2025 Rate Changes for the Basetime, Overtime, Holiday, Laboratory Services, and Export Application Fees, 106417-106420 [2024-31145]

Download as PDF Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices We will consider all comments that we receive on or before February 28, 2025. ADDRESSES: We will submit comments by either of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov. Enter APHIS– 2020–0024 in the Search field. Select the Documents tab, then select the Comment button in the list of documents. • Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS–2020–0024, Regulatory Analysis and Development, PPD, APHIS, Station 2C–10.16, 4700 River Road, Unit 25, Riverdale, MD 20737–1238. Supporting documents and any comments we receive on this docket may be viewed at https:// www.regulations.gov or in our reading room, which is located in Room 1620 of the USDA South Building, 14th Street and Independence Avenue SW, Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 799–7039 before coming. FOR FURTHER INFORMATION CONTACT: Mr. Hesham Abuelnaga, Senior Regulatory Policy Specialist, PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737–1236; (301) 851–2010; email: Hesham.A.Abuelnaga@usda.gov. SUPPLEMENTARY INFORMATION: ddrumheller on DSK120RN23PROD with NOTICES1 DATES: Background Under the regulations in ‘‘Subpart L— Fruits and Vegetables’’ (7 CFR 319.56– 1 through 319.56–12, referred to below as the regulations), the Animal and Plant Health Inspection Service (APHIS) prohibits or restricts the importation of fruits and vegetables into the United States from certain parts of the world to prevent plant pests from being introduced into or disseminated within the United States. Section 319.56–4 contains a performance-based process for approving the importation of certain fruits and vegetables that, based on the findings of a pest risk analysis, can safely be imported subject to one or more of the five designated phytosanitary measures listed in paragraph (b) of that section. APHIS received a request from the national plant protection organization of Indonesia to allow the importation of fresh pineapple fruit (Ananas comosus) from Indonesia into the United States. As part of our evaluation of Indonesia’s request, we have prepared a pest risk assessment to identify the pests of quarantine significance that could VerDate Sep<11>2014 23:58 Dec 27, 2024 Jkt 265001 follow the pathway of the importation of fresh pineapple fruit (Ananas comosus) from Indonesia into the United States. Based on the pest risk assessment, a risk management document (RMD) was prepared to identify phytosanitary measures that could be applied to the fresh pineapple fruit to mitigate the pest risk. Therefore, in accordance with § 319.56–4(c), we are announcing the availability of our pest risk assessment and RMD for public review and comment. Those documents, as well as a description of the economic considerations associated with the importation of fresh pineapple for consumption from Indonesia may be viewed on the Regulations.gov website or in our reading room (see ADDRESSES above for a link to Regulations.gov and information on the location and hours of the reading room). You may request paper copies of the pest risk assessment and RMD by calling or writing to the person listed under FOR FURTHER INFORMATION CONTACT. Please refer to the subject of the analysis you wish to review when requesting copies. After reviewing any comments we receive, we will announce our decision regarding the import status of fresh pineapple fruit from Indonesia in a subsequent notice. If the overall conclusions of our analysis and the Administrator’s determination of risk remain unchanged following our consideration of the comments, then we will authorize the importation of fresh pineapple fruit from Indonesia into the United States subject to the requirements specified in the RMD. Authority: 7 U.S.C. 1633, 7701–7772, and 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. Done in Washington, DC, this 19th day of December 2024. Michael Watson, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2024–30969 Filed 12–27–24; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service [Docket No. FSIS–2024–0029] 2025 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: PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 106417 FSIS is announcing the 2025 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 a change 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 2025 basetime, overtime, holiday, and laboratory services rates will be applied on January 12, 2025. DATES: FSIS will charge the rates announced in this notice beginning January 12, 2025. FOR FURTHER INFORMATION CONTACT: For further information contact Michael Toner, Director, Budget Division, Office of the Chief Financial Officer; email: Michael.toner@usda.gov, telephone:(202) 365–1352. SUPPLEMENTARY INFORMATION: SUMMARY: 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 2025 rates, which will be applied starting on January 12, 2025. Export Component 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 E:\FR\FM\30DEN1.SGM 30DEN1 106418 Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices 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, the application fee has been recalculated based on updated costs and number of applications. 2025 Rates and Calculations The following table lists the 2025 Rates per hour, per employee, by type of service: 2025 rate (estimates rounded to reflect billable quarter hour) Service Basetime .................................................................................................................................................................... Overtime .................................................................................................................................................................... Holiday ....................................................................................................................................................................... Laboratory .................................................................................................................................................................. Export Application ...................................................................................................................................................... $73.04 89.68 106.32 105.68 4.83 * ddrumheller on DSK120RN23PROD with NOTICES1 * 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 2025 rates using the following calculations: Basetime Rate = The quotient of dividing the 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 2025 basetime rate per hour per program employee is: [FY 2024 OFO Regular Direct Pay divided by the previous fiscal year’s Regular Hours ($488,399,073/ 14,973,938)] = $32.62 + ($32.62 * 2.0% (calendar year 2025 Cost of Living Increase)) = $33.27 + $13.34 (benefits rate) + $2.91 (travel and operating rate) + $23.53(overhead rate) + $0.02 (bad debt allowance rate) = $73.05, rounded down to $73.04, so that it is divisible by 4. Overtime Rate = The quotient of dividing the 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 VerDate Sep<11>2014 23:58 Dec 27, 2024 Jkt 265001 operating rate, plus the overhead rate, plus the allowance for bad debt rate. The calculation for the 2025 overtime rate per hour per program employee is: [FY 2024 OFO Regular Direct Pay divided by previous fiscal year’s Regular Hours ($488,399,073/14,973,938)] = $32.62 + ($32.62 * 2.0% (calendar year 2025 Cost of Living Increase)) = $33.27 * 1.5 = $49.90 + $13.34 (benefits rate) + $2.91 (travel and operating rate) + $23.53(overhead rate) + $0.02(bad debt allowance rate) = $89.68, which is divisible by 4. Holiday Rate = The quotient of dividing the 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 2025 holiday rate per hour per program employee calculation is: [FY 2024 OFO Regular Direct Pay divided by previous fiscal year’s Regular Hours ($488,399,073/14,973,938)] = $32.62 + ($32.62 * 2.0% (calendar year 2025 Cost of Living Increase)) = $33.27 * 2 = $66.54 + $13.34 (benefits rate) + $2.91 (travel and operating rate) + $23.53(overhead rate) + $0.02(bad debt allowance rate) = $106.32, which 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. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 The calculation for the 2025 laboratory services rate per hour per program employee is: [FY 2024 OPHS Regular Direct Pay/ OPHS Regular hours ($28,720,306/ 444,635)] = $64.59 + ($64.59 * 2.0% (calendar year 2025 Cost of Living Increase)) = $65.88 + $13.34 (benefits rate) + $2.91 (travel and operating rate) + $23.53 (overhead rate) + $0.02 (bad debt allowance rate) = $105.67, rounded up to $105.68, 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 2025 benefits rate per hour per program employee is: [FY 2024 Direct Benefits/(Total Regular hours + Total Overtime hours + Total Holiday hours) ($235,393,201/ 17,994,567)] = $13.08 + ($13.08 * 2.0% (calendar year 2025 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 2025 travel and operating rate per hour per program employee is: E:\FR\FM\30DEN1.SGM 30DEN1 Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices [FY 2024 Total Direct Travel and Operating Costs/(Total Regular hours + Total Overtime hours + Total Holiday hours) ($51,107,348/17,994,567)] = $2.84 + ($2.84 * 2.023% (2025 Inflation) = $2.91. Overhead Rate: The quotient of dividing the previous fiscal year’s indirect costs plus the previous fiscal year’s information technology (IT) costs in the Public Health Data Communication Infrastructure System Fund plus the provision for the operating balance less any Greenbook costs (i.e., costs of USDA support services prorated to the service component for which fees are charged) that are not related to food inspection by the previous fiscal year’s total hours (regular, overtime, and holiday) worked across all funds, plus the quotient multiplied by the calendar year’s percentage of inflation. The calculation for the 2025 overhead rate per hour per program employee is: [FY 2024 Total Overhead/(Total Regular hours + Total Overtime hours + Total Holiday hours) ($ 413,946,871/17,994,567)] = $23.00 + ($23.00 * 2.023% (2025 Inflation) = $23.53. 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 2025 calculation for bad debt rate per hour per program employee is: [FY 2024 Total Bad Debt/(Total Regular hours + Total Overtime hours + Total Holiday hours) = ($390,688/ 17,994,564)] = $0.02. 2025 Electronic Export Application Fee 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 106419 42225), the Electronic Export Application Fee Formula is: Labor Cost (Technical Support + Export Library Maintenance) + IT Cost (Ongoing Operations and Maintenance + eAuthentication 1) Number of Export Applications 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. As of November 2024, most countries have been included in the export component. Therefore, FSIS is able to accurately estimate the number of export applications (the denominator in the formula) and update costs to include the transition from eAuthentication to Login.gov. The electronic export application fee has been changed to $4.83 for 2025. The 2025 Electronic Export Application Fee: Labor Cost ($590,070 + ($191,050)) + IT Cost ($1,620,000 + $24,000) 501,984 ddrumheller on DSK120RN23PROD with NOTICES1 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 1 As of September 2024, Login.gov accounts are required by all public customers to access USDA VerDate Sep<11>2014 23:58 Dec 27, 2024 Jkt 265001 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/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, websites and applications, i.e., FSIS’ PHIS. More information can be found on the USDA eAuth FAQ’s page at: https://www.eauth.usda.gov/eauth/ b/usda/faq. 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. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\30DEN1.SGM 30DEN1 EN30DE24.004</GPH> = $4.83 106420 Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices 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. Denise Eblen, Administrator. [FR Doc. 2024–31145 Filed 12–27–24; 8:45 am] BILLING CODE 3410–DM–P DEPARTMENT OF AGRICULTURE Food and Nutrition Service Agency Information Collection Activities: Waiver and State Plans (WiSP) 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 collection is a: New collection. DATES: Written comments must be received on or before TBD February 28, 2025. ADDRESSES: We invite you to submit written comments on this notice. —Preferred method: Federal eRulemaking Portal. Go to https:// www.regulations.gov, and follow the online instructions for submitting comments electronically. —Mail: Amanda Vega, WIC Program Integrity and Monitory Branch, Food and Nutrition Service, U.S. Department of Agriculture, 1320 Braddock Place, Alexandria, Virginia 22314. —Email: email comments to amanda.vega@usda.gov. 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 ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 23:58 Dec 27, 2024 Jkt 265001 should be directed to Andrea Whitley at andrea.whitley@usda.gov, 703–305– 2465. 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: Waivers and State Plans (WiSP). Form Number: Not Yet Determined. OMB Number: Not Yet Assigned. Expiration Date: Not Yet Determined. Type of Request: New collection. Abstract: The burden activities that are covered by this Information Collection Request include the transition from individual collections for Program waivers and State Plans to a new application supporting multiple USDA Programs. This application will allow State agencies to request Program waivers and submit State Plans to the USDA Food and Nutrition Service (FNS), FNS staff to manage data provided within the application, and covers the gathering and maintenance of all supporting data from each State agency. The Waivers and State Plans (WiSP) application will support the following USDA Programs and be available to all participating State agencies in each Program: Special Supplemental Nutrition Program for Woman, Infants and Children (WIC), Farmers Market Nutrition Program (FMNP), and Seniors Farmers Market Nutrition Program (SFMNP). The purpose of WIC is to provide supplemental foods, nutrition education, and health care referrals to low income, nutritionally at-risk pregnant, breastfeeding and postpartum women, infants, and children up to age five. The WIC Program is authorized by the Child Nutrition Act of 1966, as amended. WIC currently operates through a Federal/State partnership in which the Department of Agriculture/ Food and Nutrition Service (FNS) provides grants to State agencies in 50 U.S. States, 6 U.S. Territories, and 32 Indian Tribal Organizations (ITO’s). The SUPPLEMENTARY INFORMATION: PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 WIC Program requirements are specified in Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786(m)(8)), and WIC regulations at 7 CFR part 246. FMNP is designed to provide fresh, unprepared, locally grown fruits and vegetables to WIC participants and expand the awareness, use of, and sales at farmers markets. FMNP currently operates through a Federal/State partnership in which FNS provides grants to State agencies in 42 U.S. States, 3 U.S. Territories, and 6 ITOs. FMNP Program requirements are specified in Section 17(m)(8) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(m)(8)), and FMNP regulations at 7 CFR part 248. SFMNP is designed to provide lowincome seniors with access to locally grown fruits, vegetables, honey and herbs and aid in the development of new and additional farmers markets, roadside stands, and community support agricultural programs. SFMNP currently operates through a Federal/ State partnership in which FNS provides grants in 44 U.S. States, 3 U.S. Territories, and 7 ITOs. SFMNP Program requirements are specified in the Farm Security and Rural Investment Act of 2002, as amended, (Pub. L. 107–171) and SFMNP regulations at 7 CFR part 249. The reporting and record-keeping burden activities that are covered by the information collection include requirements that involve the new application allowing State agencies to submit waiver requests and State Plan submissions to FNS. The WiSP application will provide a way for State agency staff to request pre-defined standard waivers, nationwide opt-in waivers, disaster related waivers, and to build custom ad hoc waiver requests. The application will support current and future legislation providing FNS with waiver authority for WIC, FMNP, and SFMNP program requirements. Depending on the legislation, this waiver authority may be temporary, as is the case for waivers granted under the American Rescue Plan Act (ARPA, Pub. L. 117–2), or permanent, as is the case for waivers granted under the Access to Baby Formula Act of 2022 (ABFA, Pub. L. 117–129). Application users will be able to respond to requests for more information, as needed, within the application. This will streamline the waiver request process and ensure that all waiver correspondence is kept associated to the waiver request. Waivers are requested on an as needed basis, and not all State agencies will request a waiver for a Program requirements. Waivers are authorized by specific legislation and may have a E:\FR\FM\30DEN1.SGM 30DEN1

Agencies

[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Notices]
[Pages 106417-106420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31145]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

[Docket No. FSIS-2024-0029]


2025 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 2025 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 a change 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 
2025 basetime, overtime, holiday, and laboratory services rates will be 
applied on January 12, 2025.

DATES: FSIS will charge the rates announced in this notice beginning 
January 12, 2025.

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 2025 rates, which will be applied starting on 
January 12, 2025.

Export Component

    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

[[Page 106418]]

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, the application 
fee has been recalculated based on updated costs and number of 
applications.

2025 Rates and Calculations

    The following table lists the 2025 Rates per hour, per employee, by 
type of service:

------------------------------------------------------------------------
                                            2025 rate (estimates rounded
                  Service                        to reflect  billable
                                                    quarter hour)
------------------------------------------------------------------------
Basetime..................................                        $73.04
Overtime..................................                         89.68
Holiday...................................                        106.32
Laboratory................................                        105.68
Export Application........................                        4.83 *
------------------------------------------------------------------------
* 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 2025 rates using the following calculations:
    Basetime Rate = The quotient of dividing the 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 2025 basetime rate per hour per program 
employee is:
    [FY 2024 OFO Regular Direct Pay divided by the previous fiscal 
year's Regular Hours ($488,399,073/14,973,938)] = $32.62 + ($32.62 * 
2.0% (calendar year 2025 Cost of Living Increase)) = $33.27 + $13.34 
(benefits rate) + $2.91 (travel and operating rate) + $23.53(overhead 
rate) + $0.02 (bad debt allowance rate) = $73.05, rounded down to 
$73.04, so that it is divisible by 4.
    Overtime Rate = The quotient of dividing the 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 2025 overtime rate per hour per program 
employee is:
    [FY 2024 OFO Regular Direct Pay divided by previous fiscal year's 
Regular Hours ($488,399,073/14,973,938)] = $32.62 + ($32.62 * 2.0% 
(calendar year 2025 Cost of Living Increase)) = $33.27 * 1.5 = $49.90 + 
$13.34 (benefits rate) + $2.91 (travel and operating rate) + 
$23.53(overhead rate) + $0.02(bad debt allowance rate) = $89.68, which 
is divisible by 4.
    Holiday Rate = The quotient of dividing the 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 2025 holiday rate per hour per program 
employee calculation is:
    [FY 2024 OFO Regular Direct Pay divided by previous fiscal year's 
Regular Hours ($488,399,073/14,973,938)] = $32.62 + ($32.62 * 2.0% 
(calendar year 2025 Cost of Living Increase)) = $33.27 * 2 = $66.54 + 
$13.34 (benefits rate) + $2.91 (travel and operating rate) + 
$23.53(overhead rate) + $0.02(bad debt allowance rate) = $106.32, which 
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 2025 laboratory services rate per hour per 
program employee is:
    [FY 2024 OPHS Regular Direct Pay/OPHS Regular hours ($28,720,306/
444,635)] = $64.59 + ($64.59 * 2.0% (calendar year 2025 Cost of Living 
Increase)) = $65.88 + $13.34 (benefits rate) + $2.91 (travel and 
operating rate) + $23.53 (overhead rate) + $0.02 (bad debt allowance 
rate) = $105.67, rounded up to $105.68, 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 2025 benefits rate per hour per program 
employee is:

[FY 2024 Direct Benefits/(Total Regular hours + Total Overtime hours + 
Total Holiday hours) ($235,393,201/17,994,567)] = $13.08 + ($13.08 * 
2.0% (calendar year 2025 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 2025 travel and operating rate per hour per 
program employee is:

[[Page 106419]]

    [FY 2024 Total Direct Travel and Operating Costs/(Total Regular 
hours + Total Overtime hours + Total Holiday hours) ($51,107,348/
17,994,567)] = $2.84 + ($2.84 * 2.023% (2025 Inflation) = $2.91.

    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 2025 overhead rate per hour per program 
employee is:

[FY 2024 Total Overhead/(Total Regular hours + Total Overtime hours + 
Total Holiday hours) ($ 413,946,871/17,994,567)] = $23.00 + ($23.00 * 
2.023% (2025 Inflation) = $23.53.
    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 2025 calculation for bad debt rate per hour per program 
employee is:
    [FY 2024 Total Bad Debt/(Total Regular hours + Total Overtime hours 
+ Total Holiday hours) = ($390,688/17,994,564)] = $0.02.

2025 Electronic Export Application Fee

    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: Labor Cost (Technical Support + Export Library Maintenance) 
+ IT Cost (Ongoing Operations and Maintenance + eAuthentication \1\)
---------------------------------------------------------------------------

    \1\ As of September 2024, Login.gov accounts are required by all 
public customers to access USDA websites and applications, i.e., 
FSIS' PHIS. More information can be found on the USDA eAuth FAQ's 
page at: https://www.eauth.usda.gov/eauth/b/usda/faq.
---------------------------------------------------------------------------

Number of Export Applications

    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. As of November 2024, most countries have been 
included in the export component. Therefore, FSIS is able to accurately 
estimate the number of export applications (the denominator in the 
formula) and update costs to include the transition from 
eAuthentication to Login.gov. The electronic export application fee has 
been changed to $4.83 for 2025.
    The 2025 Electronic Export Application Fee:
    [GRAPHIC] [TIFF OMITTED] TN30DE24.004
    
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 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,

[[Page 106420]]

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.
Denise Eblen,
Administrator.
[FR Doc. 2024-31145 Filed 12-27-24; 8:45 am]
BILLING CODE 3410-DM-P


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