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).
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.
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 duty | Overtime rates (per hour) Oct. 1, 2004-Sept. 30, 2005 |
|---|---|
| Monday through Saturday and holidays | $49.00 |
| Sundays | 65.00 |
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 Services
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:
| Reagent | Unit | User fee |
|---|---|---|
| Bovine antiserum, any agent | 1 mL | $155.00 |
| Caprine antiserum, any agent | 1 mL | 189.00 |
| Cell culture antigen/microorganism | 1 mL | 106.00 |
| Equine antiserum, any agent | 1 mL | 192.00 |
| Fluorescent antibody conjugate | 1 mL | 172.00 |
| Guinea pig antiserum, any agent | 1 mL | 189.00 |
| Monoclonal antibody | 1 mL | 229.00 |
| Ovine antiserum, any agent | 1 mL | 181.00 |
| Porcine antiserum, any agent | 1 mL | 157.00 |
| Rabbit antiserum, any agent | 1 mL | 185.00 |
As specified in § 130.14(b), the user fees for veterinary diagnostic tests performed at NVSL FADDL for fiscal year 2005 are as follows:
| Test | Unit | User fee |
|---|---|---|
| Agar gel immunodiffusion | Test | $31.00 |
| Card | Test | 17.00 |
| Complement fixation | Test | 37.00 |
| Direct immunofluorescent antibody | Test | 23.00 |
| Enzyme linked immunosorbent assay | Test | 27.00 |
| Fluorescent antibody neutralization (classical swine fever) | Test | 201.00 |
| Hemagglutination inhibition | Test | 59.00 |
| Immunoperoxidase | Test | 30.00 |
| Indirect fluorescent antibody | Test | 36.00 |
| In-vitro safety | Test | 589.00 |
| In-vivo safety | Test | 5,387.00 |
| Latex agglutination | Test | 24.00 |
| Tube agglutination | Test | 28.00 |
| Virus isolation (oesophageal/pharyngeal) | Test | 186.00 |
| Virus isolation in embryonated eggs | Test | 358.00 |
| Virus isolation, other | Test | 160.00 |
| Virus neutralization | Test | 54.00 |
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:
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:
| Test | Unit | User fee |
|---|---|---|
| Bacterial identification, automated | Isolate | $50.00 |
| Bacterial identification, non-automated | Isolate | 84.00 |
| Bacterial isolation | Sample | 34.00 |
| Bacterial serotyping, all other | Isolate | 52.00 |
| Bacterial serotyping, Pasteurella multocida | Isolate | 17.00 |
| Bacterial serotyping, Salmonella | Isolate | 34.00 |
| Bacterial toxin typing | Isolate | 112.00 |
| Bacteriology requiring special characterization | Test | 86.00 |
| DNA fingerprinting | Test | 56.00 |
| DNA/RNA probe | Test | 79.00 |
| Fluorescent antibody | Test | 17.00 |
| Mycobacterium identification (biochemical) | Isolate | 107.00 |
| Mycobacterium identification (gas chromatography) | Procedure | 90.00 |
| Mycobacterium isolation, animal inoculations | Submission | 791.00 |
| Mycobacterium isolation, all other | Submission | 141.00 |
| Mycobacterium paratuberculosis isolation | Submission | 67.00 |
| Phage typing, all other | Isolate | 39.00 |
| Phage typing, Salmonella enteritidis | Isolate | 22.00 |
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:
| Test | Unit | User fee |
|---|---|---|
| Fluorescent antibody tissue section | Test | $27.00 |
| Virus isolation | Test | 45.00 |
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:
| Test | Unit | User fee |
|---|---|---|
| Brucella ring (BRT) | Test | $34.00 |
| Brucella ring, heat inactivated (HIRT) | Test | 34.00 |
| Brucella ring, serial (Serial BRT) | Test | 51.00 |
| Buffered acidified plate antigen presumptive | Test | 7.00 |
| Card | Test | 4.00 |
| Complement fixation | Test | 15.00 |
| Enzyme linked immunosorbent assay | Test | 15.00 |
| Indirect fluorescent antibody | Test | 13.00 |
| Microscopic agglutination—includes up to 5 serovars | Sample | 22.00 |
| Microscopic agglutination—each serovar in excess of 5 serovars | Sample | 4.00 |
| Particle concentration fluorescent immunoassay (PCFIA) | Test | 34.00 |
| Plate | Test | 7.00 |
| Rapid automated presumptive | Test | 6.00 |
| Rivanol | Test | 7.00 |
| Tube agglutination | Test | 7.00 |
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:
| Test | Unit | User fee |
|---|---|---|
| Agar gel immunodiffusion | Test | $15.00 |
| Complement fixation | Test | 15.00 |
| Enzyme linked immunosorbent assay | Test | 15.00 |
| Hemagglutination inhibition | Test | 13.00 |
| Indirect fluorescent antibody | Test | 13.00 |
| Latex agglutination | Test | 15.00 |
| Peroxidase linked antibody | Test | 14.00 |
| Plaque reduction neutralization | Test | 17.00 |
| Rabies fluorescent antibody neutralization | Test | 42.00 |
| Virus neutralization | Test | 12.00 |
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:
| Test | Unit | User fee |
|---|---|---|
| Aflatoxin quantitation | Test | $28.00 |
| Aflatoxin screen | Test | 27.00 |
| Agar gel immunodiffusion spp. identification | Test | 12.00 |
| Antibiotic (bioautography) quantitation | Test | 61.00 |
| Antibiotic (bioautography) screen | Test | 112.00 |
| Antibiotic inhibition | Test | 61.00 |
| Arsenic | Test | 16.00 |
| Ergot alkaloid screen | Test | 61.00 |
| Ergot alkaloid confirmation | Test | 80.00 |
| Feed microscopy | Test | 61.00 |
| Fumonisin only | Test | 35.00 |
| Gossypol | Test | 92.00 |
| Mercury | Test | 135.00 |
| Metals screen | Test | 41.00 |
| Metals single element confirmation | Test | 12.00 |
| Mycotoxin: aflatoxin—liver | Test | 112.00 |
| Mycotoxin screen | Test | 44.00 |
| Nitrate/nitrite | Test | 61.00 |
| Organic compound confirmation | Test | 82.00 |
| Organic compound screen | Test | 141.00 |
| Parasitology | Test | 27.00 |
| Pesticide quantitation | Test | 123.00 |
| Pesticide screen | Test | 56.00 |
| pH | Test | 25.00 |
| Plate cylinder | Test | 92.00 |
| Selenium | Test | 41.00 |
| Silicate/carbonate disinfectant | Test | 61.00 |
| Temperature disks | Test | 122.00 |
| Toxicant quantitation, other | Test | 103.00 |
| Toxicant screen, other | Test | 31.00 |
| Vomitoxin only | Test | 49.00 |
| Water activity | Test | 31.00 |
| Zearaleone quantitation | Test | 49.00 |
| Zearaleone screen | Test | 27.00 |
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:
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:
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:
Done in Washington, DC, this 25th day of August 2004.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-19809 Filed 8-30-04; 8:45 am]
BILLING CODE 3410-34-P