2025 Rate Changes for the Basetime, Overtime, Holiday, Laboratory Services, and Export Application Fees, 106417-106420 [2024-31145]
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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:
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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
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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:
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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
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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 *
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* 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
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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.
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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:
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[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
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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
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23:58 Dec 27, 2024
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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.
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= $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
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SUMMARY:
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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:
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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
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[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]
-----------------------------------------------------------------------
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
