The Public Health Information System (PHIS) Export Component Fee

Published date29 April 2019
Record Number2019-08547
SectionNotices
CourtFood Safety And Inspection Service
Federal Register, Volume 84 Issue 82 (Monday, April 29, 2019)
[Federal Register Volume 84, Number 82 (Monday, April 29, 2019)]
                [Notices]
                [Pages 17999-18001]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-08547]
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                DEPARTMENT OF AGRICULTURE
                Food Safety and Inspection Service
                [Docket No. FSIS-2018-0039]
                The Public Health Information System (PHIS) Export Component Fee
                AGENCY: Food Safety and Inspection Service, USDA.
                ACTION: Notice.
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                SUMMARY: The Food Safety and Inspection Service (FSIS) is announcing
                that starting June 1, 2019, it will assess a fee to exporters that
                choose to apply for export certificates electronically through the
                export component of the Agency's Public Health Information System
                (PHIS). FSIS is only using the PHIS export component for a limited
                number of countries at this time.
                DATES: FSIS will charge the fee announced in this notice beginning June
                1, 2019.
                FOR FURTHER INFORMATION CONTACT: Roberta Wagner, Assistant
                Administrator, Office of Policy and Program Development; Telephone:
                (202) 205-0495.
                SUPPLEMENTARY INFORMATION:
                [[Page 18000]]
                Background
                 On June 29, 2016, the Food Safety and Inspection Service (FSIS)
                published the final rule, ``Electronic Export Application and
                Certification Charge; Flexibility in the Requirements for Export
                Inspection Marks, Devices, and Certificates; Egg Products Export
                Certification'' (81 FR 42225). The preamble to the final rule explained
                that FSIS would implement an electronic export application and
                certification system available through the Agency's PHIS export
                component. The electronic export application and certification process
                provides service options to U.S. exporters, enabling them to
                electronically submit, track, and manage their export applications. To
                cover the costs of providing this service, the final rule established a
                formula-based fee for electronic export applications.
                 The applicability date of the export application and certification
                provisions provided in the final rule was June 29, 2017. The final rule
                stated that, on an annual basis, the Agency would update the fee and
                publish the new fee in the Federal Register.
                 On September 4, 2017, FSIS published a Federal Register notice
                (FRN), ``Public Health Information System (PHIS) Export Component
                Country Implementation'' (FR 82 42056). The notice announced that, in
                response to stakeholder feedback and to ensure sufficient testing and
                outreach, the Agency extended the implementation date of the PHIS
                export component to June 29, 2018.
                 The Agency also announced that it would implement the PHIS export
                component with a limited number of foreign countries and would expand
                implementation to add countries incrementally. In addition, FSIS stated
                that it would assess the fee no sooner than January 1, 2019, and would
                recalculate the fee based on the best available estimates for costs and
                number of applications.
                 Under the authority of the Agricultural Marketing Act, FSIS will
                continue to make certifications regarding exported meat and poultry
                products meeting conditions or standards that are not imposed, or that
                are in addition to those imposed, by U.S. meat and poultry regulations,
                the Federal Meat Inspection Act (FMIA), or the Poultry Product
                Inspection Act (PPIA) (9 CFR 350.3(b) and 362.2(b)). FSIS collects fees
                and charges from establishments and facilities that request
                certification service in addition to the basic export certification of
                wholesomeness (9 CFR 350.7 and 362.5).
                Electronic Export Application Formula Update
                 As published in the final rule, the Electronic Export Application
                Fee Formula is:
                [GRAPHIC] [TIFF OMITTED] TN29AP19.000
                 To determine the June 2019 electronic export application fee, FSIS
                has updated the labor costs and IT costs in the formula numerator. FSIS
                stated in the 2016 final rule and the 2017 Federal Register notice that
                it would update and recalculate the fee based on the best available
                estimates for costs and number of applications; however, the number of
                export applications (the denominator in the formula) cannot be
                accurately assessed until a majority of countries are using the export
                component. The current number of export applications is an estimate
                based on a survey conducted by FSIS's Office of Field Operations in
                June 2013 (81 FR 42230) of the certificates issued, which likely is an
                overestimate of the number of export certificates that will be issued
                in Fiscal Year (FY) 2019 via the PHIS export component. The
                overestimate of the number of export applications results in an
                underestimate of the initial fee that will be assessed starting June 1,
                2019. Therefore, using the codified formula above, FSIS is updating the
                numerator. The denominator (the number of export applications) remains
                unchanged.
                 The 2019 Electronic Export Application Fee:
                 [GRAPHIC] [TIFF OMITTED] TN29AP19.001
                
                 The following discussion provides an explanation of the costs of
                providing the PHIS export component:
                 Technical Support Costs: As noted in the final export rule
                and September 2017 Federal Register notice, technical support costs
                consist of activities like resolving user problems with the electronic
                application services, identifying web browser compatibility issues, and
                resolving access issues to authorized areas of the system (FR 82
                42056). The updated total technical support cost estimate is
                $560,901.60, which includes total yearly cost for a Help Desk
                Specialist ($278,553.60); total yearly cost for one Tier III Support
                Business Analyst from FSIS' PHIS Support Services Contract for the
                export component ($141,174); and total yearly cost for one Tier III
                Senior Business
                [[Page 18001]]
                Analyst for the PHIS Production Version of the export component
                ($141,174).
                 Export Library Maintenance Cost: The cost for funding two
                full-time employees to provide export library functions is $337,369.
                Export library maintenance supports the PHIS export component and
                includes the writing, testing, and maintenance of complex business
                rules for evaluating the export application that is submitted into the
                PHIS export system. The business rules allow the system to determine
                product eligibility before the system accepts the application and
                transmits it to inspection program personnel. The business rules also
                facilitate the type of export certification required by the foreign
                government that will be issued when the application is accepted. This
                work supports the PHIS export component and is not part of current
                export library functions. In addition, there will be continuous updates
                to the system.
                 On-going Operations and Maintenance Costs: As noted in the
                final export rule and September 2017 Federal Register notice, the cost
                of providing on-going operations and maintenance covers activities,
                such as modifying the application based on changes in requirements or
                user needs; adding functionality based on foreign regulatory changes;
                upkeep of the system to ensure a secure operating environment that
                protects the data, improvements and necessary repairs to keep the
                system responsive to users' needs; and costs to operate the system's
                components (FR 82 42056). The updated Operations and Maintenance costs
                is $1,414,285.60, based on a fixed price contract for ongoing PHIS
                development, operations, and maintenance. This cost may increase in
                future years based on whether the Government Services Administration
                (GSA) schedule increases in labor rates and other factors.
                 eAuthentication costs: Consistent with the final export
                rule and September 2017 Federal Register notice, the cost of providing
                eAuthentication will remain zero when FSIS begins assessing the fee
                June 1, 2019. eAuthentication is a single sign-on application that
                allows users to securely access multiple USDA applications, including
                the PHIS export component. To access the PHIS export component users
                need to register for a USDA eAuthentication account. To learn more
                about eAuthentication and how to register for an account, visit https://www.eauth.usda.gov.
                E-Government Act
                 FSIS and the U.S. Department of Agriculture (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
                 Public awareness of all segments of rulemaking and policy
                development is important. Consequently, FSIS will announce this Federal
                Register publication and officially notify the World Trade
                Organization's Committee on Sanitary and Phytosanitary Measures (WTO/
                SPS Committee) in Geneva, Switzerland, of this proposal on-line through
                the FSIS web page located at: http://www.fsis.usda.gov/federal-register.
                 FSIS also will make copies of this 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 our constituents and
                stakeholders. Constituent Updates are available on the FSIS web page.
                Through the web page, FSIS is able to 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: http://www.fsis.usda.gov/subscribe. 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
                 No agency, officer, or employee of the USDA shall, on the grounds
                of race, color, national origin, religion, sex, gender identity, sexual
                orientation, disability, age, marital status, family/parental status,
                income derived from a public assistance program, or political beliefs,
                exclude from participation in, deny the benefits of, or subject to
                discrimination any person in the United States under any program or
                activity conducted by the USDA.
                How To File a Complaint of Discrimination
                 To file a complaint of discrimination, complete the USDA Program
                Discrimination Complaint Form, which may be accessed online at http://www.ocio.usda.gov/sites/default/files/docs/2012/Complain_combined_6_8_12.pdf, or write a letter signed by you or your
                authorized representative.
                 Send your completed complaint form or letter to USDA by mail, fax,
                or email:
                 Mail: U.S. Department of Agriculture, Director, Office of
                Adjudication, 1400 Independence Avenue SW, Washington, DC 20250-9410.
                 Fax: (202) 690-7442.
                 Email: [email protected].
                 Persons with disabilities who require alternative means for
                communication (Braille, large print, audiotape, etc.), should contact
                USDA's TARGET Center at (202) 720-2600 (voice and TDD).
                 Done at Washington, DC.
                Carmen M. Rottenberg,
                Administrator.
                [FR Doc. 2019-08547 Filed 4-26-19; 8:45 am]
                 BILLING CODE 3410-DM-P
                

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