging students, and
implementing innovative practices.
SFAs can apply to one or more
Recognition Awards included in the
Application form.
DATES: Written comments must be
received on or before March 10, 2023.
ADDRESSES: Comments may be sent to:
Kaylyn Padovani, Food and Nutrition
Service, U.S. Department of Agriculture,
4th Floor, Food and Nutrition Service,
1320 Braddock Place, Alexandria, VA
22314; telephone: 703–305–2078.
Comments may also be submitted via
email to TeamNutrition@fns.usda.gov
with ‘‘Comments to HMI Recognition
Awards Application for SFAs’’ in the
subject line. 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 Kaylyn Padovani
via email to TeamNutrition@
fns.usda.gov, or 703–305–2078.
TKELLEY on DSK125TN23PROD with NOTICE
SUMMARY:
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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: Healthy Meals Incentives
Recognition Awards Application for
School Food Authorities.
Form Number: Not yet assigned.
OMB Number: Not yet assigned.
Expiration Date: Not yet determined.
Type of Request: New collection.
Abstract: The National School Lunch
Program (NSLP) and School Breakfast
Program (SBP) are Federally assisted
meal programs operating in public and
non-profit private schools and
residential child care institutions. The
Food and Nutrition Service (FNS) of the
United States Department of Agriculture
(USDA) administers the NSLP and SBP
at the Federal level. These programs
provide nutritionally balanced, lowcost, or no-cost meals to children each
school day. School lunches and
breakfasts provided through these
programs (i.e., school meals) must meet
Federal nutrition requirements, which
are based upon the Dietary Guidelines
for Americans.
On December 29, 2020, USDA and the
United States Department of Health and
Human Services (HHS) released the
Dietary Guidelines for Americans, 2020–
2025 (2020–2025 DGA). During this
same time period, the Coronavirus
(COVID–19) public health emergency
caused major disruptions to the NSLP
and SBP and the food supply chain.
In February 2022, USDA FNS
published the Child Nutrition Programs:
Transitional Standards for Milk, Whole
Grains, and Sodium Final Rule
(hereafter referred to as ‘‘Transitional
Standards’’). This rule establishes
transitional standards to support the
continued provision of nutritious school
meals as schools respond to and recover
from the pandemic and while USDA
engages in notice-and-comment
rulemaking to update the meal pattern
standards to more comprehensively
reflect the 2020–2025 DGA.
SUPPLEMENTARY INFORMATION:
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At the State level, the NSLP and SBP
are administered by State agencies,
which operate these programs through
agreements with School Food
Authorities (SFAs). While USDA FNS
establishes meal pattern requirements
and weekly dietary specifications for
school meals, decisions about the
specific foods to serve and how the
foods are prepared are made by SFAs.
USDA FNS recently announced the
Healthy Meals Incentives Initiative
Recognition Awards to support
improvements in the nutritional quality
of school meals through the generation
and sharing of innovative ideas and
tested practices being implemented at
the local level. These efforts will also
highlight the remarkable achievements
SFAs are making in the offering of
nutritious school meals that students
enjoy. The recognition awards will
spotlight innovative practices, student
and community engagement strategies,
and strategies schools have used to
provide meals that are consistent with
the 2020–2025 DGA. USDA FNS will
highlight and share these diverse best
practices nationwide through training
and technical assistance resources and
Healthy Meals Summits. SFAs meeting
Healthy Meals Incentives Recognition
Award criteria will receive
nonmonetary recognition and stipends
to attend and participate in the Healthy
Meals Summits.
FNS is developing the Recognition
Awards Application and is seeking
OMB approval. From August through
October 2022, FNS met with State
agencies and key school nutrition
stakeholders to discuss potential
Recognition Award categories, criteria,
and documentation.
The collected feedback has informed
the development of the Healthy Meals
Incentives Recognition Awards. FNS
anticipates providing up to 10 types of
recognition awards. SFAs may receive
awards in more than one category, but
SFAs shall receive each award only
once.
The application for the Healthy Meals
Incentives Recognition Awards is
planned to be available for SFAs to
apply between School Year 2023–2024
through School Year 2024–2025 (a twoyear period). The application form will
be available in both English and
Spanish, and in other languages and
alternative formats upon request. It will
include instructions, the awards’ criteria
and required documentation, and
sections to populate and/or upload the
required documentation. The form will
be designed to reduce burden for SFA
applicants by being accessible online
and including fillable sections to enter
text. The type of information that will
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]]>Agencies
[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Notices]
[Pages 78915-78918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27943]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. FSIS-2022-0033]
2023 Rate Changes for the Basetime, Overtime, Holiday, Laboratory
Services, and Export Application Fees
AGENCY: Food Safety and Inspection Service (FSIS), Department of
Agriculture (USDA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: FSIS is announcing the 2023 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 2023 basetime, overtime, holiday, and
laboratory services rates will be applied on January 1, 2023.
DATES: FSIS will charge the rates announced in this notice beginning
January 1, 2023.
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 2023 rates, which will be applied starting on
January 1, 2023.
On September 6, 2017, FSIS published a Federal Register notice,
``Public Health Information System (PHIS) Export Component Country
Implementation'' (FR 82 42056). The 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). The 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.
On July 15, 2021, FSIS published a Federal Register notice,
``Overtime and Holiday Inspection Fee Reductions for Small and Very
Small Establishments'' (86 FR 37276). The notice explained that the
American Rescue Plan Act provided FSIS with $100 million in budget
authority to reduce the costs of overtime inspection for small and very
small official meat and poultry establishments and egg products plants.
The notice also announced that FSIS implemented this provision by
reducing overtime and holiday inspection fees for small establishments
by 30 percent and
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very small establishments by 75 percent. More information on how to
apply for the fee reduction is available at: https://www.fsis.usda.gov/policy/federal-register-rulemaking/federal-register-notices/overtime-and-holiday-inspection-fee.
2023 Rates and Calculations
The following table lists the 2023 Rates per hour, per employee, by
type of service:
------------------------------------------------------------------------
2023 Rate
(estimates
rounded to
Service reflect
billable
quarter hour)
------------------------------------------------------------------------
Basetime................................................ $67.12
Overtime................................................ 82.80
Holiday................................................. 98.44
Laboratory.............................................. 87.36
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). The final rates have been rounded to make the
amount divisible by the quarter hour (15 minutes). Fifteen minutes is
the minimum charge for the services covered by these rates.
FSIS determined the 2023 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 2023 basetime rate per hour per program
employee is:
[FY 2022 OFO Regular Direct Pay divided by the previous fiscal
year's Regular Hours ($462,882,117/15,449,262)] = $29.96+ ($29.96 *
4.6% (calendar year 2023 Cost of Living Increase)) = $31.34 + $11.59
(benefits rate) + $2.48 (travel and operating rate) + $21.71(overhead
rate) + $0.00 (bad debt allowance rate) = $67.12, which 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 2023 overtime rate per hour per program
employee is:
[FY 2022 OFO Regular Direct Pay divided by previous fiscal year's
Regular Hours ($462,882,117/15,449,262)] = $29.96 + ($29.96 * 4.6%
(calendar year 2022 Cost of Living Increase)) = $31.34 * 1.5 = $47.01 +
$11.59 (benefits rate) + $2.48 (travel and operating rate) +
$21.71(overhead rate) + $0.00(bad debt allowance rate) = $82.80, 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 2023 holiday rate per hour per program
employee calculation is:
[FY 2022 OFO Regular Direct Pay divided by Regular Hours
($462,882,117/15,449,262)] = $29.96 + ($29.96 * 4.6% (calendar year
2022 Cost of Living Increase)) = $31.34* 2 = $62.68+ $11.59(benefits
rate) + $2.48 (travel and operating rate) + $21.71 (overhead rate) +
$0.00 (bad debt allowance rate) = $98.46, rounded down to 98.44, 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 2023 laboratory services rate per hour per
program employee is:
[FY 2022 OPHS Regular Direct Pay/OPHS Regular hours ($27,499,214/
557,759)] = $49.30 + ($49.30 * 4.6% (calendar year 2022 Cost of Living
Increase)) = $51.57+ $11.59 (benefits rate) + $2.48 (travel and
operating rate) + $21.71 (overhead rate) + $0.00 (bad debt allowance
rate) = $87.35, rounded up to 85.36, so that it is 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 2023 benefits rate per hour per program
employee is:
[FY 2022 Direct Benefits/(Total Regular hours + Total Overtime
hours + Total Holiday hours) ($212,068,102/19,142,899)] = $11.08 +
($11.08* 4.6% (calendar year 2022 Cost of Living Increase)) = $11.59.
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 2023 travel and operating rate per hour per
program employee is:
[FY 2022 Total Direct Travel and Operating Costs/(Total Regular
hours + Total Overtime hours + Total Holiday hours) ($46,365,745/
19,142,899)] = $2.48 + ($2.48 * 2.3% (2023 Inflation) = $2.48.
Overhead Rate: The quotient of dividing the previous fiscal year's
indirect costs plus the previous fiscal year's information technology
(IT) costs in the Public Health Data Communication Infrastructure
System Fund plus the provision for the operating balance less any
Greenbook costs (i.e., costs of USDA support services prorated to the
service component for which fees are charged) that are not related to
food inspection by the previous fiscal year's total hours (regular,
overtime, and holiday) worked across all funds, plus the quotient
multiplied by the calendar year's percentage of inflation.
The calculation for the 2023 overhead rate per hour per program
employee is:
[FY 2022 Total Overhead/(Total Regular hours + Total Overtime hours
+ Total Holiday hours) ($ 406,272,208/19,142,899)] = $21.22 + ($21.22 *
2.3% (2021 Inflation) = $21.71.
Allowance for Bad Debt Rate = Previous fiscal year's total
allowance for bad debt (for example, debt owed for
[[Page 78917]]
overtime and holiday inspection services 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 2023 calculation for bad debt rate per hour per program
employee is:
[FY 2022 Total Bad Debt/(Total Regular hours + Total Overtime hours
+ Total Holiday hours) = ($69,944/19,142,899)] = $0.00.
2023 Electronic Export Application Fee
The 2023 Electronic Export Application Fee:
[GRAPHIC] [TIFF OMITTED] TN23DE22.002
As published in FSIS' 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 Electronic Export Application Fee
Formula is:
[GRAPHIC] [TIFF OMITTED] TN23DE22.003
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 2023, leaving the electronic
export application fee unchanged.
Additional Public Notification
Public awareness of all segments of rulemaking and policy
development is important. Consequently, FSIS will announce this Federal
Register publication online through the FSIS web page located at:
https://www.fsis.usda.gov/federal-register.
FSIS also will make copies of this 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: 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
In accordance with Federal civil rights law and USDA civil rights
regulations and policies, USDA, its Mission Areas, agencies, staff
offices, employees, and institutions participating in or administering
USDA programs are prohibited from discriminating based on race, color,
national origin, religion, sex, gender identity (including gender
expression), sexual orientation, disability, age, marital status,
family/parental status, income derived from a public assistance
program, political beliefs, or reprisal or retaliation for prior civil
rights activity, in any program or activity conducted or funded by USDA
(not all bases apply to all programs). Remedies and complaint filing
deadlines vary by program or incident.
Program information may be made available in languages other than
English. Persons with disabilities who require alternative means of
communication to obtain program information (e.g., Braille, large
print, audiotape, American Sign Language) should contact the
responsible Mission Area, agency, or staff office; the USDA TARGET
Center at (202) 720-2600 (voice and TTY); or the Federal Relay Service
at (800) 877-8339.
To file a program discrimination complaint, a complainant should
complete a Form AD-3027, USDA Program Discrimination Complaint Form,
which can be obtained online at https://www.ocio.usda.gov/document/ad-3027, from any USDA office, by calling (866) 632-9992, or by writing a
letter addressed to USDA. The letter must contain the complainant's
name, address, telephone number, and a written description of the
alleged discriminatory action in sufficient detail to inform the
Assistant Secretary for Civil Rights (ASCR) about the nature and date
of an alleged civil rights violation. The completed AD-3027 form or
letter must be submitted to USDA by:
(1) Mail: U.S. Department of Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC
20250-9410; or
(2) Fax: (833) 256-1665 or (202) 690-7442; or
(3) Email: [email protected].
[[Page 78918]]
USDA is an equal opportunity provider, employer, and lender.
Done at Washington, DC.
Paul Kiecker,
Administrator.
[FR Doc. 2022-27943 Filed 12-22-22; 8:45 am]
BILLING CODE 3410-DM-P
