[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]

Rules and Regulations
                                                Federal Register

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Federal Register / Vol. 78, No. 188 / Friday, September 27, 2013 / 
Rules and Regulations

[[Page 59621]]


Food Safety and Inspection Service

9 CFR Part 391

[Docket No. FSIS-2013-0026]

Extension of the Current Fees for the Accredited Laboratory 

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Interim final rule.


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.



    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 

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 

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 
    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 

    Accordingly, 9 CFR part 391 is amended as follows:


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.

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 
* * * * *

    Done at Washington, DC, on: September 20, 2013.
Alfred V. Almanza,
[FR Doc. 2013-23505 Filed 9-26-13; 8:45 am]