Fishery products, etc.: Inspection and certification fees and charges,
[Federal Register: December 15, 1998 (Volume 63, Number 240)]
[Rules and Regulations]
[Page 69021-69024]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15de98-12]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[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.
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
-
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
-
Type 2--Lot Inspection--Officially and Unofficially Drawn Samples
Regular time........................................
74.16
Overtime............................................
111.24
Sunday and legal holidays...........................
148.32
-
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:
-
Regular time--Services provided within the inspector's normal work schedule, Monday through Friday.
-
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. 98-33184Filed12-14-98; 8:45 am]
BILLING CODE 3510-22-P
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