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Notice

Fiscal Year 2005 Reimbursable Overtime Rates and Veterinary Diagnostic Service User Fees

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AGENCY:

Animal and Plant Health Inspection Service, USDA.

ACTION:

Notice.

SUMMARY:

This notice pertains to reimbursable overtime charged for Sunday, holiday, or other overtime work performed in connection with the inspection, laboratory testing, certification, or quarantine of certain articles and to user fees for certain veterinary diagnostic services. The purpose of this notice is to remind the public of the reimbursable overtime charges and user fees for fiscal year 2005 (October 1, 2004, through September 30, 2005).

Start Further Info

FOR FURTHER INFORMATION CONTACT:

For information concerning reimbursable overtime charges related to Plant Protection and Quarantine program operations, contact Mr. Michael Caporaletti, Senior Program Analyst, Quarantine Policy Analysis and Support, PPQ, APHIS, 4700 River Road Unit 60, Riverdale, MD 20737-1231; (301) 734-5781.

For information concerning reimbursable overtime charges related to animal programs and Veterinary Services import and export program operations, contact Dr. Lee Ann Thomas, Director, National Center for Import and Export, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231; (301) 734-3277.

For information concerning veterinary diagnostic program operations, contact Dr. Randall Levings, Director, National Veterinary Services Laboratories, 1800 Daton Road, P.O. Box 844, Ames, IA 50010; (515) 663-7357.

For information concerning user fee rate development, contact Mrs. Kris Caraher, User Fees Section Head, Financial Systems and Services Branch, APHIS, 4700 River Road Unit 54, Riverdale, MD 20737-1232; (301) 734-5901.

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SUPPLEMENTARY INFORMATION:

Note:

In March 2003, the agricultural import and entry inspection activities that had been performed by employees of the Animal and Plant Health Inspection Service (APHIS) were transferred to the Department of Homeland Security (DHS). The regulations cited in this notice have not yet been updated to reflect this change, so in the interests of consistency with those regulations this notice continues to refer to “APHIS employees” and services provided or work performed by APHIS employees. Readers should be aware, however, that DHS personnel are currently performing certain of the agricultural import and entry inspection activities discussed in this notice for which overtime charges or user fees are applicable.

Reimbursable Overtime Charges

The regulations in 7 CFR chapter III and 9 CFR chapter I, subchapters D and G, require inspection, laboratory testing, certification, or quarantine of certain animals, poultry, animal byproducts, germ plasm, organisms, vectors, plants, plant products, or other regulated commodities or articles intended for importation into, or exportation from, the United States. With some exceptions, when these services must be provided by an APHIS employee on a Sunday or on a holiday, or at any other time outside the APHIS employee's regular duty hours, the Government charges an hourly overtime fee for the services in accordance with 7 CFR part 354 and 9 CFR part 97.

In a final rule published in the Federal Register on July 25, 2002 (67 FR 48519-48525, Docket No. 00-087-2), and effective August 11, 2002, we established, for the fiscal years 2002 through 2006 and beyond, reimbursable overtime rates for Sunday, holiday, or other overtime work performed by APHIS employees for any person, firm, or corporation having ownership, custody, or control of animals, poultry, animal byproducts, germ plasm, organisms, vectors, plants, plant products, or other regulated commodities or articles subject to inspection, laboratory testing, certification, or quarantine. In this document we are providing notice to the public of the reimbursable overtime fees for fiscal year 2005 (October 1, 2004, through September 30, 2005).

Under the regulations in 7 CFR 354.1(a) and 9 CFR 97.1(a), any person, firm, or corporation having ownership, custody or control of plants, plant products, animals, animal byproducts, or other commodities or articles subject to inspection, laboratory testing, certification, or quarantine who requires the services of an APHIS employee on a Sunday or holiday, or at any other time outside the regular tour of duty of that employee, shall sufficiently in advance of the period of Sunday, holiday, or overtime service request the APHIS inspector in charge to furnish the service during the overtime or Sunday or holiday period, and shall, for fiscal year 2005, pay the Government at the rate listed in the following table:

Overtime for Inspection, Laboratory Testing, Certification, or Quarantine of Plants, Plant Products, Animals, Animal Products, or Other Regulated Commodities

Outside the employee's normal tour of dutyOvertime rates (per hour) Oct. 1, 2004-Sept. 30, 2005
Monday through Saturday and holidays$49.00
Sundays65.00

As specified in 7 CFR 354.1(a)(1)(iii) and 9 CFR 97.1(a)(3), the overtime rates to be charged in fiscal year 2005 to owners and operators of aircraft at airports of entry or other places of inspection as a consequence of the operation of the aircraft, for work performed outside of the regularly established hours of service will be as follows:

Overtime for Commercial Airline Inspection Services1

Outside the employee's normal tour of dutyOvertime rates (per hour) Oct. 1, 2004-Sept. 30, 2005
Monday through Saturday and holidays$40.00
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Sundays53.00
1 These charges exclude administrative overhead costs.

A minimum charge of 2 hours shall be made for any Sunday or holiday or unscheduled overtime duty performed by an employee on a day when no work was scheduled for him or her, or which is performed by an employee on his or her regular workday beginning either at least 1 hour before his or her scheduled tour of duty or which is not in direct continuation of the employee's regular tour of duty. In addition, each such period of Sunday or holiday or unscheduled overtime work to which the 2-hour minimum charge provision applies may include a commuted traveltime period (see 7 CFR 354.1(a)(2) and 9 CFR 97.1(b)).

Veterinary Diagnostic Services User Fees

User fees to reimburse APHIS for the costs of providing veterinary diagnostic services are contained in 9 CFR part 130 (referred to below as the regulations). These user fees are authorized by section 2509(c) of the Food, Agriculture, Conservation and Trade Act of 1990, as amended (21 U.S.C. 136a), which provides that the Secretary of Agriculture may, among other things, prescribe regulations and collect fees to recover the costs of veterinary diagnostics relating to the control and eradication of communicable disease of livestock or poultry within the United States.

In a final rule published in the Federal Register on May 6, 2004 (68 FR 25305-25312, Docket No. 00-024-2), and effective June 7, 2004, we established, for the fiscal years 2004 through 2007 and beyond, user fees for certain veterinary diagnostic services, including certain diagnostic tests, reagents, and other veterinary diagnostic materials and services. Veterinary diagnostics is the work performed in a laboratory to determine if a disease-causing organism or chemical agent is present in body tissues or cells and, if so, to identify those organisms or agents. Services in this category include: (1) Performing identification, serology, and pathobiology tests and providing diagnostic reagents and other veterinary diagnostic materials and services at the National Veterinary Services Laboratories (NVSL) in Ames, IA; and (2) performing laboratory tests and providing diagnostic reagents and other veterinary diagnostic materials and services at the NVSL Foreign Animal Disease Diagnostic Laboratory (NVSL FADDL) in Greenport, NY.

APHIS veterinary diagnostic user fees fall into six categories:

(1) Laboratory tests, reagents, and other veterinary diagnostic services performed at NVSL FADDL;

(2) Laboratory tests performed as part of isolation and identification testing at NVSL in Ames;

(3) Laboratory tests performed as part of serology testing at NVSL in Ames;

(4) Laboratory tests performed at the pathobiology laboratory at NVSL in Ames;

(5) Diagnostic reagents produced at NVSL in Ames or other authorized sites; and

(6) Other veterinary diagnostic services or materials provided at NVSL in Ames.

As specified in § 130.14(a), the user fees for diagnostic reagents provided by NVSL FADDL for fiscal year 2005 are as follows:

ReagentUnitUser fee
Bovine antiserum, any agent1 mL$155.00
Caprine antiserum, any agent1 mL189.00
Cell culture antigen/microorganism1 mL106.00
Equine antiserum, any agent1 mL192.00
Fluorescent antibody conjugate1 mL172.00
Guinea pig antiserum, any agent1 mL189.00
Monoclonal antibody1 mL229.00
Ovine antiserum, any agent1 mL181.00
Porcine antiserum, any agent1 mL157.00
Rabbit antiserum, any agent1 mL185.00

As specified in § 130.14(b), the user fees for veterinary diagnostic tests performed at NVSL FADDL for fiscal year 2005 are as follows:

TestUnitUser fee
Agar gel immunodiffusionTest$31.00
CardTest17.00
Complement fixationTest37.00
Direct immunofluorescent antibodyTest23.00
Enzyme linked immunosorbent assayTest27.00
Fluorescent antibody neutralization (classical swine fever)Test201.00
Hemagglutination inhibitionTest59.00
ImmunoperoxidaseTest30.00
Indirect fluorescent antibodyTest36.00
In-vitro safetyTest589.00
In-vivo safetyTest5,387.00
Latex agglutinationTest24.00
Tube agglutinationTest28.00
Virus isolation (oesophageal/pharyngeal)Test186.00
Virus isolation in embryonated eggsTest358.00
Virus isolation, otherTest160.00
Virus neutralizationTest54.00

As specified in § 130.14(c), the user fees for other veterinary diagnostic services performed at NVSL FADDL for fiscal year 2005 are as follows:

Veterinary diagnostic serviceUnitUser fee
Bacterial isolationTest$115.00
Hourly user fee services 1Hour460.00
Hourly user fee services—Quarter hourQuarter hour115.00
Infected cells on chamber slides or platesSlide50.00
Reference animal tissues for immunohistochemistrySet177.00
Sterilization by gamma radiationCan1,799.00
Training (school or technical assistance)Per person per day941.00
Virus titrationTest115.00
1 For all veterinary diagnostic services for which there is no flat rate user fee, the hourly rate user fee will be calculated for the actual time required to provide the service.
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As specified in § 130.15(a), the user fees for bacteriology isolation and identification tests performed at NVSL (excluding FADDL) or other authorized sites for fiscal year 2005 are as follows:

TestUnitUser fee
Bacterial identification, automatedIsolate$50.00
Bacterial identification, non-automatedIsolate84.00
Bacterial isolationSample34.00
Bacterial serotyping, all otherIsolate52.00
Bacterial serotyping, Pasteurella multocidaIsolate17.00
Bacterial serotyping, SalmonellaIsolate34.00
Bacterial toxin typingIsolate112.00
Bacteriology requiring special characterizationTest86.00
DNA fingerprintingTest56.00
DNA/RNA probeTest79.00
Fluorescent antibodyTest17.00
Mycobacterium identification (biochemical)Isolate107.00
Mycobacterium identification (gas chromatography)Procedure90.00
Mycobacterium isolation, animal inoculationsSubmission791.00
Mycobacterium isolation, all otherSubmission141.00
Mycobacterium paratuberculosis isolationSubmission67.00
Phage typing, all otherIsolate39.00
Phage typing, Salmonella enteritidisIsolate22.00

As specified in § 130.15(b), the user fees for virology identification tests performed at NVSL (excluding FADDL) or other authorized sites for fiscal year 2005 are as follows:

TestUnitUser fee
Fluorescent antibody tissue sectionTest$27.00
Virus isolationTest45.00

As specified in § 130.16(a), the user fees for bacteriology serology tests performed at NVSL (excluding FADDL) or other authorized sites for fiscal year 2005 are as follows:

TestUnitUser fee
Brucella ring (BRT)Test$34.00
Brucella ring, heat inactivated (HIRT)Test34.00
Brucella ring, serial (Serial BRT)Test51.00
Buffered acidified plate antigen presumptiveTest7.00
CardTest4.00
Complement fixationTest15.00
Enzyme linked immunosorbent assayTest15.00
Indirect fluorescent antibodyTest13.00
Microscopic agglutination—includes up to 5 serovarsSample22.00
Microscopic agglutination—each serovar in excess of 5 serovarsSample4.00
Particle concentration fluorescent immunoassay (PCFIA)Test34.00
PlateTest7.00
Rapid automated presumptiveTest6.00
RivanolTest7.00
Tube agglutinationTest7.00

As specified in § 130.16(b), the user fees for virology serology tests performed at NVSL (excluding FADDL) or at authorized sites for fiscal year 2005 are as follows:

TestUnitUser fee
Agar gel immunodiffusionTest$15.00
Complement fixationTest15.00
Enzyme linked immunosorbent assayTest15.00
Hemagglutination inhibitionTest13.00
Indirect fluorescent antibodyTest13.00
Latex agglutinationTest15.00
Peroxidase linked antibodyTest14.00
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Plaque reduction neutralizationTest17.00
Rabies fluorescent antibody neutralizationTest42.00
Virus neutralizationTest12.00

As specified in § 130.17(a), the user fees for veterinary diagnostic tests performed at the Pathobiology Laboratory at NVSL (excluding FADDL) or at authorized sites for fiscal year 2005 are as follows:

TestUnitUser fee
Aflatoxin quantitationTest$28.00
Aflatoxin screenTest27.00
Agar gel immunodiffusion spp. identificationTest12.00
Antibiotic (bioautography) quantitationTest61.00
Antibiotic (bioautography) screenTest112.00
Antibiotic inhibitionTest61.00
ArsenicTest16.00
Ergot alkaloid screenTest61.00
Ergot alkaloid confirmationTest80.00
Feed microscopyTest61.00
Fumonisin onlyTest35.00
GossypolTest92.00
MercuryTest135.00
Metals screenTest41.00
Metals single element confirmationTest12.00
Mycotoxin: aflatoxin—liverTest112.00
Mycotoxin screenTest44.00
Nitrate/nitriteTest61.00
Organic compound confirmationTest82.00
Organic compound screenTest141.00
ParasitologyTest27.00
Pesticide quantitationTest123.00
Pesticide screenTest56.00
pHTest25.00
Plate cylinderTest92.00
SeleniumTest41.00
Silicate/carbonate disinfectantTest61.00
Temperature disksTest122.00
Toxicant quantitation, otherTest103.00
Toxicant screen, otherTest31.00
Vomitoxin onlyTest49.00
Water activityTest31.00
Zearaleone quantitationTest49.00
Zearaleone screenTest27.00

As specified in § 130.18(a), the user fees for bacteriology reagents produced by the Diagnostic Bacteriology Laboratory at NVSL (excluding FADDL) or other authorized sites for fiscal year 2005 are as follows:

ReagentUnitUser fee
Anaplasma card test antigen2 mL$89.00
Anaplasma card test kit without antigenKit119.00
Anaplasma CF antigen2 mL46.00
Anaplasma stabilate4.5 mL165.00
Avian origin bacterial antiserums1 mL44.00
Bacterial agglutinating antigens other than brucella and salmonella pullorum5 mL51.00
Bacterial conjugates1 mL90.00
Bacterial disease CF antigens, all other1 mL27.00
Bacterial ELISA antigens1 mL27.00
Bacterial or protozoal, antiserums, all other1 mL56.00
Bacterial reagent culture 1Culture68.00
Bacterial reference culture 2Culture213.00
Bacteriophage reference cultureCulture161.00
Bovine serum factor1 mL17.00
Brucella abortus CF antigen60 mL141.00
Brucella agglutination antigens, all other60 mL141.00
Brucella buffered plate antigen60 mL161.00
Brucella canis tube antigen25 mL105.00
Brucella card test antigen (packaged)Package84.00
Brucella card test kit without antigenKit109.00
Brucella cellsGram17.00
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Brucella cells, driedPellet5.00
Brucella ring test antigen60 mL225.00
Brucella rivanol solution60 mL27.00
Dourine CF antigen1 mL84.00
Dourine stabilate4.5 mL105.00
Equine and bovine origin babesia species antiserums1 mL119.00
Equine negative control CF antigen1 mL272.00
Flazo-orange3 mL12.00
Glanders CF antigen1 mL73.00
Hemoparasitic disease CF antigens, all other1 mL505.00
Leptospira transport medium10 mL4.00
Monoclonal antibody1 mL90.00
Mycobacterium spp. old tuberculin1 mL22.00
Mycobacterium spp. PPD1 mL17.00
Mycoplasma hemagglutination antigens5 mL168.00
Negative control serums1 mL17.00
Rabbit origin bacterial antiserum1 mL48.00
Salmonella pullorum microagglutination antigen5 mL14.00
Stabilates, all other4.5 mL640.00
1 A reagent culture is a bacterial culture that has been subcultured one or more times after being tested for purity and identity. It is intended for use as a reagent with a diagnostic test such as the leptospiral microagglutination test.
2 A reference culture is a bacterial culture that has been thoroughly tested for purity and identity. It should be suitable as a master seed for future cultures.

As specified in § 130.18(b), the user fees for virology reagents produced by the Diagnostic Virology Laboratory at NVSL (excluding FADDL) or at authorized sites for fiscal year 2005 are as follows:

ReagentUnitUser fee
Antigen, except avian influenza and chlamydia psittaci antigens, any2 mL$57.00
Avian antiserum except avian influenza antiserum, any2 mL45.00
Avian influenza antigen, any2 mL31.00
Avian influenza antiserum, any6 mL96.00
Bovine or ovine serum, any2 mL119.00
Cell cultureFlask141.00
Chlamydia psittaci spp. of origin monoclonal antibody panelPanel90.00
Conjugate, any1 mL68.00
Diluted positive control serum, any2 mL23.00
Equine antiserum, any2 mL42.00
Monoclonal antibody1 mL96.00
Other spp. antiserum, any1 mL51.00
Porcine antiserum, any2 mL99.00
Porcine tissue setsTissue set153.00
Positive control tissues, all2 cm2 section57.00
Rabbit origin antiserum1 mL48.00
Reference virus, any0.6 mL169.00
Viruses (except reference viruses), chlamydia psittaci agent or chlamydia psittaci antigen, any0.6 mL28.00

As specified in § 130.19(a), the user fees for other veterinary diagnostic services or materials available from NVSL (excluding FADDL) for fiscal year 2005 are as follows:

ServiceUnitUser fee
Antimicrobial susceptibility testIsolate$98.00
Avian safety testTest3,871.00
Check tests, cultureKit1167.00
Check tests, serology, all otherKit1337.00
Fetal bovine serum safety testVerification1,078.00
Hourly user fee services: 2
HourHour84.00
Quarter hourQuarter hour21.00
Minimum25.00
Manual, brucellosis culture1 copy107.00
Manual, tuberculosis culture (English or Spanish)1 copy161.00
Manual, Veterinary mycology1 copy161.00
Manuals or standard operating procedure (SOP), all other1 copy32.00
Manuals or SOP, per page1 page2.00
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Training (school or technical assistance)Per person per day310.00
1 Any reagents required for the check test will be charged separately.
2 For veterinary diagnostic services for which there is no flat rate user fee the hourly rate user fee will be calculated for the actual time required to provide the service.
Start Signature

Done in Washington, DC, this 25th day of August 2004.

Kevin Shea,

Acting Administrator, Animal and Plant Health Inspection Service.

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[FR Doc. 04-19809 Filed 8-30-04; 8:45 am]

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