[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.

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

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. 

------------------------------------------------------------------------
                       HACCP contracts                          Per hour
------------------------------------------------------------------------
Regular.......................................................    $49.94
Overtime......................................................     74.91
Sunday and legal holidays (2 hrs. minimum)....................     99.88
------------------------------------------------------------------------

    (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: 

------------------------------------------------------------------------
                                                                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]                                                   
----------------------------------------------------------------------------------------------------------------
                                                                                         South East             
                                                                             Aleutian    and South              
                                                                              Chain,      Central     Remainder 
                                                                             Bristol     Anchorage,   of Alaska,
                                                                               Bay,        Kenai,       Kodiak  
                                                                           Dillingham     Juneau,               
                                                                                         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        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 
----------------------------------------------------------------------------------------------------------------

    (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