# Fee Increase for Inspection Services > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-15504 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** June 27, 1994 ## Text SUMMARY: The Food Safety and Inspection Service (FSIS) is proposing to amend the Federal meat and poultry products inspection regulations to increase the fees charged by FSIS to provide overtime and holiday inspection, voluntary inspection, identification, certification, or laboratory services to meat and poultry establishments. The proposed fee increases reflect the increased costs of providing these services due primarily to the increase in salaries of Federal employees allocated by Congress under the Federal Employees Pay Comparability Act of 1990. DATES: Comments must be received on or before: July 27, 1994. ADDRESSES: Send written comments to the Policy Evaluation and Planning Staff, Attention: Diane Moore, FSIS Hearing Clerk, Room 3171, South Agriculture Building, Food Safety and Inspection Service, U.S. Department of Agriculture, Washington, DC 20250-3700. Oral comments as provided under the Poultry Products Inspection Act should be directed to Mr. William L. West, (202) 720-3367. (See also ``Comments'' under Supplementary Information.) FOR FURTHER INFORMATION CONTACT: Mr. William L. West, Director, Budget and Finance Division, Administrative Management, Food Safety and Inspection Service, U.S. Department of Agriculture, Washington, DC 20250-3700, (202) 720-3367. SUPPLEMENTARY INFORMATION: Executive Order 12866 This proposed rule has been determined to be not significant for purposes of Executive Order 12866 and therefore has not been reviewed by the Office of Management and Budget. The proposed fee increases reflect the increased costs of providing certain inspection services due primarily to an increase in salaries of Federal employees allocated by Congress under the Federal Employees Pay Comparability Act of 1990. Since FSIS is required to recover the reimbursable portion of the increase in employee salaries, FSIS is only providing a 30-day comment period for this proposed rule. Executive Order 12778 This proposed rule has been reviewed under Executive Order 12778, Civil Justice Reform. This proposed rule is intended to have preemptive effect with respect to any State or local laws, regulations or policies which conflict with its provisions or which would otherwise impede its full implementation. This proposed rule is not intended to have retroactive effect unless so specified in the EFFECTIVE DATE section of this preamble. Prior to any judicial challenge to the provisions, all applicable administrative procedures must be exhausted. Under the Federal Meat and Poultry Products Inspection Acts, the administrative procedures are set forth in 7 CFR part 1. Effect on Small Entities The Administrator, Food Safety and Inspection Service, has determined that this action will not have a significant economic impact on a substantial number of small entities as defined by the Regulatory Flexibility Act (5 U.S.C. 601). The fees provided for in this document reflect only a minimal increase in the costs currently borne by those entities which elect to utilize certain inspection services. Comments Interested persons are invited to submit written comments concerning this proposal. Written comments should be sent to the Policy Evaluation and Planning Staff and should refer to docket number 94- 013P. Any person desiring an opportunity for oral presentation of views as provided under the Poultry Products Inspection Act must make such request to Mr. West so that arrangements may be made for such views to be presented. A record will be made of all views orally presented. All comments submitted in response to this proposal will be available for public inspection in the Policy Office from 9:00 a.m. to 4:00 p.m., Monday through Friday. Background Mandatory inspection by Federal inspectors of meat and poultry slaughtered and/or processed at official establishments is provided for under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.). and the Poultry Products Inspection Act (21 U.S.C. 451 et seq.). Such inspection is required to ensure the safety, wholesomeness, and proper labeling of meat and poultry products; the ordinary costs of inspection are borne by the U.S. Government. However, costs for these inspection services performed on holidays or on an overtime basis may be incurred to accommodate the business needs of particular establishments. All of these costs which are not a part of the mandatory inspection service are recoverable by the Government. Each year the fees for certain services rendered to operators of official meat and poultry establishments, importers, or exporters by FSIS are reviewed and a cost analysis is performed to determine if such fees are adequate to recover the cost of providing the services.\1\ The analysis relates to fees changed in connection with overtime and holiday inspection, voluntary inspection, identification, certification, or laboratory services. The proposed new fees discussed below were determined by an analysis of data on the current cost of these services and by increases in costs due primarily to an increase in the salaries of Federal employees allocated by Congress under the Federal Employees Pay Comparability Act of 1990 which provided an average FSIS locality pay raise of 3.2 percent in January 1994. Other increases affecting Federal employees, such as costs for benefits, are due to the increasing number of employees covered by the Federal Employees Retirement System in 1994 which is subject to the Federal Insurance Contributions Act (FICA) tax, and increased health insurance costs. Based on the Agency's analysis of the costs in providing these services, FSIS is proposing to increase the fees relating to overtime and holiday inspection, voluntary inspection, identification, certification and laboratory services. --------------------------------------------------------------------------- \1\The cost analysis is on file with the FSIS Hearing Clerk. Copies may be requested free of charge from the FSIS Hearing Clerk, Room 3171, South Agriculture Building, Food Safety and Inspection Service, U.S. Department of Agriculture, Washington, DC 20250-3700. --------------------------------------------------------------------------- 9 CFR 307.5 of the Federal meat inspection regulations provides that FSIS shall be reimbursed for the cost of meat inspection on holidays or on an overtime basis at the rate specified in 9 CFR 391.3, currently $30.72 per hour, per program employee. Similarly, 9 CFR 381.38 of the poultry products inspection regulations provides that FSIS shall be reimbursed for the cost of poultry inspection on holidays or on an overtime basis at the rate specified in 9 CFR 391.3, currently $30.72 per hour, per program employee. FSIS is proposing to increase the fee set forth in section 391.3 to $31.80 per hour, per program employee. FSIS also provides a range of voluntary inspection and certification services (9 CFR 350.7, 351.8, 351.9, 352.5, 354.101, 355.12, and 362.5); the costs of which are totally recoverable by the Government. These services, provided under Subchapter B--Voluntary Inspection and Certification Service--are provided under the Agricultural Marketing Act of 1946, as amended (7 U.S.C. 1621 et seq.) to assist in the orderly marketing of various animal products and byproducts not subject to the Federal Meat Inspection Act or the Poultry Products Inspection Act. The base time rate for providing voluntary inspection and certification services is currently $29.84 per hour, per program employee, as specified in 9 CFR 391.2. The overtime and holiday rate for voluntary inspection services is currently $30.72 per hour, per program employee, as specified in 9 CFR 391.3. As stated above, these fees would be increased to $31.12 per hour and $31.80 per hour, per program employee, respectively. The rate for laboratory services is currently $51.80 per hour, per program employee, as specified in 9 CFR 391.4. FSIS is proposing to increase the fee set forth in section 391.4 to $52.04 per hour, per program employee. List of Subjects in 9 CFR Part 391 Fees and charges, Meat inspection, Poultry products inspection. For the reasons set out in the preamble, 9 CFR part 391 is proposed to be amended as set forth below. PART 391--FEES AND CHARGES FOR INSPECTION SERVICES 1. The authority citation for part 391 would continue to read as follows: Authority: 21 U.S.C. 601 et seq., 460 et seq.; 7 CFR 2.17 (g) and (i), 2.55; 7 U.S.C. 394, 1622, and 1624. 2. Sections 391.2, 391.3, and 391.4 would be revised to read as follows: Sec. 391.2 Base time rate. The base time rate for inspection services provided pursuant to Secs. 350.7, 351.8, 351.9, 352.5, 354.101, 355.12, and 362.5 shall be $31.13 per hour, per program employee. Sec. 391.3 Overtime and holiday rate. The overtime and holiday rate for inspection services provided pursuant to Secs. 307.5, 350.7, 351.8, 351.9, 352.5, 354.101, 355.12, 362.5, and 381.38 shall be $31.80 per hour, per program employee. Sec. 391.4 Laboratory services rate. The rate for laboratory services provided pursuant to Secs. 350.7, 351.9, 352.5, 354.101, 355.12, and 362.5 shall be $52.04 per hour, per program employee. Done at Washington, DC, on June 22, 1994. Patricia Jensen, Acting Assistant Secretary, Marketing and Inspection Services. [FR Doc. 94-15504 Filed 6-24-94; 8:45 am] BILLING CODE 3410-DM-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-15504. Public record. Not legal advice.