[Federal Register Volume 63, Number 240 (Tuesday, December 15, 1998)]
[Rules and Regulations]
[Pages 69021-69024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33184]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 260

[Docket No. 981023266-8266-01; I.D. 091598A]


Inspection and Certification Fees and Charges

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

ACTION: Notification 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. NMFS 
increased the basic fee for full-time in-plant inspection services by 
$1.95, making the hourly rate $46.35. The fees for NMFS laboratory 
services and inspection services conducted by the State of Alaska 
remain unchanged. It also includes a 3.6-percent base salary increase 
and varying locality pay increases effective January 1999. NMFS is 
continuing its separate fee structure for facilities with less than 
full-time contract services. This fee reflects increases in salary, 
general operating, and overhead costs that are charged by NMFS and 
NOAA.

DATES: These fee changes were effective on October 1, 1998.

FOR FURTHER INFORMATION CONTACT: Richard V. Cano, Chief, Seafood 
Inspection Division, 301-713-2355.

SUPPLEMENTARY INFORMATION: The Agricultural Marketing Act of 1946 (7 
U.S.C. 1621-1627) authorizes the voluntary fishery products inspection, 
grading, and certification program, as well as assessment and 
collection of such fees as will be reasonable and as nearly as may be 
to cover the cost of the service rendered. Reorganization Plan No. 4 of 
1970 delegated these authorities to NMFS. 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. NMFS' annual review

[[Page 69022]]

of the projected income and costs for its various services is the basis 
for determining the fees as set forth below.
    Effective October 1, 1998, the National Seafood Inspection Program 
(Program) increased the basic fee for full-time in-plant inspection 
services by $1.95, making the hourly rate $46.35. This fee reflects 
increases in salary, general operating, and overhead costs that are 
charged by NMFS and NOAA. The fees for NMFS laboratory services and 
inspection services conducted by the State of Alaska remain unchanged.
    The basic fee will continue to apply to establishments contracting 
for 40 hours of inspection service per week. However, to recover 
estimated additional costs associated with servicing contract 
establishments receiving less than full-time inspection services, the 
fee for establishments with Type 1 and Type 3 contracts from 25 to 39 
hours per week will be 5 percent above the basic fee; and for 
establishments with contracts less than 25 hours per week, the fee will 
be 10 percent above the basic fee.
    NMFS' annual analysis of the actual costs and projected revenue for 
Type 2 and Type 3 services indicates that these fees are determined by 
adding factors of 60 and 35 percent, respectively, to the Type 1 
service fee. Similarly, to ensure cost recovery, the fee for the Hazard 
Analysis Critical Control Point (HACCP)-based service is calculated by 
adding a factor of 65 percent to the Type 1 service fee. The 
regulations at 50 CFR Sec. 260.70 will be amended accordingly in a 
separate action.
    Users of in-plant (Type 1) services are again advised that the 
Program will charge for certain label reviews. There is 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 the Program's marks. Charges for label review will be 
assessed at the consultative rate to those facilities not given pre-
approval authority.
    The Program will continue to require that new users of inspection 
services, except label review services, that are not under contract 
prepay via certified check, money order, Master Card or VISA, or 
maintain a surety (bond or check) equivalent to 3 months of estimated 
inspection services. Current users not under contract that have a 
record of ``late'' or ``nonpayment'' of fees, as determined by each 
Regional Inspection Branch, will also be required to prepay or submit a 
surety. Prepayment is recommended for all non-contract users.
    Effective October 1, 1998, the fees and charges for Type 1, 2, and 
3 fishery products inspection services (except Alaska) are as follows:

------------------------------------------------------------------------
                                                             Per hour
------------------------------------------------------------------------
  a. Type 1--In-plant Inspection Services
 
Non-HACCP 40 Hr/Wk Contracts:
    Regular time........................................          $46.35
    Overtime............................................           69.53
    Sunday and legal holidays...........................           92.70
Non-HACCP 25-39 Hr/Wk Contracts:
    Regular time........................................           48.67
    Overtime............................................           73.00
    Sunday and legal holidays...........................           97.34
Non-HACCP <25 Hr/Wk Contracts:
    Regular time........................................           50.99
    Overtime............................................           76.48
    Sunday and legal holidays...........................          101.97
HACCP Contracts:
    Regular time........................................           76.48
    Overtime............................................          114.72
    Sunday and legal holidays...........................          152.96
 
   b. Type 2--Lot Inspection--Officially and Unofficially Drawn Samples
 
    Regular time........................................           74.16
    Overtime............................................          111.24
    Sunday and legal holidays...........................          148.32
 
  c. Type 3--Miscellaneous Inspection and Consultative Services
 
40 Hr/Wk Contracts:
    Regular time........................................           62.57
    Overtime............................................           93.86
    Sunday and legal holidays...........................          125.15
25-39 Hr/Wk Contracts:
    Regular time........................................           65.70
    Overtime............................................           98.55
    Sunday and legal holidays...........................          131.40
Under 25 Hr/Wk Contracts and Non-contract Consultative
 Services:
    Regular time........................................           68.83
    Overtime............................................          103.24
    Sunday and legal holidays...........................          137.66
------------------------------------------------------------------------

    The basis for determining the appropriate fee to be charged is as 
follows:
    a Type 1--In-plant inspection services:
    1 Regular time--Services provided during any 8-hour shift.
    2 Overtime--Services provided in excess of 8 hours per shift per 
day.
    In addition to any hourly service charge, a night differential fee 
of $2.25 per hour will be charged for each hour of service provided 
after 6 p.m. and before 6 a.m. Similarly, a Sunday differential fee of 
$5.75 per hour will be charged for each hour of service provided 
between midnight Saturday and midnight Sunday. A cost of living 
allowance (COLA) fee of $2.25 per hour will be charged for services in 
Puerto

[[Page 69023]]

Rico; $5.75 per hour will be charged for services in American Samoa and 
Alaska.
    b.Type 2 and 3--Lot inspection and miscellaneous services:
    1. Regular time--Services provided within the inspector's normal 
work schedule, Monday through Friday.
    2. Overtime--Services provided outside the inspector's normal work 
schedule, Monday through Friday, and on Saturday.
    It is the intent of the authorizing legislation and the policy of 
the Program to charge fees to recover, as nearly as possible, the costs 
of providing inspection services. Therefore, the hourly rates charged 
to contract lot inspection users who provide complete and acceptable 
inspection facilities will be those delineated under Type 1. In all 
other cases, contract lot inspection users will be charged Type 3 
rates.

Analytical Services

    Analyses performed in a private laboratory will be charged at the 
current rate of that laboratory. Shipping costs for samples will also 
be assessed. 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. Applicants requesting 
specific analyses to be performed in a NMFS laboratory will be charged 
at the following rates:

------------------------------------------------------------------------
                                                    Per analysis
------------------------------------------------------------------------
               Microbiology
 
Total aerobic plate count.................  $19.00.
Presumptive coliform......................  15.00.
Confirmed total/fecal coliforms...........  15.00 additional.
E. coli...................................  15.00 additional.
Staph. aureus.............................  54.00.
Salmonella BAM/ARS/TECRA Method:
    Step 1................................  40.00.
    Step 2................................  18.00 additional.
    Step 3................................  26.00 additional.
Listeria
    Presumptive...........................  28.00.
    Confirmed.............................  42.00.
 
                 Chemistry
 
Histamine.................................  120.00.
Indole....................................  90.00.
Ammonia...................................  66.00.
Sodium Bisulfite..........................  108.00.
Isoelectric Focusing (Species               108.00.
 Identification).
Methylmercury.............................  225.00.
Chlorinated pesticides....................  300.00.
Polychlorinated biphenyls.................  300.00.
Domoic acid...............................  90.00.
 
                 Bioassay
 
Paralytic Shellfish Poison (minimum of 3    150.00 per sample.
 samples).
------------------------------------------------------------------------

Notes on Analytical Services

    Sampling time and travel time where applicable will be assessed 
using the Type 2 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 3 hourly rate of $68.83 (2-hour 
minimum) or separately established based on the particular issues of 
the case involved. All charges are per sample.
    Charges for services provided in Alaska by NMFS Inspectors will be 
at the rates specified above, plus cost of living allowances.
    The following rates for the State of Alaska are for services 
provided by cross-licensed State of Alaska inspectors. The rates 
charged in the State of Alaska are subject to change based on 
information supplied by the Alaska Department of Environmental 
Conservation.

                                                 State of Alaska
----------------------------------------------------------------------------------------------------------------
                                                                                   Southeast and
                                                                     Aleutian     South Central,   Remainder of
                                                                  Chain, Bristol    Anchorage,        Alaska,
                                                                       Bay,       Kenai, Juneau,     including
                                                                    Dillingham       Ketchikan        Kodiak
----------------------------------------------------------------------------------------------------------------
                             Type 1                                  Per hour        Per Hour        Per Hour
 
Non-HACCP:
    Regular Time................................................          $55.88          $46.10          $49.38
    Overtime....................................................           83.82           69.15           74.07
    Sunday/Holiday..............................................          111.76           92.20           98.76
HACCP:
    Regular Time................................................           83.82           69.15           74.07
    Overtime....................................................          125.75          103.73          111.05
    Sunday/Holiday..............................................          167.64          138.30          148.14
 

[[Page 69024]]

 
                             Type 2
 
    Regular Time................................................           95.00           78.37           83.95
    Overtime....................................................          142.50          117.56          125.92
    Sunday/Holiday..............................................          190.00          156.74          167.90
 
                             Type 3
 
    Regular Time................................................           83.82           69.15           74.07
    Overtime....................................................          125.73          103.73          111.11
    Sunday/Holiday..............................................          167.64          138.03          148.14
----------------------------------------------------------------------------------------------------------------

Classification

    This action is taken under the authority of 50 CFR 260.70 and has 
been determined to be not significant for purposes of E.O. 12866.

Regulatory Flexibility Act Analysis

    The provisions of the Administrative Procedure Act (5 U.S.C. 553) 
requiring notice of proposed rulemaking, the opportunity for public 
participation, and delayed effectiveness are inapplicable because this 
rule falls within the proprietary exception of subparagraph (a)(2) of 
section 553. Further, no other law requires that a notice of proposed 
rulemaking and an opportunity for public comment be given for this 
rule. Because a notice of proposed rulemaking and an opportunity for 
public comment are not required to be given for this rule under 5 
U.S.C. 553 or by any other law, the requirements of the Regulatory 
Flexibility Act (5 U.S.C. 601 et. seq.) are not applicable.

Paperwork Reduction Act of 1980

    These regulations will impose no information collection 
requirements subject to the Paperwork Reduction Act of 1980.

Executive Order 12612

    This rule does not contain policies with sufficient Federalism 
implications to warrant preparation of a Federalism assessment under 
E.O. 12612.

List of Subjects in 50 CFR Part 260

    Fees, Food grades and standards, Food labeling, Inspection, 
Seafood.

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

    Dated: December 4, 1998.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 98-33184 Filed 12-14-98; 8:45 am]
BILLING CODE 3510-22-P