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Notice

Fiscal Year 2006 Reimbursable Overtime Rates, Veterinary Diagnostic Services User Fees, and Agricultural Quarantine and Inspection User Fees

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Start Preamble Start Printed Page 50291

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, to user fees for certain veterinary diagnostic services, and to fees charged for agricultural quarantine and inspection services that are provided in connection with certain commercial vessels, commercial trucks, commercial railroad cars, commercial aircraft, and international airline passengers arriving at ports in the customs territory of the United States. The purpose of this notice is to remind the public of the reimbursable overtime charges and user fees for fiscal year 2006 (October 1, 2005, through September 30, 2006).

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 health 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 Agricultural Quarantine program operations, contact Mr. William E. Thomas, Assistant Director for Quarantine Policy, Analysis, and Support, PPQ, APHIS, 4700 River Road Unit 60, Riverdale, MD 20737-1231; (301) 734-5214.

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

End Further Info End Preamble Start Supplemental Information

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). Some of 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 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 2006 (October 1, 2005, through September 30, 2006).

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, beginning October 1, 2005, pay the Government at the rate listed in the following table: Start Printed Page 50292

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) beginning Oct. 1, 2005
Monday through Saturday and holidays$51.00
Sundays67.00

As specified in 7 CFR 354.1(a)(1)(iii) and 9 CFR 97.1(a)(3), the overtime rates to be charged beginning October 1, 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) beginning Oct. 1, 2005
Monday through Saturday and holidays$41.00
Sundays55.00
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 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 2006 are as follows:

ReagentUnit (mL)User fee
Bovine antiserum, any agent1$160.00
Caprine antiserum, any agent1195.00
Cell culture antigen/microorganism1109.00
Equine antiserum, any agent1198.00
Fluorescent antibody conjugate1176.00
Guinea pig antiserum, any agent1194.00
Monoclonal antibody1235.00
Ovine antiserum, any agent1187.00
Porcine antiserum, any agent1162.00
Rabbit antiserum, any agent1190.00
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As specified in § 130.14(b), the user fees for veterinary diagnostic tests performed at NVSL FADDL for fiscal year 2006 are as follows:

TestUnitUser fee
Agar gel immunodiffusionTest$32.00
CardTest18.00
Complement fixationTest38.00
Direct immunofluorescent antibodyTest24.00
Enzyme linked immunosorbent assayTest28.00
Fluorescent antibody neutralization (classical swine fever)Test208.00
Hemagglutination inhibitionTest61.00
ImmunoperoxidaseTest31.00
Indirect fluorescent antibodyTest37.00
In-vitro safetyTest609.00
In-vivo safetyTest5,447.00
Latex agglutinationTest25.00
Tube agglutinationTest29.00
Virus isolation (oesophageal/pharyngeal)Test192.00
Virus isolation in embryonated eggsTest370.00
Virus isolation, otherTest166.00
Virus neutralizationTest56.00

As specified in § 130.14(c), the user fees for other veterinary diagnostic services performed at NVSL FADDL for fiscal year 2006 are as follows:

Veterinary diagnostic serviceUnitUser fee
Bacterial isolationTest$119.00
Hourly user fee services1Hour476.00
Hourly user fee services—Quarter hourQuarter hour119.00
Infected cells on chamber slides or platesSlide51.00
Reference animal tissues for immunohistochemistrySet182.00
Sterilization by gamma radiationCan1,860.00
Training (school or technical assistance)Per person per day973.00
Virus titrationTest119.00
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.

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 2006 are as follows:

TestUnitUser fee
Bacterial identification, automatedIsolate$51.00
Bacterial identification, non-automatedIsolate87.00
Bacterial isolationSample35.00
Bacterial serotyping, all otherIsolate53.00
Bacterial serotyping, Pasteurella multocidaIsolate18.00
Bacterial serotyping, SalmonellaIsolate35.00
Bacterial toxin typingIsolate116.00
Bacteriology requiring special characterizationTest89.00
DNA fingerprintingTest58.00
DNA/RNA probeTest81.00
Fluorescent antibodyTest18.00
Mycobacterium identification (biochemical)Isolate111.00
Mycobacterium identification (gas chromatography)Procedure93.00
Mycobacterium isolation, animal inoculationsSubmission814.00
Mycobacterium isolation, all otherSubmission146.00
Mycobacterium paratuberculosis isolationSubmission70.00
Phage typing, all otherIsolate41.00
Phage typing, Salmonella enteritidisIsolate23.00

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 2006 are as follows:Start Printed Page 50294

TestUnitUser fee
Fluorescent antibody tissue sectionTest$28.00
Virus isolationTest46.00

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 2006 are as follows:

TestUnitUser fee
Brucella ring (BRT)Test$35.00
Brucella ring, heat inactivated (HIRT)Test35.00
Brucella ring, serial (Serial BRT)Test53.00
Buffered acidified plate antigen presumptiveTest7.00
CardTest4.00
Complement fixationTest16.00
Enzyme linked immunosorbent assayTest16.00
Indirect fluorescent antibodyTest14.00
Microscopic agglutination—includes up to 5 serovarsSample23.00
Microscopic agglutination—each serovar in excess of 5 serovarsSample4.00
Particle concentration fluorescent immunoassay (PCFIA)Test35.00
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 2006 are as follows:

TestUnitUser fee
Agar gel immunodiffusionTest$16.00
Complement fixationTestA16.00
Enzyme linked immunosorbent assayTest16.00
Hemagglutination inhibitionTest14.00
Indirect fluorescent antibodyTest14.00
Latex agglutinationTest16.00
Peroxidase linked antibodyTest15.00
Plaque reduction neutralizationTest17.00
Rabies fluorescent antibody neutralizationTest44.00
Virus neutralizationTest13.00

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 2006 are as follows:

TestUnitUser fee
Aflatoxin quantitationTest$29.00
Aflatoxin screenTest28.00
Agar gel immunodiffusion spp. identificationTest12.00
Antibiotic (bioautography) quantitationTest63.00
Antibiotic (bioautography) screenTest115.00
Antibiotic inhibitionTest63.00
ArsenicTest17.00
Ergot alkaloid screenTest63.00
Ergot alkaloid confirmationTest83.00
Feed microscopyTest63.00
Fumonisin onlyTest36.00
GossypolTest95.00
MercuryTest140.00
Metals screenTest43.00
Metals single element confirmationTest12.00
Mycotoxin: aflatoxin—liverTest115.00
Mycotoxin screenTest46.00
Nitrate/nitriteTest63.00
Organic compound confirmationTest85.00
Organic compound screenTest146.00
ParasitologyTest28.00
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Pesticide quantitationTest128.00
Pesticide screenTest58.00
pHTest26.00
Plate cylinderTest95.00
SeleniumTest43.00
Silicate/carbonate disinfectantTest63.00
Temperature disksTest126.00
Toxicant quantitation, otherTest106.00
Toxicant screen, otherTest32.00
Vomitoxin onlyTest51.00
Water activityTest32.00
Zearaleone quantitationTest51.00
Zearaleone screenTest28.00

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 2006 are as follows:

ReagentUnitUser fee
Anaplasma card test antigen2 mL$92.00
Anaplasma card test kit without antigenKit123.00
Anaplasma CF antigen2 mL46.00
Anaplasma stabilate4.5 mL170.00
Avian origin bacterial antiserums1 mL46.00
Bacterial agglutinating antigens other than brucella and salmonella pullorum5 mL52.00
Bacterial conjugates1 mL93.00
Bacterial disease CF antigens, all other1 mL28.00
Bacterial ELISA antigens1 mL28.00
Bacterial or protozoal, antiserums, all other1 mL58.00
Bacterial reagent culture 1Culture70.00
Bacterial reference culture 2Culture221.00
Bacteriophage reference cultureCulture166.00
Bovine serum factor1 mL17.00
Brucella abortus CF antigen60 mL146.00
Brucella agglutination antigens, all other60 mL146.00
Brucella buffered plate antigen60 mL166.00
Brucella canis tube antigen25 mL107.00
Brucella card test antigen (packaged)Package87.00
Brucella card test kit without antigenKit111.00
Brucella cellsGram18.00
Brucella cells, driedPellet5.00
Brucella ring test antigen60 mL233.00
Brucella rivanol solution60 mL28.00
Dourine CF antigen1 mL86.00
Dourine stabilate4.5 mL107.00
Equine and bovine origin babesia species antiserums1 mL123.00
Equine negative control CF antigen1 mL276.00
Flazo-orange3 mL12.00
Glanders CF antigen1 mL75.00
Hemoparasitic disease CF antigens, all other1 mL522.00
Leptospira transport medium10 mL4.00
Monoclonal antibody1 mL93.00
Mycobacterium spp. old tuberculin1 mL23.00
Mycobacterium spp. PPD1 mL18.00
Mycoplasma hemagglutination antigens5 mL174.00
Negative control serums1 mL18.00
Rabbit origin bacterial antiserum1 mL50.00
Salmonella pullorum microagglutination antigen5 mL15.00
Stabilates, all other4.5 mL659.00
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 2006 are as follows:

ReagentUnitUser fee
Antigen, except avian influenza and chlamydia psittaci antigens, any2 mL$59.00
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Avian antiserum except avian influenza antiserum, any2 mL47.00
Avian influenza antigen, any2 mL32.00
Avian influenza antiserum, any6 mL100.00
Bovine or ovine serum, any2 mL23.00
Cell cultureFlask146.00
Chlamydia psittaci spp. of origin monoclonal antibody panelPanel93.00
Conjugate, any1 mL71.00
Diluted positive control serum, any2 mL24.00
Equine antiserum, any2 mL44.00
Monoclonal antibody1 mL99.00
Other spp. antiserum, any1 mL52.00
Porcine antiserum, any2 mL102.00
Porcine tissue setsTissue set155.00
Positive control tissues, all2 cm2 section58.00
Rabbit origin antiserum1 mL50.00
Reference virus, any0.6 mL174.00
Viruses (except reference viruses), chlamydia psittaci agent or chlamydia psittaci antigen, any0.6 mL29.00

As specified in § 130.19(a), the user fees for other veterinary diagnostic services or materials available from NVSL (excluding FADDL) for fiscal year 2006 are as follows:

ServiceUnitUser fee
Antimicrobial susceptibility testIsolate$101.00
Avian safety testTest3,972.00
Check tests, cultureKit1171.00
Check tests, serology, all otherKit1349.00
Fetal bovine serum safety testVerification1,096.00
Hourly user fee services: 2
HourHour84.00
Quarter hourQuarter hour21.00
Minimum25.00
Manual, brucellosis culture1 copy111.00
Manual, tuberculosis culture (English or Spanish)1 copy166.00
Manual, Veterinary mycology1 copy166.00
Manuals or standard operating procedure (SOP), all other1 copy33.00
Manuals or SOP, per page1 page2.00
Training (school or technical assistance)Per person per day320.00
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.

Agricultural Quarantine and Inspection Services User Fees

User fees to reimburse APHIS for the costs of providing inspections of certain commercial conveyances are found in 7 CFR part 354 (referred to below as the regulations). These user fees are authorized by Section 2509(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 136a), which authorizes APHIS to collect user fees for agricultural quarantine and inspection (AQI) services.

In a final rule published in the Federal Register on December 9, 2004 (69 FR 71660-71683, Docket No. 04-042-1), and effective January 1, 2005, we established, for fiscal years 2005 through 2010 and beyond, user fees for each of the types of conveyances or persons to whom AQI services are provided, i.e., commercial vessels (watercraft), commercial trucks, commercial railroad cars, commercial aircraft, and international airline passengers. The regulations provide specific information regarding the applicability of, and exceptions to, AQI user fees. As specified in 7 CFR 354.3, the user fees for these AQI services for fiscal year 2006 are as follows:

ServiceUnitAmount
Inspection of commercial vessels of 100 net tons or more (see 7 CFR 354.3(b))Per entry 1$488.00
Inspection of commercial trucks (see 7 CFR 354.3(c))Per entry 25.25
Inspection of commercial railroad cars (see 7 CFR 354.3(d))Per entry 37.50
Inspection of commercial aircraft (see 7 CFR 354.3(e))Per entry70.25
Inspection of international aircraft passengers (see 7 CFR 354.3(f))Per entry5.00
1 Not to exceed 15 payments in a calendar year (i.e., no additional fee will be charged for a 16th or subsequent arrival in a calendar year).
2 A prepaid AQI permit valid for 1 calendar year may be obtained for an amount 20 times the AQI user fee for each arrival ($105.00 from October 1, 2005 through September 30, 2005). Start Printed Page 50297
3 The AQI user fee may be prepaid for all arrivals of a commercial railroad car during a calendar year for an amount 20 times the AQI user fee for each arrival ($150.00 from October 1, 2005 through September 30, 2006).
Start Signature

Done in Washington, DC, this 22nd day of August 2005.

Elizabeth E. Gaston,

Acting Administrator, Animal and Plant Health Inspection Service.

End Signature End Supplemental Information

[FR Doc. 05-16982 Filed 8-25-05; 8:45 am]

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