Overtime and Holiday Inspection Fee Reductions for Small and Very Small Establishments

Citation86 FR 37276
Record Number2021-15011
Published date15 July 2021
SectionNotices
CourtFood Safety And Inspection Service
Federal Register, Volume 86 Issue 133 (Thursday, July 15, 2021)
[Federal Register Volume 86, Number 133 (Thursday, July 15, 2021)]
                [Notices]
                [Pages 37276-37280]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-15011]
                -----------------------------------------------------------------------
                DEPARTMENT OF AGRICULTURE
                Food Safety and Inspection Service
                [Docket No. FSIS-2021-0014]
                Overtime and Holiday Inspection Fee Reductions for Small and Very
                Small Establishments
                AGENCY: Food Safety and Inspection Service, USDA.
                ACTION: Notice.
                -----------------------------------------------------------------------
                SUMMARY: In the American Rescue Plan Act, enacted on March 11, 2021,
                Congress provided the Food Safety and Inspection Service (FSIS) with
                $100 million in budget authority to reduce the costs of overtime
                inspection for small and very small official meat and poultry
                establishments and egg products plants. FSIS will implement this
                provision by reducing overtime and holiday inspection fees for small
                establishments by 30 percent and very small establishments by 75
                percent. FSIS has developed an Overtime/Holiday Rate Reduction form
                that official establishments will need to submit to request an overtime
                or holiday inspection fee reduction. FSIS will review the form to
                determine whether an establishment qualifies for the fee reduction.
                This notice contains information on how to complete and submit the form
                to FSIS and describes the procedures FSIS will follow to implement the
                American Rescue Plan Act's overtime and holiday inspection fee
                reduction provisions.
                DATES: Establishments are encouraged to submit their completed
                Overtime/Holiday Rate Reduction forms by August 16, 2021 to expedite
                the process. However, establishments may submit their forms at any
                time. All establishments that submit their forms by March 11, 2022, and
                that qualify for a fee reduction, will receive a partial refund for
                overtime and holiday inspection fees paid since October 11, 2020, i.e.,
                the first day of the pay period after beginning of Fiscal Year 2021.
                ADDRESSES: Small and very small establishments should submit their
                completed forms to the FSIS inspection personnel assigned to their
                establishment or, alternatively, FAX the completed form to the
                appropriate FSIS District Office, ``Attention Grant Curator.'' Contact
                information for the FSIS District Offices, including FAX numbers, is
                available at: https://www.fsis.usda.gov/contactus/fsis-offices/office-field-operations-ofo.
                FOR FURTHER INFORMATION CONTACT: Rachel Edelstein, Assistant
                Administrator, Office of Policy and Program Development by telephone at
                (202) 205-0495.
                 For billing issues and to request refunds contact the Financial
                Service Center Customer Contact Center: (515) 334-2000 option 1 or
                email at [email protected].
                SUPPLEMENTARY INFORMATION:
                I. Background
                 The Federal Meat Inspection Act (FMIA) (21 U.S.C. 601 et seq.) and
                the Poultry Products Inspection Act (PPIA) (21 U.S.C. 451 et seq.)
                provide for mandatory Federal inspection of livestock and poultry
                slaughtered at official establishments and of meat (including
                Siluriformes) and poultry processed at official establishments. The Egg
                Products Inspection Act (EPIA) (21 U.S.C. 1031 et seq.) provides for
                mandatory inspection of egg products processed at official plants.
                Although firms that process egg products are defined as ``plants'' by
                the EPIA, when generally discussing businesses affected by the American
                Rescue Plan Act in this document, we will refer to them as
                ``establishments.'' Under the FMIA, PPIA, and EPIA, FSIS bears the cost
                of mandatory inspection provided during non-overtime and non-holiday
                hours of operation, while official meat, poultry and egg product
                establishments are required to pay for inspection services requested
                and performed on an overtime basis or on holidays (21 U.S.C. 468, 21
                U.S.C. 695, and 21 U.S.C. 1053)).
                 FSIS' regulations (9 CFR 391.3, 590.126, and 590.128) contain
                formulas for calculating fees for overtime and holiday inspection. FSIS
                uses these formulas and publishes annual rates in the Federal Register
                before the start of each calendar year (see 85 FR 79992). FSIS applies
                the rates on the first FSIS pay period at the beginning of the calendar
                year. The overtime and holiday fees apply to all establishments
                regardless of their size and average annual sales.
                 The overtime and holiday inspection fees for all establishments may
                have a disproportionate financial impact on small and very small
                establishments compared to large establishments that can more easily
                absorb the extra charges due to their production volume. Additionally,
                large establishments often operate a full second shift, giving them a
                total of 16 hours instead of 8 hours of inspection per day before they
                would have to pay for overtime. Higher production volume and operation
                of a second shift without additional cost for large establishments may
                put smaller establishments at a competitive disadvantage. The resulting
                additional cost per pound of product caused by overtime and holiday
                fees is much higher for smaller establishments. Thus, the full fees may
                hamper their ability to continue to operate, be competitive, and expand
                operations.
                II. Funding and Fee Reductions
                 In the American Rescue Plan Act of 2021 (Pub. L. 117-2, 135 Stat.
                242), Congress provided FSIS with $100 million in budget authority to
                reduce the costs of overtime inspection for federally-inspected small
                and very small meat, poultry, and egg products establishments. Under
                the American Rescue Plan Act, the definitions of ``small
                establishment'' and ``very small establishment'' have the meaning given
                to those terms in FSIS' final rule ``Pathogen Reduction; Hazard
                Analysis and Critical Control Point (HACCP)'' (PR/HACCP)(61 FR 38806,
                July 25, 1996). These definitions, and refinements for assessing the
                number of establishment employees and average annual sales that FSIS
                has made for purposes of implementing the overtime and holiday
                inspection fee reduction, are discussed in more detail in the
                ``Eligibility'' and ``Overtime/Holiday Rate Reduction form'' sections
                below.
                 Although the American Rescue Plan Act did not include specific
                amounts for the overtime and holiday fee reduction, in a March 15, 2021
                letter to Secretary
                [[Page 37277]]
                Vilsack, four members of Congress urged the Secretary to prioritize
                reducing overtime and holiday inspection fees for very small and small
                official establishments based off the provisions included in
                legislation introduced in the 116th Congress, the Small Packer Overtime
                and Holiday Fee Relief for COVID-19 Act of 2020.\1\ As noted in the
                letter, this proposed legislation would direct ``USDA-FSIS to reduce
                the fees charged to very small establishments by at least 75 percent
                and to small establishments by at least 30 percent.'' The Congressional
                representatives explained that these fee reductions are necessary to
                address the economic disincentives currently in place for small and
                very small official establishments to work longer hours. They also
                stated that these fee reductions would help to reduce the disparity
                between very small and small establishments versus large establishments
                that are able to avoid overtime inspection fees because they have the
                capacity to operate two full shifts.
                ---------------------------------------------------------------------------
                 \1\ March 15, 2021, letter to Secretary Vilsack available at:
                https://www.moran.senate.gov/public/_cache/files/0/f/0f4997fc-e4ad-4d6f-9ef4-b22ed44806b8/98F78F4F910F5AD3F9FC0F0F5269FA1C.small-packer-overtime-letter-to-vilsack-3.15.21.pdf.
                 H.R.6977--Small Packer Overtime and Holiday Fee Relief for
                COVID-19 Act of 2020 (116th Congress 2019-2020) available at:
                https://www.congress.gov/bill/116th-congress/house-bill/6977.
                 S-3797--Small Packer Overtime and Holiday Fee Relief for COVID-
                19 Act of 2020 (116th Congress 2019-2020 available at: https://www.congress.gov/bill/116th-congress/senate-bill/3797.
                ---------------------------------------------------------------------------
                 Because the FMIA, PPIA, and EPIA require that official
                establishments pay for overtime and holiday inspection, FSIS is
                obligated to charge small and very small establishments for these types
                of inspection services (21 U.S.C. 468, 21 U.S.C. 695, and 21 U.S.C.
                1053). Thus, providing a fee exemption to these establishments is not
                an option. Instead, FSIS will use the authority to reduce overtime and
                holiday inspection fees granted to the Agency by the American Rescue
                Plan Act to reduce overtime and holiday inspection fees for small
                establishments by 30 percent and very small establishments by 75
                percent. Consistent with the law, FSIS will offer overtime and holiday
                inspection at the reduced fees from FY 2021 to FY 2030, or until all
                appropriated funds for overtime and holiday inspection are expended.
                III. Eligibility
                 Only small and very small official meat, poultry, or egg products
                establishments are eligible to receive overtime and holiday inspection
                at the reduced rates discussed above. For purposes of determining
                eligibility, an official establishment is defined as any entity that
                slaughters livestock or poultry and/or processes meat, poultry, or egg
                products at which inspection is required by the FMIA, PPIA, or EPIA.
                Facilities that receive voluntary inspection services, establishments
                that function solely as Official Import Inspection Establishments, or
                solely as exporting facilities are not eligible for the fee reduction.
                 As noted above, under the American Rescue Plan Act, ``small
                establishment'' and ``very small establishment'' have the meaning given
                to those terms in FSIS' PR/HACCP final rule (see 61 FR 38806 and Pub.
                L. 117-2). As defined in the PR/HACCP final rule, an establishment is
                ``small'' if it has 10 or more but fewer than 500 employees, and an
                establishment is ``very small'' if it has fewer than 10 employees or
                less than $2.5 million in annual sales (61 FR 38806). Employees mean
                all individuals employed on a full-time, part-time, temporary, or other
                basis. The American Rescue Plan Act directs USDA to ``reduce the amount
                of overtime inspection costs borne by federally-inspected small and
                very small establishments engaged in meat, poultry, and egg product
                processing'' subject to the FMIA, PPIA, and EPIA, providing the
                Secretary with discretion to determine how to implement the reductions
                (American Rescue Plan Act of 2021, Sec. 1001(d)).
                 The Secretary has determined that Sec. 1001(d) forecloses USDA
                from offering overtime discounts to establishments that are not ``small
                establishments'' or ``very small establishments,'' as defined in the
                PR/HACCP final rule. But Congress did not specify how the overtime
                discounts should be divided among small and very small establishments.
                This leaves it to the Secretary's discretion to determine which
                individual establishments will receive the discounts. Because the Act
                grants the Secretary such broad discretion and because funds for
                reducing overtime and holiday inspection costs are limited, FSIS will
                apply the terms ``small establishment'' and ``very small
                establishment,'' as defined in the PR/HACCP final rule, so as to reduce
                overtime and holiday inspection fees only for small and very small
                establishments unaffiliated with multiple or large businesses in a way
                that would effectively place them within the large establishment
                definition. Otherwise, providing overtime and holiday inspection fee
                reductions to any establishment that simply meets the numerical
                definitions of ``very small'' and ``small'' in the PR/HACCP final rule
                would result in the diversion of some of the assistance funding to
                large businesses, depriving small and very small establishments of the
                maximum funding available. Therefore, an application of the PR/HACCP
                final rule business size categories that considers affiliation with
                multiple or large businesses is consistent with the intent of the
                relevant provisions of the American Rescue Plan Act, i.e., to assist
                very small and small businesses often disparately affected by the
                COVID-19 pandemic. The definition of an affiliated company and the
                method FSIS will use to assess the number of establishment employees
                and average annual sales for purposes of the fee reduction are
                discussed in more detail below.
                IV. Overtime/Holiday Rate Reduction Form
                 As noted above, FSIS has developed an Overtime/Holiday Rate
                Reduction form to collect information to determine whether an
                establishment inspected by FSIS qualifies for an overtime and holiday
                inspection fee reduction and, if so, the amount of the reduction. FSIS
                has developed this new form because the Agency currently does not have
                complete data on establishment size and average annual sales, and the
                form will allow the Agency to collect information to determine whether
                an establishment is a subsidiary, affiliate, or part of some other
                business structure that would prevent it from being eligible for a fee
                reduction. The form also serves as an attestation from the
                establishment that the data provided are accurate. The form is optional
                in that those small and very small establishments that do not use
                overtime or holiday inspection services, or that are not interested in
                receiving a fee reduction, are not required to complete it. However,
                small and very small official establishments that would like to request
                a fee reduction must complete the form to receive the benefit.
                 In addition to the definitions for ``official establishment'' and
                ``employees'' discussed above, the form includes definitions for
                ``affiliated companies'' and ``company'' for purposes of determining
                whether an official establishment qualifies for a fee reduction. For
                purposes of the form, companies are considered affiliated with each
                other when one controls the other or a third-party controls both. It
                does not matter whether control is exercised, so long as the power to
                control exists. For example, a corporate company that owns one or more
                establishments is affiliated with those
                [[Page 37278]]
                establishments, and the establishments are affiliated with the
                corporate company and each other. Affiliated companies can be domestic
                or foreign. Affiliated companies do not typically include entities that
                perform contracted administrative services, including human resource
                support and cleaning services, as defined by the Small Business
                Administration (SBA) in 13 CFR 121.103. For purposes of the form, a
                ``company'' is any organization or entity (including an establishment)
                that buys or sells good or services. A company may be organized in
                various forms, including partnerships and corporations, and can be
                privately held or publicly traded.
                 To complete the form, establishments must answer a series of
                questions designed to collect data on the total number of employees
                employed by the establishment and any affiliated companies, as well as
                the average annual sales for the establishment. As stated in the form,
                the number of employees is the average number of employees. The average
                is calculated by summing the number of employees at the end of each pay
                period over the preceding 52 weeks and dividing by the total number of
                pay periods. In addition, for purposes of the form, establishments
                should determine their annual average sales based on their sales over
                the past five years or, for establishments that have been in business
                for less than five years, on the number of years they have been in
                business. This is consistent with the SBA's regulations for calculating
                a business's annual receipts (13 CFR 121.104). Thus, under this
                approach, the average annual sales of an establishment that has been in
                business for five or more completed fiscal years means the
                establishment's total sales over its most recently completed five
                fiscal years divided by five. Establishments that have been in business
                fewer than five years should use the annual sales for their fully
                completed years in business divided by their number of fully completed
                fiscal years. Because FSIS intends to use data collected on the form to
                determine whether an official establishment is qualified for a rate
                reduction and the amount of the reduction, the establishment must also
                attest that data provided are accurate. Official establishments that
                are not affiliated with other companies will only need to report the
                number of employees employed by the establishment and whether the
                establishment's average annual sales are less than $2.5 million or $2.5
                million or more.
                 Establishments may obtain an Overtime/Holiday Rate Reduction form
                from the FSIS inspection personnel assigned to the establishment or may
                download and print the form from http://www.fsis.usda.gov/sites/default/files/2021-07/FSIS-5200-16-OvertimeHolidayRateReductionForm_v6-4re508.pdf. At this time, FSIS will only be accepting paper forms, but
                will work to provide for electronic submission in the future.
                Establishments should submit the completed paper form to the FSIS front
                line supervisor assigned to the establishment. The frontline supervisor
                will submit the completed form to the District Office for processing.
                Alternatively, establishments that prefer to submit the form themselves
                may FAX the completed form to the appropriate District Office,
                ``Attention Grant Curator.''
                 Submission dates and refunds. Establishments are encouraged to
                submit their completed Overtime/Holiday Rate Reduction forms as soon as
                possible but no later than August 16, 2021 to expedite the process. All
                establishments that submit their forms by March 11, 2022,\2\ and that
                qualify for a fee reduction will receive a partial refund for overtime
                and holiday inspection fees paid since October 11, 2020, i.e., the
                first day of the first pay period in fiscal year 2021. Establishments
                may request that FSIS provide the refund as a lump sum or as a credit
                to be applied to future overtime and holiday inspection fees. After
                March 11, 2022, FSIS will continue to reduce holiday and overtime
                inspection fees for establishments that qualify but will no longer
                provide partial refunds for fees paid since October 11, 2020.
                Establishments may submit a benefit eligibility form to request an
                overtime and holiday inspection fee reduction at any time. If the
                establishment qualifies for a fee reduction and submits its form after
                March 11, 2022, it will receive the reduction beginning on the date it
                submitted its benefit eligibility form, provided appropriated funds are
                still available. As noted above, FSIS will offer overtime and holiday
                inspection at the reduced rates from FY 2021 to FY 2030, or until all
                appropriated funds for overtime and holiday inspection are expended.
                ---------------------------------------------------------------------------
                 \2\ March 11, 2022 is one year from the date the American Rescue
                Plan Act was enacted: March 11, 2021.
                ---------------------------------------------------------------------------
                V. Determining Establishment Eligibility and Fee Reduction
                 After an establishment's completed Overtime/Holiday Rate Reduction
                form is received by the District Office, the District Office's Grant
                Curator will review the form to determine whether an official
                establishment is eligible for an overtime and holiday inspection fee
                reduction and, if so, whether the establishment qualifies for the small
                establishment or very small establishment reduced fee.
                 When reviewing an establishment's form, the Grant Curator will
                first assess the information to determine whether the establishment is
                affiliated with other companies, including other establishments. If the
                establishment is affiliated with other companies and the total number
                of employees employed by the establishment and its affiliated companies
                is less than 500, the establishment would qualify for an overtime and
                holiday inspection fee reduction. If the establishment together with
                its affiliated companies employ 500 or more employees, the
                establishment would not qualify for a fee reduction.
                 If an establishment qualifies for a fee reduction, the Grant
                Curator will conduct an additional review to determine if the
                establishment qualifies for the small establishment or very small
                establishment reduction rate. The amount of the fee reduction will be
                based on the number of employees or average annual sales for the
                establishment as a discrete entity without considering employees or
                average annual sales associated with any affiliated companies. Thus, if
                the establishment itself employs fewer than 10 employees or has less
                than $2.5 million in average annual sales, the establishment would
                qualify as a ``very small establishment'' for purposes of the fee
                reduction and would receive a 75 percent reduction on overtime and
                holiday inspection fees. The establishment would qualify for the ``very
                small establishment'' fee reduction even if the total number of
                employees employed by all affiliated companies is over 10, but less
                than 500, and if the average annual sales for all affiliated companies
                is greater than $2.5 million. If the establishment employs more than 10
                employees but fewer than 500 employees and its annual average sales are
                greater than $2.5 million, it would qualify as a ``small
                establishment'' for purposes of the fee reduction and would receive a
                30 percent reduction on overtime and holiday inspection fees. This
                approach will allow FSIS to maintain and update individual
                establishment HACCP size information in the Public Health Information
                System (PHIS), while also providing the greatest fee reductions to
                those establishments that would benefit the most. See Table 1 for an
                overview of applicant establishments that qualify
                [[Page 37279]]
                for a fee reduction and the amount of their reduction.
                 Table 1--Overtime and Holiday Inspection Rate Reduction: Eligibility and Fee Reduction
                --------------------------------------------------------------------------------------------------------------------------------------------------------
                 Applicant + affiliated Applicant + Applicant eligibility
                 Applicant average # of employees companies average # of Applicant HACCP size Applicant average affiliated companies for rate reduction/
                 employees in PHIS annual income average annual income percentage
                --------------------------------------------------------------------------------------------------------------------------------------------------------
                =10 and =10 and =10 and = 500................ VS.................... N/A.................. N/A.................. No.
                >=10 and =10 and =2.5 million........ Any.................. Yes/30%.
                >=10 and = 500................ VS.................... =10 and = 500................ S..................... >=2.5 million........ N/A.................. No.
                >= 500............................. >=500................. L..................... N/A.................. N/A.................. No.
                --------------------------------------------------------------------------------------------------------------------------------------------------------
                 Establishments that have questions regarding their eligibility for
                a fee reduction should contact their FSIS District Office. Contact
                information for the FSIS District Offices is available at: https://www.fsis.usda.gov/contactus/fsis-offices/office-field-operations-ofo.
                Fee Reduction Eligibility Renewal, New Establishments, and Change in
                Amount of Fee Reduction
                 At a set date every three years, FSIS will request that
                establishments receiving an overtime and holiday inspection fee
                reduction reaffirm their fee reduction eligibility through a
                notification to FSIS. FSIS will verify information provided by
                establishments to ensure that establishments remain eligible for the
                fee reduction. The first fee reduction renewal date will be June 30,
                2024, which will be effective the first full pay period (approximately
                two weeks) after July 1, 2024, and every three years after that. When
                it is time for establishments to renew their fee reduction eligibility,
                FSIS will include a reminder to reaffirm the Overtime/Holiday Rate
                Reduction in the establishment's account statement with instructions on
                how to submit the information to FSIS. The fee reduction eligibility
                forms also will continue to be available by request from FSIS
                inspection personnel and online. Establishments must reaffirm their
                status by the renewal date to continue to receive the fee reduction.
                Thus, for the first renewal date, if an establishment has not
                reaffirmed its eligibility for fee reduction by June 30, 2024, FSIS
                will begin billing the full overtime and holiday inspection rate on the
                next full pay period after July 1, 2024. If an establishment reaffirms
                its eligibility after the June 30, 2024, renewal date and continues to
                qualify for a fee reduction, FSIS will apply the fee reduction as soon
                as possible after the reaffirmation is received.
                 New establishments that apply for a grant of inspection before June
                30, 2024, and would like to request a holiday and overtime fee
                reduction should submit an Overtime/Holiday Rate Reduction form along
                with their application for a Federal grant of inspection. If the
                establishment qualifies for a fee reduction, FSIS will apply the fee
                reduction when it issues the establishment's grant of inspection. Such
                establishments also will need to reaffirm their fee reduction
                eligibility by the June 30, 2024, renewal date to continue to receive
                the fee reduction benefit.
                 An establishment that has a change that would affect its
                eligibility or the amount of its fee reduction, e.g., a small
                establishment has a reduction in employees or annual sales such that it
                qualifies as very small, must submit a new Overtime/Holiday Rate
                Reduction form to FSIS as close as possible to the time the change
                occurs so that the Agency may make the associated change to the
                establishment's fee reduction. FSIS also will apply any new fee
                reduction to qualified establishments as soon as possible after it is
                notified of the change. Establishments that submit forms attesting to a
                change in eligibility prior to June 30, 2024, will still be required to
                reaffirm their eligibility by the June 30, 2024 renewal date to
                continue to receive a fee reduction. Persons making false, fictitious,
                or fraudulent statements or entries on the form are subject to a
                $10,000 fine or imprisonment for not more than 5 years or both as
                prescribed by 18 U.S.C. 1001.
                Paperwork Reduction Act
                 In accordance with section 3507(d) of the Paperwork Reduction Act
                of 1995, the information collection or recordkeeping requirements
                included in this notice have been submitted for approval to OMB.
                 Title: Overtime and Holiday Inspection Fees for Small and Very
                Small Establishments.
                 Type of Request: Request for a new information collection.
                 Abstract: FSIS has been delegated the authority to exercise the
                functions of the Secretary (7 CFR 2.18, 2.53), as specified in the
                Federal Meat Inspection Act (FMIA) (21 U.S.C. 601, et seq.), the
                Poultry Products Inspection Act (PPIA) (21 U.S.C. 451, et seq.) and the
                Egg Products Inspection Act (EPIA) (21 U.S.C. 1031, et seq.). These
                statutes mandate that FSIS protect the public by verifying that meat,
                poultry, and egg products are safe, wholesome, unadulterated, and
                properly labeled and packaged.
                 Under this notice, FSIS intends to reduce overtime and holiday
                inspection fees for small and very small meat, poultry, and egg
                products establishments. FSIS will collect information on FSIS Form
                5200-16, Overtime/Holiday Rate Reduction Form, to determine whether an
                establishment inspected by FSIS qualifies for an overtime and holiday
                inspection fee reduction, and, if so, the amount of the reduction. If
                an establishment experiences any change in qualifying circumstances, it
                must notify FSIS by resubmitting the FSIS Form 5200-16, Overtime/
                Holiday Rate Reduction Form.
                 This is a request for a new information collection. FSIS has made
                the following estimates based upon an information collection
                assessment:
                 Estimate of burden: The public reporting burden for this collection
                of information is estimated to average 10 minutes per response.
                 Estimated total number of respondents: 3,944.
                 Estimated number of responses per respondent: 1-2.
                 Estimated annual number of responses: 3,944.
                 Estimated initial annual burden on respondents: 724 hours.
                [[Page 37280]]
                 Copies of this information collection assessment can be obtained
                from Gina Kouba, Office of Policy and Program Development, Food Safety
                and Inspection Service, USDA, 1400 Independence Avenue SW, Mailstop
                3758, South Building, Washington, DC 20250-3700; (202) 720-5627.
                Environmental Impact
                 Each USDA agency is required to comply with 7 CFR part 1b of the
                Departmental regulations, which supplements the National Environmental
                Policy Act regulations published by the Council on Environmental
                Quality. Under these regulations, actions of certain USDA agencies and
                agency units are categorically excluded from the preparation of an
                Environmental Assessment (EA) or an Environmental Impact Statement
                (EIS) unless the agency head determines that an action may have a
                significant environmental effect (7 CFR 1b.4 (b)). FSIS is among the
                agencies categorically excluded from the preparation of an EA or EIS (7
                CFR 1b.4 (b)(6)).
                 FSIS has determined that this notice, which describes how FSIS will
                implement the American Rescue Plan Act's small and very small
                establishment overtime and holiday inspection fee reduction, will not
                create any extraordinary circumstances that would result in this
                normally excluded action having a significant individual or cumulative
                effect on the human environment. Therefore, this action is
                appropriately subject to the categorical exclusion from the preparation
                of an environmental assessment or environmental impact statement
                provided under 7 CFR 1b.4(6) of the U.S. Department of Agriculture
                regulations.
                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 website located at:
                https://www.fsis.usda.gov/policy/federal-register-rulemaking.
                 FSIS will also announce and provide a link to this Federal Register
                publication 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 website. Through the website, FSIS can 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/news-events/news-press-releases/news-feeds-subscriptions. 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, the USDA, its Agencies, offices, and
                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.
                 Persons with disabilities who require alternative means of
                communication for program information (e.g., Braille, large print,
                audiotape, American Sign Language, etc.) should contact the responsible
                Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or
                contact USDA through the Federal Relay Service at (800) 877-8339.
                Additionally, program information may be made available in languages
                other than English.
                 To file a program discrimination complaint, complete the USDA
                Program Discrimination Complaint Form, AD-3027, found online at https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint and
                at any USDA office or write a letter addressed to USDA and provide in
                the letter all of the information requested in the form. To request a
                copy of the complaint form, call (866) 632-9992.
                 Submit your completed form or letter to USDA by: (1) Mail: USDA,
                Office of the Assistant Secretary for Civil Rights, 1400 Independence
                Avenue SW, Washington, DC 20250-9410; (2) fax: (202) 690-7442; or (3)
                email: [email protected]. USDA is an equal opportunity provider,
                employer, and lender.
                Paul Kiecker,
                Administrator.
                [FR Doc. 2021-15011 Filed 7-14-21; 8:45 am]
                BILLING CODE 3410-DM-P
                

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT