2024 Rate Changes for the Basetime, Overtime, Holiday, Laboratory Services, and Export Application Fees, 88560-88563 [2023-28231]
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Federal Register / Vol. 88, No. 245 / Friday, December 22, 2023 / Notices
The public meeting is scheduled
for January 23, 2024, from 1–2:30 p.m.
EDT.
ADDRESSES: The public meeting will
take place via Video Teleconference
only. Documents related to the 28th
Session of the CCFO will be accessible
via the internet at the following address:
https://www.fao.org/fao-whocodexalimentarius/meetings/detail/jp/
?meeting=CCFO&session=28.
The U.S. Delegate to the 28th Session
of the CCFO invites interested U.S.
parties to submit their comments
electronically to the following email
address: Girdhari.sharma@fda.hhs.gov
or doreen.chenmoulec@usda.gov.
Registration: Attendees may register
to attend the public meeting here:
https://www.zoomgov.com/meeting/
register/vJIsdOCtqzsjHRhu5ZlhKwftuzVhRNchlo. After registering,
you will receive a confirmation email
containing information about joining the
meeting.
For further information about the 28th
Session of the CCFO, contact Dr.
Girdhari Sharma of the U.S. Food and
Drug Administration, Girdhari.sharma@
fda.hhs.gov. For additional information
about the public meeting, contact the
U.S. Codex Office by email at: uscodex@
usda.gov.
SUPPLEMENTARY INFORMATION:
DATES:
Background
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The Codex Alimentarius Commission
was established in 1963 by two United
Nations organizations, the Food and
Agriculture Organization (FAO) and the
World Health Organization (WHO).
Through adoption of food standards,
codes of practice, and other guidelines
developed by its committees, and by
promoting their adoption and
implementation by governments, Codex
seeks to protect the health of consumers
and ensure fair practices in the food
trade.
The Terms of Reference of the Codex
Committee on Fats and Oils (CCFO) are:
(a) To elaborate worldwide standards
for fats and oils of animal, vegetable and
marine origin including margarine and
olive oil.
The CCFO is hosted by Malaysia. The
United States attends the CCFO as a
member country of Codex.
Issues To Be Discussed at the Public
Meeting
The following items from the
forthcoming Agenda for the 28th
Session of the CCFO will be discussed
during the public meeting:
• Matters referred to the Committee by
the Codex Alimentarius Commission
and/or its subsidiary bodies
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• Consideration of the
recommendations of the Reports of
the 90th and 91st Meeting of the Joint
FAO/WHO Expert Committee on
Food Additives (JECFA)
• Proposed draft Amendment/revision
to the Standard for Named Vegetable
Oils (CXS 210–1999)
Æ Inclusion of avocado oil
Æ Inclusion of camellia seed oil
Æ Inclusion of sacha inchi oil
Æ Inclusion of high oleic acid soya bean
oil
• Proposed draft revision to the
Standard for Olive Oils and Olive
Pomace Oils (CXS 33–1981): Revision
of Sections 3, 8 and Appendix
• Proposed draft amendment/revision
of the Standard for Fish Oils (CXS
329–2017): Inclusion of Calanus oil
• Review of the List of Acceptable
Previous Cargoes (Appendix II to CXC
36–1987)
• Discussion paper on possible work
that CCFO could undertake to reduce
trans fatty acids (TFAs) or eliminate
partially hydrogenated oils (PHOs)
• Consideration of the proposals for
new work and or amendments to
existing Codex Standards
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.
Public Meeting
Done at Washington, DC, on December 19,
2023.
Julie Chao,
Deputy U.S. Manager for Codex Alimentarius.
At the January 23, 2024 public
meeting, draft U.S. positions on the
agenda items will be described and
discussed, and attendees will have the
opportunity to pose questions and offer
comments. Written comments may be
offered at the meeting or sent to Dr.
Girdhari Sharma of the U.S. Food and
Drug Administration at
Girdhari.sharma@fda.hhs.gov or Ms.
Doreen Chen Moulec of the U.S. Codex
Office at Doreen.chenmoulec@usda.gov.
Written comments should state that they
relate to activities of the 28th Session of
the CCFO.
Additional Public Notification
Public awareness of all segments of
rulemaking and policy development is
important. Consequently, the U.S.
Codex Office will announce this Federal
Register publication on-line through the
USDA Codex web page located at:
https://www.usda.gov/codex, a link that
also offers an email subscription service
providing access to information related
to Codex. Customers can add or delete
their 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/
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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.usda.gov/oascr/filing-programdiscrimination-complaint-usdacustomer, 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).
[FR Doc. 2023–28269 Filed 12–21–23; 8:45 am]
BILLING CODE P
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. FSIS–2023–0029]
2024 Rate Changes for the Basetime,
Overtime, Holiday, Laboratory
Services, and Export Application Fees
Food Safety and Inspection
Service (FSIS), U.S. Department of
Agriculture (USDA).
ACTION: Notice.
AGENCY:
FSIS is announcing the 2024
rates it will charge meat, poultry, and
egg products establishments, 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 2024
basetime, overtime, holiday, and
laboratory services rates will be applied
on January 14, 2024.
SUMMARY:
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Federal Register / Vol. 88, No. 245 / Friday, December 22, 2023 / Notices
FSIS will charge the rates
announced in this notice beginning
January 14, 2024.
DATES:
For
further information contact Michael
Toner, Director, Budget Division, Office
of the Chief Financial Officer; Email:
Michael.toner@usda.gov, Telephone:
(202) 365–1352.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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Background
On April 12, 2011, FSIS published a
final rule amending its regulations to
establish formulas for calculating the
rates it charges meat, poultry, and egg
products establishments 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 2024 rates, which will be applied
starting on January 14, 2024.
On September 6, 2017, FSIS
published the Federal Register notice,
‘‘Public Health Information System
(PHIS) Export Component Country
Implementation’’ (82 FR 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 the
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.
2024 Rates and Calculations
The following table lists the 2024
Rates per hour, per employee, by type
of service:
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88561
Regular Hours ($476,421,039/
15,341.750)] = $31.05 + ($31.05 *
Service
5.2% (calendar year 2024 Cost of
Living Increase)) = $32.67 * 1.5 =
$49.01 + $13.34 (benefits rate) +
$2.75 (travel and operating rate) +
Basetime .............................
$71.64
$22.86 (overhead rate) + $0.00 (bad
Overtime .............................
87.96
Holiday ................................
104.28
debt allowance rate) = $87.95,
Laboratory ...........................
103.24
rounded up to $87.96, so that it is
Export Application ...............
* 4.01
divisible by 4.
* Per application.
Holiday Rate = The quotient of
dividing the Office of Field Operations
The regulations that cover these fees
(OFO) inspection program personnel’s
(other than the export application fee)
previous fiscal year’s regular direct pay
state that FSIS will calculate the rates
using formulas that include the Office of by the previous fiscal year’s regular
hours, plus that quotient multiplied by
Field Operations (OFO) inspection
the calendar year’s percentage of cost-ofprogram personnel’s previous fiscal
living increase, multiplied by 2 (for
year’s regular direct pay and regular
holiday pay), plus the benefits rate, plus
hours (9 CFR 391.2, 391.3, 391.4,
590.126, 590.128, 592.510, 592.520, and the travel and operating rate, plus the
overhead rate, plus the allowance for
592.530). The final rates have been
bad debt rate.
rounded to make the amount divisible
The calculation for the 2024 holiday
by the quarter hour (15 minutes). Fifteen
rate per hour per program employee
minutes is the minimum charge for the
calculation is:
services covered by these rates.
FSIS determined the 2024 rates using
[FY 2023 OFO Regular Direct Pay
the following calculations:
divided by Regular Hours
Basetime Rate = The quotient of
($476,421,039/15,341,750)] =
dividing the Office of Field Operations
$31.05 + ($31.05 * 5.2% (calendar
(OFO) inspection program personnel’s
year 2024 Cost of Living Increase))
previous fiscal year’s regular direct pay
= $32.67 * 2 = $65.34 + $13.34
by the previous fiscal year’s regular
(benefits rate) + $2.75 (travel and
hours, plus the quotient multiplied by
operating rate) + $22.86 (overhead
the calendar year’s percentage of cost-ofrate) + $0.00 (bad debt allowance
living increase, plus the benefits rate,
rate) = $104.29, rounded down to
plus the travel and operating rate, plus
$104.28, so that it is divisible by 4.
the overhead rate, plus the allowance
Laboratory Services Rate = The
for bad debt rate.
quotient of dividing the Office of Public
The calculation for the 2024 basetime Health Science (OPHS) previous fiscal
rate per hour per program employee is:
year’s regular direct pay by the OPHS
[FY 2023 OFO Regular Direct Pay
previous fiscal year’s regular hours, plus
divided by the previous fiscal year’s the quotient multiplied by the calendar
Regular Hours ($476,421,039/
year’s percentage cost of living increase,
15,341,750)] = $31.05 + ($31.05 *
plus the benefits rate, plus the travel
5.2% (calendar year 2024 Cost of
and operating rate, plus the overhead
Living Increase)) = $32.67 + $13.34
rate, plus the allowance for bad debt
(benefits rate) + $2.75 (travel and
rate.
operating rate) + $22.86 (overhead
The calculation for the 2024
rate) + $0.00 (bad debt allowance
laboratory services rate per hour per
rate) = $71.62, rounded up to
program employee is:
$71.64, so that it is divisible by 4.
[FY 2023 OPHS Regular Direct Pay/
Overtime Rate = The quotient of
OPHS Regular hours ($28,365,622/
dividing the Office of Field Operations
464,251)] = $61.10 + ($61.10 * 5.2%
(OFO) inspection program personnel’s
(calendar year 2024 Cost of Living
previous fiscal year’s regular direct pay
Increase)) = $64.28 + $13.34
by the previous fiscal year’s regular
(benefits rate) + $2.75 (travel and
hours, plus that quotient multiplied by
operating rate) + $22.86 (overhead
the calendar year’s percentage of cost-ofrate) + $0.00 (bad debt allowance
living increase, multiplied by 1.5 (for
rate) = $103.23, rounded up to
overtime), plus the benefits rate, plus
$103.24, so that it is divisible by 4.
the travel and operating rate, plus the
Calculations for the Benefits, Travel
overhead rate, plus the allowance for
and Operating, Overhead, and
bad debt rate.
The calculation for the 2024 overtime Allowance for Bad Debt Rates
rate per hour per program employee is:
These rates are components of the
[FY 2023 OFO Regular Direct Pay
basetime, overtime, holiday, and
divided by previous fiscal year’s
laboratory services rates formulas.
PO 00000
2024 Rate
(estimates
rounded to
reflect billable
quarter hour)
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Federal Register / Vol. 88, No. 245 / Friday, December 22, 2023 / Notices
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 2024 benefits
rate per hour per program employee is:
[FY 2023 Direct Benefits/(Total Regular
hours + Total Overtime hours +
Total Holiday hours) ($236,947,058/
18,687,290)] = $12.68 + ($12.68 *
5.2% (calendar year 2024 Cost of
Living Increase)) = $13.34.
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 2024 travel
and operating rate per hour per program
employee is:
[FY 2023 Total Direct Travel and
Operating Costs/(Total Regular
hours + Total Overtime hours +
Total Holiday hours) ($50,219,960/
18,687,290)] = $2.69 + ($2.69 *
2.3% (2024 Inflation) = $2.75.
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.
Labor Cost ($560,901.60+
The calculation for the 2024 overhead
rate per hour per program employee is:
[FY 2023 Total Overhead/(Total Regular
hours + Total Overtime hours +
Total Holiday hours) ($417,650,727/
18,687,290)] = $22.35 + ($22.35 *
2.3% (2024 Inflation) = $22.86.
Allowance for Bad Debt Rate:
Previous fiscal year’s total allowance for
bad debt (for example, debt owed for
overtime and holiday inspection
services that is not paid in full by
establishments that declare bankruptcy)
divided by previous fiscal year’s total
hours (regular, overtime, and holiday)
worked.
The 2024 calculation for bad debt rate
per hour per program employee is:
[FY 2023 Total Bad Debt/(Total Regular
hours + Total Overtime hours +
Total Holiday hours) = ($73,707/
18,687,290)] = $0.00.
2024 Electronic Export Application Fee
The 2024 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)
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18:10 Dec 21, 2023
Jkt 262001
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 on-line through the FSIS
web page located at: https://
www.fsis.usda.gov/federal-register.
FSIS will also announce and provide
a link through the FSIS Constituent
Update, which is used to provide
information regarding FSIS policies,
procedures, regulations, Federal
Register notices, FSIS public meetings,
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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 is able to 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
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EN22DE23.014</GPH>
FSIS stated in the 2016 final rule (81
FR 42225) and the 2017 Federal
Register notice (82 FR 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 2024, leaving the
EN22DE23.013</GPH>
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Number of Export Applications
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Federal Register / Vol. 88, No. 245 / Friday, December 22, 2023 / Notices
option to password protect their
accounts.
DEPARTMENT OF AGRICULTURE
USDA Non-Discrimination Statement
Natural Resources Conservation
Service
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.usda.gov/forms/electronicforms, 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 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.
USDA is an equal opportunity
provider, employer, and lender.
Done at Washington, DC.
Paul Kiecker,
Administrator.
[FR Doc. 2023–28231 Filed 12–21–23; 8:45 am]
BILLING CODE 3410–DM–P
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[Docket ID: NRCS–2023–0021]
Urban Agriculture and Innovative
Production Advisory Committee
Meeting
Natural Resources
Conservation Service (NRCS),
Department of Agriculture (USDA).
ACTION: Notice of public and virtual
meeting.
AGENCY:
The Natural Resources
Conservation Service (NRCS) will hold
a public meeting of the Urban
Agriculture and Innovative Production
Advisory Committee (UAIPAC).
UAIPAC will convene to discuss
proposed recommendations for the
Secretary of Agriculture on the
development of policies and outreach
relating to urban, indoor, and other
emerging agriculture production
practices. UAIPAC is authorized under
the Agriculture Improvement Act of
2018 (2018 Farm Bill) and operates in
compliance with the Federal Advisory
Committee Act, as amended.
DATES:
Written Comments: Written comments
will be accepted until 11:59 p.m. EDT
on Wednesday, February 14, 2023.
Meeting: The UAIPAC meeting will be
held on Wednesday, January 31, 2024,
from 2 p.m. to 3 p.m. Eastern Daylight
Time (EDT).
ADDRESSES:
Meeting Location: The meeting will be
held virtually via Zoom webinar. Preregistration is required to attend the
UAIPAC meeting and access informaton
will be provided to registered
individuals via email. Registration
details can be found at: https://
www.usda.gov/partnerships/federaladvisory-committee-urban-ag.
Written Comments: We invite you to
send comments in response to this
notice. Go to https://
www.regulations.gov and search for
Docket ID NRCS–2023–0021. Follow the
instructions for submitting comments.
All written comments received will be
publicly available on
www.regulations.gov.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Brian Guse; Designated Federal Officer;
telephone: (202) 205–9723; email:
UrbanAgricultureFederalAdvisory
Committee@usda.gov.
Individuals who require alternative
means for communication may contact
the USDA TARGET Center at (202) 720–
2600 (voice and text telephone (TTY)) or
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88563
dial 711 for Telecommunications Relay
service (both voice and text telephone
users can initiate this call from any
telephone).
SUPPLEMENTARY INFORMATION:
UAIPAC Purpose
The Federal Advisory Committee for
Urban Agriculture and Innovative
Production is one of several ways that
USDA is extending support and
building frameworks to support urban
agriculture, including issues of equity
and food and nutrition access. Section
222 of the Department of Agriculture
Reorganization Act of 1994, as amended
by section 12302 of the 2018 Farm Bill
(7 U.S.C. 6923; Pub. L. 115–334)
directed the Secretary to establish an
‘‘Urban Agriculture and Innovative
Production Advisory Committee’’ to
advise the Secretary of Agriculture on
any aspect of section 222, including the
development of policies and outreach
relating to urban, indoor, and other
emerging agricultural production
practices as well as identify any barriers
to urban agriculture. UAIPAC will host
public meetings to deliberate on
recommendations for the Secretary of
Agriculture. These recommendations
provide advice to the Secretary on
supporting urban agriculture and
innovative production through USDA’s
programs and services.
Meeting Agenda
The agenda items may include, but
are not limited to, welcome and
introductions; administrative matters;
presentations from the UAIPAC or
USDA staff; and deliberations for
proposed recommendations and plans.
The USDA UAIPAC website (https://
www.usda.gov/partnerships/federaladvisory-committee-urban-ag) will be
updated with the final agenda at least 24
hours prior to the meeting.
Written Comments
Comments should address specific
topics pertaining to urban agriculture
and innovative production. Written
comments will be accepted until 11:59
p.m. EDT on Wednesday, February 14,
2024. General questions and comments
are also accepted at any time via email:
UrbanAgricultureFederal
AdvisoryCommittee@usda.gov.
Meeting Materials
All written comments received by
Wednesday, February 14, 2024, will be
compiled for UAIPAC review and will
be included in the meeting minutes.
Duplicate comments from multiple
individuals will appear as one
comment, with a notation that multiple
copies of the comment were received.
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]]>Agencies
[Federal Register Volume 88, Number 245 (Friday, December 22, 2023)]
[Notices]
[Pages 88560-88563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28231]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. FSIS-2023-0029]
2024 Rate Changes for the Basetime, Overtime, Holiday, Laboratory
Services, and Export Application Fees
AGENCY: Food Safety and Inspection Service (FSIS), U.S. Department of
Agriculture (USDA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: FSIS is announcing the 2024 rates it will charge meat,
poultry, and egg products establishments, 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 2024 basetime, overtime, holiday, and
laboratory services rates will be applied on January 14, 2024.
[[Page 88561]]
DATES: FSIS will charge the rates announced in this notice beginning
January 14, 2024.
FOR FURTHER INFORMATION CONTACT: For further information contact
Michael Toner, Director, Budget Division, Office of the Chief Financial
Officer; Email: [email protected], Telephone: (202) 365-1352.
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, poultry, and egg products establishments 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 2024 rates, which will be applied starting on
January 14, 2024.
On September 6, 2017, FSIS published the Federal Register notice,
``Public Health Information System (PHIS) Export Component Country
Implementation'' (82 FR 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 the 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.
2024 Rates and Calculations
The following table lists the 2024 Rates per hour, per employee, by
type of service:
------------------------------------------------------------------------
2024 Rate
(estimates
rounded to
Service reflect
billable
quarter hour)
------------------------------------------------------------------------
Basetime............................................... $71.64
Overtime............................................... 87.96
Holiday................................................ 104.28
Laboratory............................................. 103.24
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 2024 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 2024 basetime rate per hour per program
employee is:
[FY 2023 OFO Regular Direct Pay divided by the previous fiscal year's
Regular Hours ($476,421,039/15,341,750)] = $31.05 + ($31.05 * 5.2%
(calendar year 2024 Cost of Living Increase)) = $32.67 + $13.34
(benefits rate) + $2.75 (travel and operating rate) + $22.86 (overhead
rate) + $0.00 (bad debt allowance rate) = $71.62, rounded up to $71.64,
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 2024 overtime rate per hour per program
employee is:
[FY 2023 OFO Regular Direct Pay divided by previous fiscal year's
Regular Hours ($476,421,039/15,341.750)] = $31.05 + ($31.05 * 5.2%
(calendar year 2024 Cost of Living Increase)) = $32.67 * 1.5 = $49.01 +
$13.34 (benefits rate) + $2.75 (travel and operating rate) + $22.86
(overhead rate) + $0.00 (bad debt allowance rate) = $87.95, rounded up
to $87.96, so that it 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 2024 holiday rate per hour per program
employee calculation is:
[FY 2023 OFO Regular Direct Pay divided by Regular Hours ($476,421,039/
15,341,750)] = $31.05 + ($31.05 * 5.2% (calendar year 2024 Cost of
Living Increase)) = $32.67 * 2 = $65.34 + $13.34 (benefits rate) +
$2.75 (travel and operating rate) + $22.86 (overhead rate) + $0.00 (bad
debt allowance rate) = $104.29, rounded down to $104.28, 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 2024 laboratory services rate per hour per
program employee is:
[FY 2023 OPHS Regular Direct Pay/OPHS Regular hours ($28,365,622/
464,251)] = $61.10 + ($61.10 * 5.2% (calendar year 2024 Cost of Living
Increase)) = $64.28 + $13.34 (benefits rate) + $2.75 (travel and
operating rate) + $22.86 (overhead rate) + $0.00 (bad debt allowance
rate) = $103.23, rounded up to $103.24, 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.
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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 2024 benefits rate per hour per program
employee is:
[FY 2023 Direct Benefits/(Total Regular hours + Total Overtime hours +
Total Holiday hours) ($236,947,058/18,687,290)] = $12.68 + ($12.68 *
5.2% (calendar year 2024 Cost of Living Increase)) = $13.34.
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 2024 travel and operating rate per hour per
program employee is:
[FY 2023 Total Direct Travel and Operating Costs/(Total Regular hours +
Total Overtime hours + Total Holiday hours) ($50,219,960/18,687,290)] =
$2.69 + ($2.69 * 2.3% (2024 Inflation) = $2.75.
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 2024 overhead rate per hour per program
employee is:
[FY 2023 Total Overhead/(Total Regular hours + Total Overtime hours +
Total Holiday hours) ($417,650,727/18,687,290)] = $22.35 + ($22.35 *
2.3% (2024 Inflation) = $22.86.
Allowance for Bad Debt Rate: Previous fiscal year's total allowance
for bad debt (for example, debt owed for overtime and holiday
inspection services that is not paid in full by establishments that
declare bankruptcy) divided by previous fiscal year's total hours
(regular, overtime, and holiday) worked.
The 2024 calculation for bad debt rate per hour per program
employee is:
[FY 2023 Total Bad Debt/(Total Regular hours + Total Overtime hours +
Total Holiday hours) = ($73,707/18,687,290)] = $0.00.
2024 Electronic Export Application Fee
The 2024 Electronic Export Application Fee:
[GRAPHIC] [TIFF OMITTED] TN22DE23.013
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] TN22DE23.014
FSIS stated in the 2016 final rule (81 FR 42225) and the 2017
Federal Register notice (82 FR 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 2024, 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 on-line through the FSIS web page located at:
https://www.fsis.usda.gov/federal-register.
FSIS will also announce and provide a link 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 is able to 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
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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.usda.gov/forms/electronic-forms, 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 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].
USDA is an equal opportunity provider, employer, and lender.
Done at Washington, DC.
Paul Kiecker,
Administrator.
[FR Doc. 2023-28231 Filed 12-21-23; 8:45 am]
BILLING CODE 3410-DM-P
