[Federal Register Volume 78, Number 188 (Friday, September 27, 2013)]
[Rules and Regulations]
[Pages 59621-59622]
From the Federal Register Online via the Government Printing Office
[FR Doc No: 2013-23505]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
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Federal Register / Vol. 78, No. 188 / Friday, September 27, 2013 /
Rules and Regulations
[[Page 59621]]
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 391
[Docket No. FSIS-2013-0026]
Extension of the Current Fees for the Accredited Laboratory
Program
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Interim final rule.
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SUMMARY: The Accredited Laboratory Program is the FSIS program in which
non-Federal laboratories are accredited as eligible to perform analyses
on official regulatory samples of raw or processed meat and poultry
products, and through which a check sample program for quality
assurance is conducted. The program is funded by user fees. The current
fee regulation is due to expire at the end of the present fiscal year.
In order to provide time to develop a proposed rule that will establish
a formula for determining the fee, FSIS is extending the current
laboratory accreditation fee.
DATES: This final rule is effective September 27, 2013.
ADDRESSES: FSIS invites interested persons to submit comments on this
rule. Comments may be submitted by either of the following methods:
Federal eRulemaking Portal: This Web site provides the
ability to type short comments directly into the comment field on this
Web page or attach a file for lengthier comments. Go to http://www.regulations.gov. Follow the on-line instructions at that site for
submitting comments.
Mail, including CD-ROMs, etc.: Send to Docket Clerk, U.S.
Department of Agriculture, Food Safety and Inspection Service, Patriots
Plaza 3, 1400 Independence Avenue SW., Mailstop 3782, Room 8-163B,
Washington, DC 20250-3700.
Hand- or courier-delivered submittals: Deliver to Patriots
Plaza 3, 355 E Street SW., Room 8-163B, Washington, DC 20250-3700.
Instructions: All items submitted by mail or electronic mail must
include the Agency name and docket number FSIS-2013-0026. Comments
received in response to this docket will be made available for public
inspection and posted without change, including any personal
information, to http://www.regulations.gov.
Docket: For access to background documents or comments received, go
to the FSIS Docket Room at Patriots Plaza 3, 355 E. Street SW., Room 8-
164, Washington, DC 20250-3700 between 8:00 a.m. and 4:30 p.m., Monday
through Friday.
FOR FURTHER INFORMATION CONTACT: Contact Charles Williams, Director,
Issuance Staff, Office of Policy and Program Development, Food Safety
and Inspection Service, USDA, 1400 Independence Avenue SW., Room 6077,
South Building, Washington, DC 20250; Telephone: (202) 720-5627.
SUPPLEMENTARY INFORMATION:
Background
FSIS accredits non-Federal analytical laboratories under its
Accredited Laboratory Program. Such accreditation allows laboratories
to conduct analyses of official meat and poultry samples. The Food,
Agriculture, Conservation, and Trade Act of 1990, as amended, mandates
that laboratory accreditation fees cover the costs of the Accredited
Laboratory Program. This same Act mandates an annual payment of an
accreditation fee on the anniversary date of each accreditation.
On April 12, 2011, FSIS issued a final rule entitled, ``New
Formulas for Calculating the Basetime, Overtime, Holiday, and
Laboratory Services Rates; Rate Changes Based on the Formulas; and
Increased Fees for the Accredited Laboratory Program'' (76 FR 20220).
The rule increased fees for the Accredited Laboratory Program beginning
in fiscal year 2012 in order to ensure FSIS recovered the cost of
providing laboratory accreditation services. The current laboratory
accreditation fee of $5,000 expires September 30, 2013. However,
because the Accredited Laboratory Program fee continues to be
necessary, FSIS is extending the current fee. FSIS plans to develop and
propose a new formula for calculating the fee.
Interim Final Rule
FSIS is amending 9 CFR 391.5 to keep the laboratory accreditation
fee at $5,000.00. In accordance with section 553 of the Administrative
Procedure Act (5 U.S.C. 553), the Agency finds good cause for making
this interim rule effective upon publication. At the same time,
however, FSIS is providing for a 30-day comment period. FSIS will
propose changes to the laboratory accreditation fees through future
rulemaking.
Executive Order 12866 Regulatory Review
This rule has been reviewed under Executive Order 12866 by the
Office of Management and Budget (OMB) and has been determined to be
``not significant'' for purposes of E.O. 12866.
Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act (5 U.S.C. 601-612),
the FSIS Administrator has examined the economic implications of the
rule and has determined that it will not have a significant impact on a
substantial number of small entities.
Executive Order 12988 Civil Justice Reform
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. Under this rule: (1) All State and local laws and
regulations that are inconsistent with this rule will be preempted; (2)
no retroactive effect will be given to this rule; and (3) no
retroactive proceedings will be required before parties may file suit
in court challenging this rule.
Executive Order 13175 Indian Tribal Governments
This rule has been reviewed in accordance with the requirements of
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments. The review reveals that this regulation will not have
substantial and direct effects on Tribal governments and will not have
significant Tribal implications.
Paperwork Reduction Act
This rule does not contain any new information collection or record
keeping requirements that are subject to the
[[Page 59622]]
Office of Management and Budget (OMB) approval under the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq.
E-Government Act
FSIS and USDA are committed to achieving the purposes of the E-
Government Act (44 U.S.C. 3601, et seq.) by, among other things,
promoting the use of the Internet and other information technologies
and providing increased opportunities for citizen access to government
information and services, and for other purposes.
Additional Public Notification
FSIS will announce this rule online through the FSIS Web page
located at http://www.fsis.usda.gov/wps/portal/fsis/topics/regulations/federal-register.
FSIS will also make copies of this Federal Register publication
available 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 constituents and
stakeholders. The Update is communicated via Listserv, a free
electronic mail subscription service for industry, trade groups,
consumer interest groups, health professionals, and other individuals
who have asked to be included. The Update is also available on the FSIS
Web page. In addition, FSIS offers an electronic mail subscription
service which provides automatic and customized access to selected food
safety news and information. This service is available at http://www.fsis.usda.gov/wps/portal/fsis/programs-and-services/email-subscription-service. Options range from recalls to export information
to regulations, directives, and notices. Customers can add or delete
subscriptions themselves, and have the option to password protect their
accounts.
USDA Nondiscrimination Statement
The U.S. Department of Agriculture (USDA) prohibits discrimination
in all its programs and activities on the basis of race, color,
national origin, gender, religion, age, disability, political beliefs,
sexual orientation, and marital or family status. (Not all prohibited
bases apply to all programs.)
Persons with disabilities who require alternative means for
communication of program information (Braille, large print, audiotape,
etc.) should contact USDA's Target Center at (202) 720-2600 (voice and
TTY).
To file a written complaint of discrimination, write USDA, Office
of the Assistant Secretary for Civil Rights, 1400 Independence Avenue
SW., Washington, DC 20250-9410 or call (202) 720-5964 (voice and TTY).
USDA is an equal opportunity provider and employer.
List of Subjects in 9 CFR Part 391
Fees and charges, Government employees, Meat inspection, Poultry
products.
Accordingly, 9 CFR part 391 is amended as follows:
PART 391--FEES AND CHARGES FOR INSPECTION SERVICES AND LABORATORY
ACCREDITATION
0
1. The authority citation for part 391 continues to read as follows:
Authority: 7 U.S.C. 138f; 7 U.S.C. 1622, 1627 and 2219a; 21
U.S.C. 451 et seq.; 21 U.S.C. 601-695; 7 CFR 2.18 and 2.53.
0
2. In Sec. 391.5, paragraph (a) is revised to read as follows:
Sec. 391.5 Laboratory accreditation fee.
(a) The annual fee for the initial accreditation and maintenance of
accreditation provided pursuant to Sec. 439.5 of this chapter shall be
$5,000.00.
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Done at Washington, DC, on: September 20, 2013.
Alfred V. Almanza,
Administrator.
[FR Doc. 2013-23505 Filed 9-26-13; 8:45 am]
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