[Federal Register Volume 59, Number 204 (Monday, October 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26336]
[[Page Unknown]]
[Federal Register: October 24, 1994]
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DEPARTMENT OF COMMERCE
[Docket No. 941091-4291; I.D. 092994B]
Inspection and Certification Fees and Charges
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of inspection fees.
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SUMMARY: NMFS announces changes in its fees and charges for voluntary
fishery products inspection, grading, and certification services. The
change in fees and charges represents an increase of 9.7 percent in the
basic hourly rates and includes a 2.6 percent salary increase and
varying locality pay increases expected in January 1995, as well as
increased fees for histamine, isoelectric focusing, and methylmercury
analyses. NMFS is establishing a separate rate for users of its Hazard
Analysis Critical Control Point (HACCP)-based service to accommodate
the specialized costs associated with providing this service. NMFS is
also informing the public of its intention to begin charging for
certain label review services later in fiscal year 1995.
EFFECTIVE DATE: October 1, 1994.
FOR FURTHER INFORMATION CONTACT: Richard V. Cano, Chief, Inspection
Services Division, 301-713-2355.
SUPPLEMENTARY INFORMATION: The Agricultural Marketing Act of 1946,
which authorizes the voluntary fishery products inspection, grading,
and certification program, mandates cost recovery for providing these
services. Reorganization Plan No. 4 of 1970 delegated these authorities
to NMFS. NMFS reviews and revises the rates to ensure cost recovery for
its services and publishes a document of fee changes in the Federal
Register. The document of February 4, 1994 (59 FR 5391), which
retroactively announced changes in fees and charges effective January
1, 1994, also stated that further changes were expected in October
1994. To coincide with the beginning of the fiscal year and to
facilitate budget management, changes in fees and charges set forth
below will be effective retroactively October 1, 1994, with the
intention to maintain them for the entire fiscal year. However,
circumstances that prevent or inhibit cost recovery during the year may
cause additional changes.
The new fees represent an increase of 9.7 percent in the basic
hourly rates and includes a 2.6 percent salary increase and varying
locality pay increases expected to occur in January 1995. Most of the
increase is required to recover increased labor, travel, and
transportation costs.
NMFS recognizes and appreciates any concern that may arise as a
result of the increase in fees and charges.
However, the mandate of the Agricultural Marketing Act of 1946 to
recover service costs is very clear.
A separate rate is being established for the HACCP-based service to
accommodate its specialized costs. A review of the costs associated
with providing this service, since its availability in July 1992,
showed that labor costs were higher than those of the other inspection
services. Specifically, the required specialized training and
complexity of duties (e.g., review of the HACCP plan, conduct of
validation and systems audits) require the skills of more highly
qualified inspectors who command higher salaries. Increased supervisory
oversight and the less predictable nature of the inspectors, schedules
also contributed to the higher costs of HACCP-based inspection. For
these reasons, a separate hourly rate is fair and appropriate. It
allows for the specific costs to be borne by the direct user rather
than increasing the financial burden to those not receiving the HACCP-
based service.
Users of in-plant (Type I) services are advised that NMFS will
begin charging for certain label reviews in fiscal year 1995. NMFS is
considering a mechanism to permit pre-approval on labels reviewed by
facilities that have demonstrated an adequate understanding of basic
labeling requirements and proper use of NMFS' marks. Charges for label
review will be assessed to those facilities not given preapproval
authority. The policy will be made available as soon as possible.
NMFS is restating its policy published in the Federal Register
document of February 4, 1994. That is, in addition to the hourly fee
charges, all users of voluntary inspection services 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 inspection program and the industry, will
provide added verification that the consumer receives safe, wholesome,
and properly labeled products. The details of the surveillance sampling
and billing procedures are available upon request.
Below is the schedule of fees effective October 1, 1994. Charges
for services provided in Alaska by NMFS inspectors will be at the rates
specified immediately below, plus cost of living allowances. The fees
outlined for the State of Alaska are for services provided by cross-
licensed State of Alaska inspectors. Unless otherwise determined by
NMFS, inspections conducted in the State of Alaska will be by cross-
licensed State of Alaska inspectors.
(a) Type I--In-plant inspection services:
------------------------------------------------------------------------
Non-HACCP contracts Per hour
------------------------------------------------------------------------
Regular (except Alaska)....................................... $39.95
Overtime (except Alaska)...................................... 59.93
Sunday and legal holidays (2 hrs. minimum) (except Alaska).... 79.90
------------------------------------------------------------------------
(1) The contracting party will be charged at an hourly rate of
$39.95 per hour for regular time;
(2) An hourly rate of $59.93 for overtime in excess of 8 hours per
shift per day; and
(3) An hourly rate of $79.90 for Sunday and national legal holidays
for services performed by inspectors at official establishment(s)
operating under Federal inspection.
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HACCP contracts Per hour
------------------------------------------------------------------------
Regular....................................................... $49.94
Overtime...................................................... 74.91
Sunday and legal holidays (2 hrs. minimum).................... 99.88
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(1) The contracting party will be charged at an hourly rate of
$49.94 per hour for regular time;
(2) An hourly rate of $74.91 for overtime in excess of 8 hours per
shift per day; and
(3) An hourly rate of $99.88 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 p.m. and before 6 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:
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Per hour
------------------------------------------------------------------------
Regular (except Alaska)....................................... $55.93
Overtime (except Alaska)...................................... 83.90
Sunday and legal holidays (2 hrs. minimum) (except Alaska).... 111.86
Minimum fee (except Alaska)................................... 41.95
------------------------------------------------------------------------
(1) For lot inspection services performed between the hours of 7
a.m. and 5 p.m., Monday through Friday--$55.93 per hour.
(2) For lot inspection services performed at times Monday through
Friday other than between 7 a.m. and 5 p.m., and on Saturdays (2 hrs.
minimum)--$83.90 per hour.
(3) Sunday and national legal holidays (2 hrs. minimum)--$111.86
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 $41.95.
(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)....................................... $49.94
Overtime (except Alaska)...................................... 74.91
Sunday and legal holidays (2 hrs. minimum) (except Alaska).... 99.88
Minimum fee (except Alaska)................................... 37.45
------------------------------------------------------------------------
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.
(1) For miscellaneous inspection and consultative services
performed between the hours of 7 a.m. and 5 p.m., Monday through
Friday--$49.94 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)--$74.91 per hour.
(3) For miscellaneous inspection and consultative services
performed on Sunday and national legal holidays (2 hrs. minimum)--
$99.88 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 $37.45.
(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]
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South East
Aleutian and South
Chain, Central Remainder
Bristol Anchorage, of Alaska,
Bay, Kenai, Kodiak
Dillingham Juneau,
Ketchikan
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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 48.55
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
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(e) Analytical services: Applicants requesting specific analyses to
be performed in a NMFS laboratory, or participants who are required to
have product analyzed periodically as part of the surveillance sampling
protocol identified previously, will be charged at the rates identified
below. Shipping costs for samples will also be assessed.
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........................ $100.00
Indole........................... $75.00
Ammonia.......................... $55.00
Sodium bisulfite................. $90.00
Isoelectric focusing (species $90.00
identification).
Methylmercury.................... $150.00
Chlorinated pesticides........... $250.00
Polychlorinated biphenyls........ $250.00
Domoic acid...................... $75.00
Bioassay:
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 $49.94 or separately established based on the
particular issues of the analyses involved.
All charges are per sample. An administrative surcharge of 20
percent of the total cost will continue to be assessed.
Classification
This action is taken under the authority of 50 CFR 260.70 and is
exempt from review under E.O. 12866.
Authority: 16 U.S.C. 742e and 7 U.S.C. 1622, 1624.
Dated: October 19, 1994.
Charles Karnella,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 94-26336 Filed 10-21-94; 8:45 am]
BILLING CODE 3510-22-P