[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]
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