[Federal Register Volume 59, Number 24 (Friday, February 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2595]


[[Page Unknown]]

[Federal Register: February 4, 1994]


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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 940111-4011; #I.D. 123093B]

 

Inspection and Certification Fees and Charges

agency: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

action: Notice of 1994 inspection fees.

-----------------------------------------------------------------------

summary: NMFS announces changes in its fees and charges, effective 
January 1, 1994. However, since the regulations are being amended to 
allow for review and revision of inspection fees and charges as needed, 
rather than annually as currently written, the identified fees and 
charges will apply until further notice. NMFS is anticipating no 
further changes in fees and charges until October 1994. The change in 
fees and charges represents an increase of 6.0 percent in the basic 
hourly rates and results from higher operating costs such as salaries, 
transportation, and supplies.

effective date: January 1, 1994.

for further information contact: Richard V. Cano, Chief, Inspection 
Services Division, National Marine Fisheries Service, Silver Spring, MD 
20910, Phone 301/713-2355.

supplementary information: Regulations at 50 CFR 260.70 authorize the 
Secretary of Commerce to review and revise annually the rates for 
voluntary fishery products inspection, grading, and certification 
services by publishing a notice of fee changes in the Federal Register. 
The regulations are being amended to allow for review and revision of 
inspection fees and charges as needed, rather than annually as 
currently written. Therefore, the identified fees and charges, 
effective January 1, 1994, will apply until further notice. NMFS is 
anticipating no further changes in fees and charges until October 1994. 
The change in fees and charges represents an increase of 6.0 percent in 
the basic hourly rates and results from higher operating costs such as 
salaries, transportation, and supplies.
    Below is the schedule of fees effective January 1, 1994. The fees 
outlined for the State of Alaska are for services provided by cross-
licensed State of Alaska inspectors. Charges for services provided in 
Alaska by NMFS inspectors will be at the rates specified immediately 
below, plus cost of living allowances.
    (a) Type I--Official establishment and product inspection--contract 
basis: 

------------------------------------------------------------------------
                                                                Per hour
------------------------------------------------------------------------
Regular (except Alaska).......................................    $36.40
Overtime (except Alaska)......................................     54.60
Sunday and legal holidays (2 hrs. minimum) (except Alaska)....     72.80
------------------------------------------------------------------------

    (1) The contracting party will be charged at an hourly rate of 
$36.40 per hour for regular time;
    (2) $54.60 per hour for overtime in excess of 8 hours per shift per 
day; and
    (3) $72.80 per hour for Sunday and national legal holidays for 
services performed by inspectors at official establishment(s) operating 
under Federal inspection.
    In addition to any hourly service charge, a night differential fee 
equal to 10 percent of the employee's hourly salary will be charged for 
each hour of service provided after 6:00 p.m. and before 6:00 a.m. The 
contracting party will be billed monthly for services rendered in 
accordance with contractual provisions at the rates prescribed in this 
section. Products designated in a contract will be inspected during 
processing at the hourly rate for regular time, plus overtime, when 
appropriate.
    (b) Type II--Lot inspection--Official and unofficially drawn 
samples: 

------------------------------------------------------------------------
                                                                Per hour
------------------------------------------------------------------------
Regular (except Alaska).......................................    $50.96
Overtime (except Alaska)......................................     76.44
Sunday and legal holidays (2 hrs. minimum) (except Alaska)....    101.92
Minimum fee (except Alaska)...................................     38.22
------------------------------------------------------------------------

    (1) For lot inspection services performed between the hours of 7:00 
a.m. and 5:00 p.m., Monday through Friday--$50.96 per hour.
    (2) For lot inspection services performed at times Monday through 
Friday other than between 7:00 a.m. and 5:00 p.m., and on Saturdays (2 
hrs. minimum)--$76.44 per hour.
    (3) Sunday and national legal holidays (2 hrs. minimum)--$101.92 
per hour.
    (4) The minimum service fee to be charged and collected for 
inspection of any lot or lots of products requiring less than 1 hour 
will be $38.22.
    (c) Type III--Miscellaneous inspection and consultative services.
    When any inspection or related service such as, but not limited to, 
initial and final establishment surveys, appeal inspections, contract 
lot inspections, sanitation evaluations, Sanitary Inspected Fish 
Establishment (SIFE) inspections, sampling, product evaluations, and 
label and product specification reviews, requires charges to which the 
foregoing sections are clearly inapplicable, charges will be based on 
the rates set forth below: 

------------------------------------------------------------------------
                                                                Per hour
------------------------------------------------------------------------
Regular (except Alaska).......................................    $45.50
Overtime (except Alaska)......................................     68.25
Sunday and legal holidays (2 hrs. minimum) (except Alaska)....     91.00
Minimum fee (except Alaska)...................................     34.13
------------------------------------------------------------------------

    In keeping with the intent of the authorizing legislation and the 
policies of the Inspection Program to charge fees to recover, as nearly 
as possible, the costs of providing inspection services, the hourly 
rates charged to contract lot inspection users who provide complete and 
acceptable facilities that are used by U.S. Department of Commerce 
(USDC) inspectors to conduct the necessary official contract functions 
will be those delineated under Type I. In all other cases, contract lot 
inspection users will be charged Type III rates.
    In addition to the hourly fee charges for inspection services, all 
users of voluntary seafood inspection services should note that charges 
will be assessed for sampling and laboratory analysis that will be 
performed randomly on a limited frequency, depending on the health risk 
of the end product to consumers. This sampling and analysis protocol, 
conducted as a surveillance mechanism of the NSIP and the industry, 
will provide added verification that the consumer receives safe 
products. The details of the surveillance sampling and billing 
procedures are available upon request.
    For current participants and interested parties in the Hazard 
Analysis Critical Control Point (HACCP) -based service, modifications 
in determining the charges for HACCP plan review have been completed 
and are available, as well as more specific program requirements for 
vessel, retail, and food service establishments.
    (1) For miscellaneous inspection and consultative services 
performed between the hours of 7 a.m. and 5 p.m., Monday through 
Friday--$45.50 per hour.
    (2) For miscellaneous inspection and consultative services 
performed Monday through Friday, other than between 7 a.m. and 5 p.m., 
and on Saturdays (2 hrs. minimum)--$68.25 per hour.
    (3) For miscellaneous inspection and consultative services 
performed on Sunday and national legal holidays (2 hrs. minimum)--
$91.00 per hour.
    (4) The minimum service fee to be charged and collected for 
miscellaneous inspection and consultative services requiring less than 
1 hour will be $34.13.
    (d) The hourly rates for the State of Alaska as performed by cross-
licensed State of Alaska inspectors are as follows:
    Charges for services provided in Alaska by NMFS inspectors will be 
at the rate stated previously, plus cost of living allowances. For Type 
I inspection, in addition to any hourly service charge, a night 
differential fee equal to 10 percent of the employee's hourly salary 
will be charged for each hour of service provided after 6 p.m. and 
before 6 a.m.

                          State of Alaska-Area                          
                               [Per hour]                               
------------------------------------------------------------------------
                                                   South east           
                                        Aleutian    and south           
                                          chain      central   Remainder
                                         Bristol   Anchorage,      of   
                                           Bay       Kenai,     Alaska, 
                                       Dillingham    Juneau,     Kodiak 
                                                   Ketchikan            
------------------------------------------------------------------------
Type I:                                                                 
  Regular time.......................     $49.45      $40.80      $43.70
  Overtime...........................      68.30       56.35       60.35
  Sunday and legal holidays..........      85.15       70.20       75.20
Type II:                                                                
  Regular time.......................      62.90       52.65       55.55
  Overtime...........................      86.75       74.85       78.90
  Sunday and legal holidays..........     113.75       96.40      102.15
  Minimum Fee........................      51.60       43.20       45.55
Type III:                                                               
  Regular time.......................      54.90       45.65       58.55
  Overtime...........................      73.05       61.25       65.60
  Sunday and legal holidays..........      93.95       78.65       85.00
  Minimum fee........................      48.90       40.65       43.70
------------------------------------------------------------------------

    (e) Analytical services: Applicants requesting specific analyses to 
be performed in a NMFS laboratory, or participants who are required to 
have product analyzed periodically, will be charged at the rates 
identified below. Sample shipping costs will be the responsibility of 
the applicant.
    Analyses performed in a private laboratory will be charged at the 
current rate of that laboratory. Charges based on these fees will be in 
addition to any hourly rates charged For lot, miscellaneous, and 
consultative inspection service, as well as to any hourly rates charged 
for inspection services provided under a contract.


Microbiology:                                                           
  Total aerobic plate count...........................  $16.00.         
  Total coliform......................................  $12.00.         
  Fecal coliform......................................  $12.00          
                                                         additional.    
  E. coli.............................................  $12.00          
                                                         additional.    
  Staph. aureus.......................................  $45.00.         
  Salmonella BAM Method Step 1........................  $33.00.         
    Step 2............................................  $15.00          
                                                         additional.    
    Step 3............................................  $22.00          
                                                         additional.    
  Listeria                                                              
    Presumptive.......................................  $23.00.         
    Confirmed.........................................  $35.00          
                                                         additional.    
Chemistry:                                                              
  Histamine...........................................  $90.00.         
  Indole..............................................  $75.00.         
  Ammonia.............................................  $55.00.         
  Sodium bisulfite....................................  $90.00.         
  Isoelectric focusing (species identification).......  $75.000.        
  Methylmercury.......................................  $90.00.         
  Chlorinated pesticides..............................  $250.00.        
  Polychlorinated biphenyls...........................  $250.00         
  Domoic acid.........................................  $75.00.         
Bioasay:                                                                
  Paralytic shellfish poison..........................  $85.00 per      
                                                         sample (minimum
                                                         of 3 samples). 
                                                                        

    Notes: The above costs are for analyses only. Sampling and 
travel time will be assessed using the Type II rates. Mileage costs 
will be assessed at the current rate. For other analyses not shown 
or not frequently requested, the charge will be assessed at the Type 
III hourly rate of $45.50.

    All charges are per sample. An administrative surcharge of 20 
percent of the total cost will also be assessed.
Classification
    This action is taken under the authority of 50 CFR 260.70.

(Authority: 16 U.S.C. 742e and 7 U.S.C. 1622, 1624)

    Dated: January 31, 1944.
Nancy Foster,
Deputy Assistant Administrator for Fisheries.
[FR Doc. 94-2595 Filed 2-3-94; 8:45 am]
BILLING CODE 3510-22-M