[Federal Register: January 9, 2004 (Volume 69, Number 6)]
[Notices]               
[Page 1566-1567]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ja04-34]                         

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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

[Docket No. 02-026N]

 
FSIS Policy on Delinquent Payments for Reimbursable Overtime and 
Holiday Meat, Poultry, and Egg Products Inspection Services

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: The Food Safety and Inspection Service (FSIS) is providing 
notice that it will not provide reimbursable overtime and holiday meat, 
poultry, and egg product inspection services to persons who have 
delinquent accounts. FSIS charges fees for the overtime and holiday 
meat, poultry, and egg product inspection services it provides to 
official establishments, official plants, importers, and exporters. In 
addition, FSIS will pursue the collection of debts owed to it for such 
services.

DATES: This notice is effective February 9, 2004.

FOR FURTHER INFORMATION CONTACT: For further information contact 
Michael B. Zimmerer, Director, Financial Management Division, Office of 
Management, FSIS, U.S. Department of Agriculture, 5601 Sunnyside 
Avenue, Mail Drop 5262 Beltsville, MD 20705, (301) 504-5885.

SUPPLEMENTARY INFORMATION:

Background

    FSIS is providing notice of the actions it will take in regard to 
the provision of reimbursable overtime and holiday meat, poultry, and 
egg products inspection services to persons who are delinquent in 
paying for such services. The Agency is authorized to charge fees for 
the overtime and holiday meat, poultry, and egg product inspection 
services it provides by 7 U.S.C. 2219a and 21 U.S.C. 468, 695, and 
1053.
    FSIS regulations provide that reimbursable overtime and holiday 
meat, poultry, and egg products inspection services will not be 
performed for persons who have a delinquent account. These regulations 
are set forth in Title 9 of the Code of Federal Regulations (CFR) in 
sections 307.6(c), 381.39(c), and 590.130. The regulations provide that 
bills are payable upon receipt and become delinquent 30 days from the 
date of the bill.
    As of the effective date of this notice, if payment for 
reimbursable overtime and holiday meat, poultry, and egg products 
inspection services, including payment of interest, penalty, and 
administrative charges, is delinquent, the Agency will take the 
following actions:
    [sbull] FSIS will send the recipient of the service a ``dunning 
notice.''
    [sbull] FSIS will send a certified letter, along with a second 
dunning notice, to the recipient of the services if the requested 
payment in full is not received within 30 days of the initial dunning. 
If payment in full of the delinquent account is not received by FSIS 
within 14 days from the date the certified letter and second dunning 
notice are received, no further reimbursable overtime or holiday meat, 
poultry, and egg products inspection services will be provided until 
payment in full of the delinquent debt, including any interest, 
penalty, and administrative charges assessed, is received.
    [sbull] If a debtor either has failed to make payment in full, of a 
delinquent debt or has not entered into a written repayment agreement 
with FSIS, the Agency will transfer the delinquent debt to the U.S. 
Department of Treasury for cross-servicing in accordance with the Debt 
Collection Improvement Act of 1996. At the discretion of the Secretary 
of the U.S. Department of Treasury, referral of a delinquent nontax 
debt may be made to (A) any executive department or agency operating a 
debt collection center for collection action; (B) a private collection 
contractor operating under a contract for servicing or collection 
action; or (C) the U.S. Department of Justice for litigation.
    This notice applies to the provision of reimbursable overtime and 
holiday meat, poultry, and egg products inspection services provided 
pursuant to 7 U.S.C. 2219a and 21 U.S.C. 468, 695, and 1053, and 
regulations enacted thereunder. FSIS will continue to provide non-
overtime and non-reimbursable holiday meat, poultry, and egg products 
inspection services under the Federal Meat Inspection Act (21 U.S.C. 
601 et. seq.), the Poultry Products Inspection Act (21 U.S.C. 451 et 
seq., and the Egg Products Inspection Act (21 U.S.C. 1031 et seq.) to 
persons, regardless of whether they are delinquent in paying for the 
reimbursable overtime or holiday meat, poultry, or egg products 
inspection services provided to them.

Additional Public Notification

    Public awareness of all segments of rulemaking and policy 
development is important. Consequently, in an effort to better ensure 
that minorities, women, and persons with disabilities are aware of this 
notice, FSIS will announce it and make copies of this Federal Register 
publication available through the FSIS Constituent Update. FSIS 
provides a weekly Constituent Update, which is communicated via 
Listserv, a free e-mail subscription service. In addition, the update 
is available on-line through the FSIS web page located at http://www.fsis.usda.gov.
 The update is used to provide information regarding 

FSIS policies, procedures, regulations, Federal Register notices, FSIS 
public meetings, recalls, and any other types of information that could 
affect or would be of interest to our constituents/stakeholders. The 
constituent Listserv consists of industry, trade, and farm groups, 
consumer interest groups, allied health professionals, scientific 
professionals, and other individuals that have requested to be 
included. Through the Listserv and web page, FSIS is able to provide 
information to a much broader, more diverse audience than would 
otherwise be possible.
    For more information contact the Congressional and Public Affairs 
Office, at (202) 720-9113. To be added to the free e-mail subscription 
service (Listserv) go to the ``Constituent Update'' page on the FSIS 
Web site at http://www.fsis.usda.gov/oa/update/update.htm. Click on the 

``Subscribe to

[[Page 1567]]

the Constituent Update Listserv'' link, then fill out and submit the 
form.

    Done at Washington, DC, on January 5, 2004.
Garry L. McKee,
Administrator.
[FR Doc. 04-401 Filed 1-8-04; 8:45 am]