[Federal Register Volume 87, Number 190 (Monday, October 3, 2022)]
[Notices]
[Pages 59780-59781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21393]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC384]


Adjustment of Fees for Seafood Inspection Services

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

ACTION: Notice of a revised fee schedule for seafood inspection 
services.

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

SUMMARY: The NMFS Seafood Inspection Program is notifying program 
participants of a revised fee schedule.

DATES: The revised fee schedule applies to services rendered as of 
November 1, 2022, until notified otherwise.

FOR FURTHER INFORMATION CONTACT: Steven Wilson, Office of International 
Affairs, Trade, and Commerce, 301-427-8350 or at 
[email protected].

[[Page 59781]]


SUPPLEMENTARY INFORMATION: The National Marine Fisheries Service (NMFS) 
operates a fee-for-service Seafood Inspection Program (Program) under 
the authorities of the Agricultural Marketing Act of 1946, as amended, 
the Fish and Wildlife Act of 1956, and the Reorganization Plan No. 4 of 
1970. The regulations implementing the Program are contained in 50 CFR 
part 260 and 261. The Program offers inspection, grading, and 
certification services, including the use of official quality grade 
marks, which indicate that specific products have been federally 
inspected. Those wishing to participate in the program must request the 
services and submit specific compliance information. Since 1992, NMFS 
implemented inspection services based on guidelines recommended by the 
National Academy of Sciences, known as Hazard Analysis Critical Control 
Point (HACCP).
    Under the implementing regulations for the Program, fees are 
reviewed at least annually to ascertain that the hourly fees charged 
are adequate to recover the costs of the services rendered. Any 
necessary adjustments to fees are made in accordance with the 
requirements of 50 CFR 260.81 and are notified to program participants 
as stipulated at 50 CFR 260.70. This Federal Register notice serves to 
inform program participants of an adjusted fee schedule, effective 
November 1, 2022.
    Program costs used for the calculation of user fees include all 
relevant direct and indirect costs to the program, and applicable 
administrative overhead and surcharges. Program fees must be set to 
promote full cost recovery of the program absent other appropriations.
    Program costs include all field operations, program administrative 
overhead, and management, and include expenses for labor for 
inspectors, facilities, information technology infrastructure, and 
other operational costs. The Program fees are set to recover those 
costs based on revenue projections from expected billable service hours 
and the number of certificate requests. Forecasts of demand for 
services use historical data on actual billed services that are 
adjusted annually for inflation, known events that might affect the 
predicted output of billable services, and seasonality of when 
forecasted services will take place throughout the year.
    The magnitude of the change to fees is larger than in previous rate 
increases. NOAA had sought to limit drastic and unpredictable changes 
to fees while industry operations were disrupted by the COVID 19 
pandemic and now is making adjustments in an effort to ensure full cost 
recovery, as nearly as possible, for the program for FY23. The fees for 
some services will remain unchanged or will change modestly based on 
the latest calculations of service costs, while other fees will 
increase more significantly than previous rate increases. We do not 
expect the program will need such significant fee increases in the 
future, assuming no unexpected changes in the demand for services.
    NMFS will adjust its fees as outlined in this notice, which will 
apply until notified otherwise. Fees will be charged to contract and 
non-contract customers requesting services as listed below. The cost of 
other applicable services rendered will be recovered through fee 
collection using the base rate of $238 per hour.
    NMFS will continue to monitor revenues and expenses and will use 
adaptive adjustments to react to changing levels of demand and 
expenses. Future fee changes will be announced if needed to promote 
full cost recovery and to ensure the level and structure of reasonable 
fees are consistent with the cost of the services rendered and in 
accordance with financial requirements. NMFS will also reduce fee 
levels if revenues are projected to exceed expenses, with the goal of 
recovering costs as nearly as possible.

Revised Fees and Charges for the U.S. Department of Commerce (USDC) 
Seafood Inspection Program

    Effective November 1, 2022, per hour fees and charges for fishery 
products inspection services will be as follows. The base contract and 
non-contract rates will increase by 45 percent from the current 
established rate and will apply until notified otherwise. The rate for 
certificate requests will be reduced by 2 percent based on current 
estimates of the cost of delivering the service. The rate for HACCP/QMP 
(Quality Management Program) contract services will decrease by 12 
percent based on current estimates of the cost of delivering the 
service. Any travel associated with a billable service will be an 
additional charge.

Contract Rates

    Regular time: Services provided during any 8-hour shift.
    Overtime: Services provided outside the inspector's normal work 
schedule.
    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. A 
guarantee of payment is required for all contracts equal to three 
months of service or $10,000, whichever is greater.

Non-Contract Rates

    Regular time: Services provided within the inspector's normal work 
schedule, Monday through Friday.
    Overtime: Services provided outside the inspector's normal work 
schedule.
    Any services under contract in excess of the contracted hours will 
be charged at the non-contract rate.

Contract Rates

Non-HACCP Contracts

Regular Time: $238.00
Overtime: $357.00
Sunday & Holidays: $476.00

HACCP/QMP Contracts

HACCP Regular: $238.00
HACCP Overtime: $357.00
HACCP Sunday & Holidays: $476.00

All Non-Contract Work Rates

Regular Time: $357.00
Overtime: $536.00
Sunday & Holidays: $714.00

Certificates

    All certificate requests, whether or not a product inspection was 
conducted, will be billed at a set flat rate of $97 per request.
    Additional information about, and applications for, Program 
services and fees may be obtained from NMFS (see FOR FURTHER 
INFORMATION CONTACT).

    Dated: September 28, 2022.
Alexa Cole,
Director, Office of International Affairs, Trade, and Commerce, 
National Marine Fisheries Service.
[FR Doc. 2022-21393 Filed 9-30-22; 8:45 am]
BILLING CODE 3510-22-P