This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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REGISTER issue of each week.

Rules and Regulations Federal Register

17281 

Vol. 75, No. 65 

Tuesday, April 6, 2010 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 91 

[Document Number AMS–ST–09–0016] 

RIN 0581–AC98 

Changes in Hourly Fee Rates for 

Science and Technology Laboratory 

Services—Fiscal Years 2010–2012 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: The Agricultural Marketing 

Service (AMS) is changing the annual 

standard, appeal, overtime, and holiday 

hourly fee rates for fiscal years 2010– 

2012 for Science and Technology (S&T) 

Laboratory Services in order to recover 

anticipated laboratory program costs. 

The Agency is raising these rates to 

reflect, among other factors, national 

and locality pay increases for Federal 

employees and inflation, operating 

costs, instrumentation and training, 

equipment maintenance costs, and 

program and agency administrative 

overhead costs. The regulations are 

updated to identify existing S&T facility 

addresses. This action also includes 

changes to provide greater clarity of 

reported test analyses and laboratory 

determinations. 

DATES: Effective April 7, 2010. 

FOR FURTHER INFORMATION CONTACT: 

James V. Falk, Staff Scientist, or Dr. 

Robert L. Epstein, Deputy 

Administrator, Science and Technology 

Programs, Agricultural Marketing 

Service, United States Department of 

Agriculture, Mail Stop 0270, 1400 

Independence Avenue, SW., 

Washington, DC 20250–0270, telephone 

number (202) 720–5231; fax (202) 720– 

6496, or Internet: http:// 

www.regulations.gov or e-mail: 

James.falk@ams.usda.gov or 

Robert.epstein@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Science and Technology (S&T) 

Programs has been performing voluntary 

laboratory services under the 

Agricultural Marketing Act of 1946 

(AMA), as amended (7 U.S.C. 1621– 

1627), for the AMS commodity 

programs (Fruit and Vegetable, Cotton 

and Tobacco, Livestock and Seed, 

Poultry, and Dairy) and applicable 

stakeholders in these industries since its 

inception on August 17, 1988. Before 

that time, voluntary laboratory testing 

was provided for on a separate user fee 

basis under the various AMS 

commodity programs. The current 

standard hourly rate of $67.00, the 

appeal or overtime hourly rate of $78.00 

and the holiday hourly rate of $89.00 

have been in effect since the March 30, 

2007 final rule (72 FR 15011) was 

published. The standard fee rate for 

laboratory services will be $78.00 per 

hour for the remainder of fiscal year 

2010, and will increase to $81.00 per 

hour in fiscal year 2011, and $83.00 per 

hour in fiscal year 2012. The appeal and 

overtime hourly fee rate for laboratory 

services outside the normal business 

hours will also be adjusted to $93 for 

the remainder of FY 2010, to $96 in FY 

2011, and to $99 in FY 2012. The 

holiday hourly fee rate for laboratory 

services during designated federal 

holidays will be increased to $108 for 

the rest of FY 2010, to $111 in FY 2011, 

and to $115 in FY 2012. An increase in 

the premium hourly rates over the three 

fiscal years for laboratory services 

performed on appeal samples, overtime 

basis, and holidays is also needed since 

Science and Technology laboratory 

personnel may be required to work 

extended hours of service at the time 

and a half pay or the double hourly pay 

on legal holidays to accommodate 

clients. This is due to stakeholder 

demand for immediate test results. 

Generally, the processing of all 

laboratory samples is continuous over a 

24/7 timeframe due to the recent 

introduction of automated devices on 

several sample process equipment and 

analytical instruments. The AMA 

authorizes the Secretary of Agriculture 

to provide Federal analytical testing 

services that facilitate domestic 

marketing and international trade. In 

addition, consumers may be able to 

determine the quality and 

wholesomeness characteristics of a 

commodity or product through 

laboratory testing. This allows 

agricultural products to be assigned 

official AMS grade designations or to 

meet specifications. The AMA also 

requires that reasonable fees be 

collected from the users of the voluntary 

services to cover as nearly as possible 

the costs of maintaining the laboratory 

programs. 

The Agency will recover the actual 

cost of services for multiple fiscal years 

(FY 2010 through FY 2012) with the 

new hourly fee rates covered by this 

rule. This rule will amend its 

regulations to identify the updated and 

existing S&T Programs’ facility 

addresses. It clarifies that results of 

analyses and laboratory determinations 

provided by AMS laboratory services 

apply only to the submitted samples 

and do not represent the quality; 

condition or disposition of the lot from 

which each sample was taken. 

Federal salaries with national and 

locality pay adjustments and choices in 

benefits are made available on an 

annual basis by the Office of Personnel 

Management (OPM). Operational costs 

include expenses for rents, 

communications, utilities, medical 

examinations, safety equipment, sample 

preparation equipment, training, trash 

and hazardous waste disposal, travel 

and transportation costs. There have 

been certain large capital improvement 

expenditures in the laboratories in 

recent years due to unfunded legal 

mandates. These expenditures include 

costs for the counter-terrorism Food 

Emergency Response Network (FERN) 

and the capital improvements for the 

Environmental Management Systems 

(EMS) in accordance with the applicable 

mandates for Federal laboratories of 

Executive Order 13423 of January 24, 

2007, Strengthening Federal 

Environmental, Energy, and 

Transportation Management (72 FR 

3919). These capital improvement costs 

are included in the normal operations of 

the Science and Technology field 

service laboratories. In addition, 

operational costs include expenses for 

office and laboratory supplies, 

chemicals, reagents, hazardous waste 

removal, and a Laboratory Information 

Management System (LIMS). 

Infrastructure costs are mainly 


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laboratory instruments and capital 

equipment with service and 

maintenance contracts and replacement 

spare parts. Infrastructure expenses 

include consumable supply costs 

associated directly with the proper 

operation of analytical instruments and 

laboratory equipment. Stakeholders 

demand that AMS provide cost effective 

and timely product testing requiring 

modern and sometimes automated 

instrumentation. These instruments are 

expensive and undergo equipment 

capitalization for determining costs. 

Equipment capitalization is the 

determined cost per year to replace the 

equipment after its useful service life 

has been established. Agency overhead 

is the pro-rated share, attributable to a 

particular service, of the agency’s 

management and support costs. 

Overhead expenditures are allocated 

across the Agency for each direct hour 

of laboratory service. 

With this rulemaking, there will be 

essentially three standard hourly fee 

rate increases established for the basic 

laboratory services—$67 to $78 per hour 

or 16.4 percent for the rest of fiscal year 

2010, $78 to $81 per hour or 3.8 percent 

in fiscal year 2011 and $81 to $83 per 

hour or 2.5 percent in fiscal year 2012. 

The rate increases for overtime and 

appeals will be $78 to $93 per hour or 

19.2 percent, $93 to $96 per hour or 3.2 

percent, and $96 to $99 per hour or 3.1 

percent in fiscal years 2010, 2011, and 

2012, respectively. The rate increases 

for legal holiday service will be $89 to 

$108 per hour or 21.3 percent, $108 to 

$111 per hour or 2.8 percent, and $111 

to $115 per hour or 3.6 percent in fiscal 

years 2010, 2011, and 2012, 

respectively. This is a voluntary 

program and the costs to each user will 

increase proportionally to their use of 

laboratory services each fiscal year. The 

increased fees will cover inflation and 

national and locality pay raises but will 

not support any new budgetary 

initiative. The revised hourly fee rates 

will apply to voluntary laboratory 

services that are provided for five types 

of analytical testing: microbiological, 

physical, residue chemistry, proximate 

analysis for composition, and 

biomolecular (DNA-based) testing. A 

user fee system, using set hourly rates 

for three fiscal years, will be established 

by this rulemaking to ensure that AMS 

properly recovers its full costs for 

providing voluntary laboratory services 

in a timely manner, and that all 

stakeholders have advance notice of 

their estimated laboratory fees so that 

they can make reasonable cost 

assumptions when formulating their 

annual budgets. 

The largest cost of operations for the 

AMS laboratory programs is payroll and 

employee benefits. This obligation is 

projected to amount to $3,848,000 or 

57.6 percent of the total laboratory costs 

for FY 2010. Recent cross-training of the 

employees in the laboratories has 

resulted in the reduction of staff from 67 

individuals in FY 2007 to 50 current 

individuals in FY 2009 as ongoing 

efforts to limit program costs are 

implemented. AMS calculated its 

projected increases in salaries and 

inflation in fiscal years 2010 through 

2012. The estimate for increases in 

salaries for fiscal year 2009 as the base 

year and the succeeding years are from 

the Office of Management and Budget’s 

(OMB) ‘‘Federal Pay Raise Assumptions’’ 

table. The fiscal year pay adjustments 

are increased by 3 percent in the 

following tables of calculated proposed 

new hourly fee rates for laboratory 

program services for FY 2010 through 

FY 2012. The OMB Federal pay rise 

assumptions (including geographical 

pay differentials) state that in the 

development of civilian government 

personnel costs a yearly percentage 

(3%) increase shall be used. This 

information comes from the table, 

‘‘Federal Pay Raise Assumptions’’, of the 

Office of Management and Budget’s 

Fiscal Year 2007 Budget and beyond 

which is available at http:// 

www.whitehouse.gov/omb/memoranda/ 

fy2007/m07-02.pdf. 

Inflation for FY 2010 and subsequent 

years is estimated to be 3.5 percent. In 

Tables 2 through 10 below a yearly 3.5 

percent inflation rate is used in the 

calculations for hourly fee rate 

determinations for laboratory program 

services because the 2007 annual 

average for the base Consumer Price 

Index for all Urban Consumers (CPI–U): 

U.S. city average for service costs is 

listed as 246.848 in Table 3A. of the 

referenced website and there is a most 

recent annual average increase of 3.5% 

to 255.498 for the CPI–U provided for 

the change in service costs. This 

estimate for inflation percent (3.5%) can 

be obtained from Table 3A, ‘‘Consumer 

Price Index for all Urban Consumers 

(CPI–U): U.S. city average, detailed 

expenditure categories’’, which is 

available at http://www.bls.gov/cpi/ 

cpid08av.pdf. 

The Agency will initiate, when 

necessary, another rulemaking to adjust 

any fee established, if estimated 

increases for pay and inflation do not 

adequately cover the Agency’s costs of 

providing the services. The cost of 

providing laboratory services includes 

both direct and not explicit overhead 

costs. Direct costs include the cost of 

salaries, employee benefits, operation 

costs, equipment service and 

replacements, security, training needs, 

and infrastructure cost. The Agency is 

able to estimate the employee benefits 

attributable to overtime work and has 

included these in the fee rate 

calculations. 

The current and new fees for 

standard, appeal, overtime and legal 

holiday voluntary laboratory services 

are listed by type of service in Table 1 

below. The first increases ranging from 

16.4 to 21.3 percent, from the current 

rates to the fiscal year 2010 rates, are 

larger than the subsequent 2011 and 

2012 fiscal year increases (2.5 to 3.8 

percent range) because these are the first 

amended hourly rate increases since last 

set on March 30, 2007. Therefore, it 

includes the actual increases in salaries 

and inflation that have occurred since 

that date. It also reflects changes in 

personnel numbers and the promotions 

and within-grade pay step increases for 

General Schedule (GS) salaries granted 

worthy employees, and new employee 

position pay costs. 

With this action, the AMS will amend 

its regulations to provide for three 

annual differing fee increases in one 

action. Table 1 shows the summary of 

the current rates and the revised hourly 

fee rates for fiscal years 2010 through 

2012 for the four different types of 

services (regular laboratory, appeal, 

overtime, and legal holiday work) that 

Science and Technology Programs 

employees perform. 

TABLE 1—CURRENT AND NEW HOURLY FEE RATES (PER HOUR) BY TYPE OF SERVICE

Service Current rate FY 2010 rate 1 FY 2011 rate 2 FY 2012 rate 3

Laboratory ........................................................................................................ $67.00 $78.00 $81.00 $83.00 

Appeal .............................................................................................................. 78.00 93.00 96.00 99.00 

Overtime .......................................................................................................... 78.00 93.00 96.00 99.00 

Legal Holiday ................................................................................................... 89.00 108.00 111.00 115.00 

123 Hourly values for FY 2010–FY 2012 are rounded off to nearest whole dollar. 


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With this action, the AMS will amend 

its regulations to provide for three 

annual fee increases in one action. In 

AMS’s analysis of projected costs set 

forth in Tables 2 through 10 below, 

AMS has identified the basis for the 

increases in the cost of voluntary hourly 

fee rates for laboratory services for fiscal 

year 2010 through fiscal year 2012. 

These fee increases are essential for the 

continued sound financial management 

of the Agency’s budget. In order to 

enhance the transparency of the hourly 

fee rates in the aforementioned Tables 2 

through 10 for fiscal year 2010, fiscal 

year 2011 and fiscal year 2012, a 

description is provided of each fee 

charge category. 

TABLE 2—CALCULATIONS FOR THE STANDARD HOURLY RATE FOR LABORATORY PROGRAM SERVICES FOR THE

REMAINDER OF FY 2010 

Laboratory services Apportioned 

fee rate 

Base Time: 

Actual FY 2009 Salaries 1 @ $3,029,744 .................................................................................................................................... $29.13 

FY 2010 Pay Adjustment 2 = [Actual FY 2009 Salaries ($29.13)] × 0.03(3%) ............................................................................ 0.87 

Benefits 3 ....................................................................................................................................................................................... 6.99 

Operational Costs 4 ....................................................................................................................................................................... 22.38 

Infrastructure Cost 5 ...................................................................................................................................................................... 13.08 

Agency Overhead 6 ....................................................................................................................................................................... 4.81 

FY 2010 Inflation 7 (3.5%) = [Costs excluding infrastructure and payroll = $34.18] × 0.035 ...................................................... 1.20 

Total Rate Per Hour—Base Time ......................................................................................................................................... 78.46 

1Actual cost of FY 2009 salaries ($3,029,744) ÷ (2,080 program hours times 50 program employees) = $29.13 unit cost. 2Actual cost of FY 2010 pay adjustment ($90,892) ÷ (2,080 program hours times 50 program employees) = $0.87 unit cost. 3Actual cost of benefits ($727,364) ÷ (2,080 program hours times 50 program employees) = $6.99 unit cost. 4Actual cost of operational costs ($2,328,000) ÷ (2,080 program hours times 50 program employees) = $22.38 unit cost. 5Actual cost of infrastructure ($1,360,000) ÷ (2,080 program hours times 50 program employees) = $13.08 unit cost. 6Actual cost of Agency overhead ($500,000) ÷ (2,080 program hours times 50 program employees) = $4.81 unit cost. 7 Cost of FY 2010 Inflation ($125,000) ÷ (2,080 program hours times 50 program employees) = $1.20 unit cost. 

In order to project the hourly fee rates 

for the laboratory program services for 

fiscal years 2010 through 2012, the last 

fiscal year 2009 is used as a base. The 

total base time hourly fee rate 

calculation (Table 2) for fiscal year 2010 

begins with the actual salaries for fiscal 

year 2009 ($3,029,744) and adds the 

fiscal year 2010 projected pay 

adjustments (3 percent) and the fiscal 

year 2010 cost of employee benefits 

($727,364). Table 2 contains footnotes 

1–7 that provide the common 

mathematical formula used to calculate 

the apportioned rate for each fee charge 

category for fiscal year 2010. The 

formula uses the actual cost or projected 

cost in dollars for the applicable fiscal 

year for each individual fee charge 

category divided by the available 

program hours (2,080 hours) and further 

divided by the number of laboratory 

service program employees (50 people). 

The formula derives the apportioned fee 

rate for each fee charge category 

(salaries with pay adjustment, benefits, 

operational costs, infrastructure cost, 

agency overhead and inflation factor at 

3.5 percent rate). The same formula that 

is used in Table 2 and that is indicated 

in its footnotes is also applied in the 

other tables to derive each category unit 

rate with the different actual costs or 

variable projected costs to be inserted in 

the formula equation for the applicable 

fiscal year. See Table 3 through Table 10 

below for additional new hourly fee rate 

calculations for laboratory program 

services for the remainder of fiscal year 

2010 and fiscal years 2011 through 2012 

to be rounded off to whole number 

dollar amounts. 

Table 3 through Table 4 shows the 

calculations of the total standard hourly 

fee rates to be rounded off to $81 and 

$83 for fiscal years 2011 through 2012, 

respectively. 

TABLE 3—CALCULATIONS FOR THE STANDARD HOURLY RATE FOR LABORATORY PROGRAM SERVICES FOR FY 2011 

Laboratory services Apportioned 

fee rate 

Base Time: 

Projected FY 2010 Salaries = Actual FY 2009 ($29.13) + FY 2010 Pay Adjustment ($0.87) .................................................... $30.00 

FY 2011 Pay Adjustment = [FY 2010 Salaries ($30.00)] × 0.03(3%) ......................................................................................... 0.90 

Benefits ......................................................................................................................................................................................... 6.99 

Operational Costs ......................................................................................................................................................................... 22.38 

Infrastructure Cost ........................................................................................................................................................................ 13.08 

Agency Overhead ......................................................................................................................................................................... 4.81 

FY 2010 Inflation (3.5%) = [Costs excluding infrastructure and payroll = $34.18] × 0.035 ........................................................ 1.20 

FY 2011 Inflation (3.5%) = [Costs excluding infrastructure and payroll = $34.18] × 0.035 ........................................................ 1.20 

Total Rate Per Hour—Base Time ......................................................................................................................................... 80.56 

TABLE 4—CALCULATIONS FOR THE STANDARD HOURLY RATE FOR LABORATORY PROGRAM SERVICES FOR FY 2012 

Laboratory services Apportioned 

fee rate 

Base Time: 

Projected FY 2011 Salaries = FY 2010 ($30.00) + FY 2011 Pay Adjustment ($0.90) ............................................................... $30.90 


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TABLE 4—CALCULATIONS FOR THE STANDARD HOURLY RATE FOR LABORATORY PROGRAM SERVICES FOR FY 2012— 

Continued 

Laboratory services Apportioned 

fee rate 

FY 2012 Pay Adjustment = [FY 2011 Salaries ($30.90)] × 0.03(3%) ......................................................................................... 0.93 

Benefits ......................................................................................................................................................................................... 6.99 

Operational Costs ......................................................................................................................................................................... 22.38 

Infrastructure Cost ........................................................................................................................................................................ 13.08 

Agency Overhead ......................................................................................................................................................................... 4.81 

FY 2010 Inflation (3.5%) = [Costs excluding infrastructure and payroll = $34.18] × 0.035 ........................................................ 1.20 

FY 2011 Inflation (3.5%) = [Costs excluding infrastructure and payroll = $34.18] × 0.035 ........................................................ 1.20 

FY 2012 Inflation (3.5%) = [Costs excluding infrastructure and payroll = $34.18] × 0.035 ........................................................ 1.20 

Total Rate Per Hour—Base Time ......................................................................................................................................... 82.69 

Table 5 through Table 7 shows the 

calculations of the total appeal and total 

overtime hourly fee rates to be rounded 

off to whole dollar amounts for the 

remainder of fiscal year 2010 and fiscal 

years 2011 through 2012. These tables 

incorporate the differentials in costs 

associated with the necessity of 

laboratory personnel to work extended 

hours of service at the time and a half 

pay carrying out either overtime or 

appeal sample testing. Federal employee 

rates of premium pay are described in 

part 551 of Title 5 of the Code of Federal 

Regulations (CFR) for the Office of 

Personnel Management (OPM). Section 

551.512(a) specifies that Federal 

employees are entitled to receive 

overtime premium pay, when overtime 

work is performed, at one and one-half 

times the employee’s hourly rate of 

basic pay. 

TABLE 5—CALCULATIONS FOR THE APPEAL AND OVERTIME HOURLY RATES FOR LABORATORY PROGRAM SERVICES FOR

THE REMAINDER OF FY 2010 

Laboratory services Apportioned 

fee rate 

Appeal and Overtime Rates: Projected Salaries @ 1.5 (time and a half) 

FY 2009 Salaries @ 1.5 = [Actual 2009 Salaries ($29.13)] × 1.5 ............................................................................................... $43.70 

FY 2010 Pay Adjustment = FY 2009 Salaries @ 1.5 ($43.70) × 0.03 (3%) ............................................................................... 1.31 

Benefits ......................................................................................................................................................................................... 6.99 

Operational Costs ......................................................................................................................................................................... 22.38 

Infrastructure Cost ........................................................................................................................................................................ 13.08 

Agency Overhead ......................................................................................................................................................................... 4.81 

FY 2010 Inflation (3.5%) = [Costs excluding infrastructure and payroll = $34.18] × 0.035 ........................................................ 1.20 

Total Rate Per Hour—Appeal and Overtime ........................................................................................................................ 93.47 

TABLE 6—CALCULATIONS FOR THE APPEAL AND OVERTIME HOURLY RATES FOR LABORATORY PROGRAM SERVICES FOR

FY 2011 

Laboratory services Apportioned 

fee rate 

Appeal and Overtime Rates: Projected Salaries @ 1.5 (time and a half) 

FY 2010 Salaries @ 1.5 = [Actual FY 2009 Salaries ($29.13) + FY 2010 Pay Adjustment ($0.87)] × 1.5 ................................ $45.00 

FY 2011 Pay Adjustment = FY 2010 Salaries @ 1.5 ($45.00) × 0.03 (3%) ............................................................................... 1.35 

Benefits ......................................................................................................................................................................................... 6.99 

Operational Costs ......................................................................................................................................................................... 22.38 

Infrastructure Cost ........................................................................................................................................................................ 13.08 

Agency Overhead ......................................................................................................................................................................... 4.81 

FY 2010 Inflation (3.5%) .............................................................................................................................................................. 1.20 

FY 2011 Inflation (3.5%) = [Costs excluding infrastructure and payroll = $34.18] × 0.035 ........................................................ 1.20 

Total Rate Per Hour—Appeal and Overtime ........................................................................................................................ 96.01 

TABLE 7—CALCULATIONS FOR THE APPEAL AND OVERTIME HOURLY RATES FOR LABORATORY PROGRAM SERVICES FOR

FY 2012 

Laboratory services Apportioned 

fee rate 

Appeal and Overtime Rates: Projected Salaries @ 1.5 (time and a half) 

FY 2011 Salaries @ 1.5 = [Projected FY 2010 Salaries ($30.00) + FY 2011 Pay Adjustment ($0.90)] × 1.5 .......................... $46.35 

FY 2012 Pay Adjustment = FY 2011 Salaries @ 1.5 ($46.35) × 0.03 (3%) ............................................................................... 1.39 

Benefits ......................................................................................................................................................................................... 6.99 


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TABLE 7—CALCULATIONS FOR THE APPEAL AND OVERTIME HOURLY RATES FOR LABORATORY PROGRAM SERVICES FOR

FY 2012—Continued 

Laboratory services Apportioned 

fee rate 

Operational Costs ......................................................................................................................................................................... 22.38 

Infrastructure Cost ........................................................................................................................................................................ 13.08 

Agency Overhead ......................................................................................................................................................................... 4.81 

FY 2010 Inflation (3.5%) .............................................................................................................................................................. 1.20 

FY 2011 Inflation (3.5%) .............................................................................................................................................................. 1.20 

FY 2012 Inflation (3.5%) = [Costs excluding infrastructure and payroll = $34.18] × 0.035 ........................................................ 1.20 

Total Rate Per Hour—Appeal and Overtime ........................................................................................................................ 98.60 

Table 8 through Table 10 shows the 

calculations of the total legal holiday 

hourly fee rates to be rounded off to 

whole dollar amounts for the remainder 

of fiscal year 2010 and fiscal years 2011 

through 2012. These tables incorporate 

the differentials in costs associated with 

the necessity of laboratory personnel to 

work extended hours of service at the 

double hourly pay rate doing sample 

testing on a Federal holiday or a 

designated day for the Federal holiday. 

Accordingly, 5 CFR, part 532, section 

532.507(a) specifies that Federal 

employees are entitled to receive 

holiday premium pay, which is not 

overtime work, at double the employee’s 

hourly rate of basic pay. 

TABLE 8—CALCULATIONS FOR THE FEDERAL HOLIDAY HOURLY RATE FOR LABORATORY PROGRAM SERVICES FOR THE

REMAINDER OF FY 2010 

Laboratory services Apportioned 

fee rate 

Holiday Rate: Projected Salaries @ 2.0 (double time) 

FY 2009 Salaries @ 2.0 = [Actual 2009 Salaries ($29.13)] × 2.0 ............................................................................................... $58.26 

FY 2010 Pay Adjustment = FY 2009 Salaries @ 2.0 ($58.26) × 0.03 (3%) ............................................................................... 1.75 

Benefits ......................................................................................................................................................................................... 6.99 

Operational Costs ......................................................................................................................................................................... 22.38 

Infrastructure Cost ........................................................................................................................................................................ 13.08 

Agency Overhead ......................................................................................................................................................................... 4.81 

FY 2010 Inflation (3.5%) = [Costs excluding infrastructure and payroll = $34.18] × 0.035 ........................................................ 1.20 

Total Rate Per Hour—Holidays ............................................................................................................................................. 108.47 

TABLE 9—CALCULATIONS FOR THE FEDERAL HOLIDAY HOURLY RATE FOR LABORATORY PROGRAM SERVICES FOR FY 

2011 

Laboratory services Apportioned 

fee rate 

Holiday Rate: Projected Salaries @ 2.0 (double time) 

FY 2010 Salaries @ 2.0 = [Actual FY 2009 Salaries ($29.13) + FY 2010 Pay Adjustment ($0.87)] × 2.0 ................................ $60.00 

FY 2011 Pay Adjustment = FY 2010 Salaries @ 2.0 ($60.00) × 0.03 (3%) ............................................................................... 1.80 

Benefits ......................................................................................................................................................................................... 6.99 

Operational Costs ......................................................................................................................................................................... 22.38 

Infrastructure Cost ........................................................................................................................................................................ 13.08 

Agency Overhead ......................................................................................................................................................................... 4.81 

FY 2010 Inflation (3.5%) .............................................................................................................................................................. 1.20 

FY 2011 Inflation (3.5%) = [Costs excluding infrastructure and payroll = $34.18] × 0.035 ........................................................ 1.20 

Total Rate Per Hour—Holidays ............................................................................................................................................. 111.46 

TABLE 10—CALCULATIONS FOR THE FEDERAL HOLIDAY HOURLY RATE FOR LABORATORY PROGRAM SERVICES FOR FY 

2012 

Laboratory services Apportioned 

fee rate 

Holiday Rate: Projected Salaries @ 2.0 (double time) 

FY 2011 Salaries @ 2.0 = [Projected FY 2010 Salaries ($30.00) + FY 2011 Pay Adjustment ($0.90)] × 2.0 .......................... $61.80 

FY 2012 Pay Adjustment = FY 2011 Salaries @ 2.0 ($61.80) × 0.03 (3%) ............................................................................... 1.85 

Benefits ......................................................................................................................................................................................... 6.99 

Operational Costs ......................................................................................................................................................................... 22.38 

Infrastructure Cost ........................................................................................................................................................................ 13.08 

Agency Overhead ......................................................................................................................................................................... 4.81 

FY 2010 Inflation (3.5%) .............................................................................................................................................................. 1.20 


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TABLE 10—CALCULATIONS FOR THE FEDERAL HOLIDAY HOURLY RATE FOR LABORATORY PROGRAM SERVICES FOR FY 

2012—Continued 

Laboratory services Apportioned 

fee rate 

FY 2011 Inflation (3.5%) .............................................................................................................................................................. 1.20 

FY 2012 Inflation (3.5%) = [Costs excluding infrastructure and payroll = $34.18] × 0.035 ........................................................ 1.20 

Total Rate Per Hour—Holidays ............................................................................................................................................. 114.51 

Proposed Rule and Comments 

AMS published a proposed rule on 

October 26, 2009 (74 FR 54920), stating 

that it was proposing changing fees for 

laboratory services for fiscal years 2010 

through 2012. AMS provided for a 30 

day comment period, ending November 

25, 2009. The proposed rule included 

the required economic analysis for 

determining the fee schedule and 

regulatory flexibility analysis. AMS 

received no comments. 

Executive Order 12866 

This rule has been determined to be 

not significant for purposes of Executive 

Order 12866; and, therefore, has not 

been reviewed by the Office of 

Management and Budget (OMB). 

Civil Justice Reform (Executive Order 

12988) 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. It is not intended to have 

retroactive effect. There are no 

administrative procedures which must 

be exhausted prior to any judicial 

challenge to this rule or the application 

of its provisions. 

Regulatory Flexibility Act 

Pursuant to the requirements set forth 

in the Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601–612) AMS has considered 

the economic impact of this action on 

small entities and has determined that 

its implementation will not have a 

significant economic impact on a 

substantial number of small businesses. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

businesses subject to such actions so 

that small businesses will not be 

disproportionately burdened. There are 

499 current stakeholders who 

voluntarily use the AMS laboratory 

services annually. Such users of services 

include food processors, handlers, 

growers, government agencies, and 

exporters. The majority of these firms, 

organizations, and individuals are small 

businesses under the criteria established 

by the Small Business Administration 

(13 CFR 121.201). The increases in 

annual hourly fee rates as stated will not 

significantly affect these small 

businesses as defined in the RFA 

because this is a voluntary program and 

the costs to each user will increase 

proportionally to their use of laboratory 

services each fiscal year. Any decision 

by the current stakeholders to 

discontinue the use of the AMS 

laboratory services because of the 

increased fees will not hinder the food 

processors or industry members from 

marketing their products, since 

stakeholders may contract for services 

with other government agencies or 

private laboratories. The AMS 

laboratory testing programs are 

voluntary, user fee services, conducted 

under the authority of the AMA. 

The AMA authorizes the Secretary of 

Agriculture to provide Federal 

analytical testing services that facilitate 

marketing and trade with the financial 

necessity that reasonable fees be 

collected from the users of the services 

to cover as nearly as possible the costs 

of maintaining the programs. AMS 

regularly reviews its user-fee-supported 

laboratory service programs to 

determine if the voluntary fees are 

adequate and reasonable to cover 

expenses. The most recent review 

determined that the existing hourly fee 

rates, which have been in place since 

March 30, 2007, will not generate 

sufficient revenue to recover annual 

operating costs of laboratory programs 

and will not maintain adequate end-ofyear operating reserve balances in FY 

2010, FY 2011, and FY 2012. This 

decline in revenues is due to lower 

numbers of samples and a reduction in 

the number of clients by 312 that is 

attributable mainly to a shift in usage 

patterns on the part of applicants for 

testing services and change to 

government programs. For example, 

several federal commodity purchasing 

programs are now relying heavily on 

vendor certification rather than 

government laboratory testing; a larger 

percentage of aflatoxin analyses and 

microbiological testing are performed by 

approved or designated private 

laboratories; and food and fiber product 

testing is decreasing due to changing 

importer country requirements. For 

analytical purposes, projected 

collections are based on calculations 

using an effective date of October 1, 

2009 for the new fiscal year 2010 user 

fees. Without the fee increase in this 

rule, FY 2010 revenues are projected at 

$6,421,000; obligations are projected at 

$6,676,000, for a fiscal year loss of 

$256,000 and a depleted trust fund to an 

8.0 month end-of-year reserve balance of 

$4,449,000. In fiscal years 2011 and 

2012 additional operating losses for the 

laboratories are projected. If there are no 

hourly rate changes as reflected in this 

rule, the FY 2011 and FY 2012 end-ofyear reserve balances will decline from 

$4,449,000 to $3,984,000 (6.9 months 

operating reserve), and $3,568,000 (6.0 

months operating reserve), respectively. 

However, a minimum operating reserve 

of 11.1 months or an end-of-year trust 

fund balance amount of $6,173,000 is 

needed for FY 2010 based on the current 

shut down analysis and prior 

experiences, including the permanent 

closing of the S&T Midwestern 

Laboratory in Chicago, Illinois on June 

30, 2000. The AMS estimates that the 

raised hourly fee rates in this rule will 

yield $1,228,000 overall in additional 

laboratory testing program revenues 

during FY 2010. This will increase the 

end-of-year available capital assets in 

the trust fund from $4,704,000 or 8.8 

months of permitted operations in FY 

2009 to $5,677,000 or 10.2 months of 

permitted operations in FY 2010. By 

forgoing the purchase of new models of 

analytical equipment and instruments 

employing up to date technology to 

replace aging ones in the laboratories, a 

$500,000 savings in the costs of 

operations could take place in FY 2010. 

This will enable AMS to replenish 

program reserves to an 11 month level, 

$6,177,000, for FY 2010 that is called for 

by Agency policy and prudent financial 

management. With increased revenue 

from the hourly rate changes in this 

rule, program reserves will be 

maintained at this level in subsequent 

fiscal years 2011 and 2012. 

With this action, the Agency expects 

to collect $7,649,000 in FY 2010, 

$7,986,000 in FY 2011, and $8,211,000 

in FY 2012 attributable to the increased 

fee changes, to cover the full cost of 

routine laboratory services, appeal 

requests, overtime, and legal holiday 


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Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Rules and Regulations 17287 

services for Science and Technology 

customers and other program 

stakeholders. This action will allow 

AMS to continue to offer laboratory 

testing services under the Agricultural 

Marketing Act of 1946 as amended, to 

facilitate marketing and allow products 

to obtain grade designations or meet 

marketing standards. As such, the 

program provides a viable option for a 

wide variety of stakeholders by 

delivering scientific and analytical 

support services to the diversified 

agricultural and food processing 

community and provides a valuable 

resource for those businesses and 

industries that wish to use a USDA 

shield. By establishing a three year fee 

increase over FYs 2010, 2011, and 2012 

the Agency will help ensure that the fee 

increases are effective at the beginning 

of each fiscal year from FY 2011 to FY 

2012. This increase over three fiscal 

years will permit customers and other 

program stakeholders an opportunity to 

plan for annual changes in costs of 

laboratory service and to incorporate 

them into their budgetary plans. 

Finally, this rule will update and 

identify Science and Technology 

Programs’ existing facility addresses. It 

will also clarify that test results of 

analyses and laboratory determinations 

provided by AMS laboratory program 

only apply to the submitted samples 

and do not represent the quality, 

condition or disposition of the lot from 

which each sample was taken. 

Paperwork Reduction Act 

This rule contains no new 

information collection or recordkeeping 

requirements that are subject to the 

Office of Management and Budget 

(OMB) approval under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). AMS is committed to 

implementation of the Government 

Paperwork Elimination Act which 

provides for the use of information 

resources to improve the efficiency and 

effectiveness of governmental 

operations, including providing the 

public with the option of submitting 

information or transacting business 

electronically to the extent practicable. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

Unfunded Mandate Analysis 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and tribal governments and the private 

sector. Under section 202 of UMRA, the 

Department generally must prepare a 

written statement, including a cost 

benefit analysis, for proposed and final 

rules with ‘‘Federal mandates’’ that may 

result in expenditures to State, local, or 

tribal governments, in the aggregate, or 

to the private sector, of $100 million or 

more in any one year. When such a 

statement is needed for a rule, section 

205 of UMRA generally requires that the 

Department identify and consider a 

reasonable number of regulatory 

alternatives and adopt the least costly, 

more cost-effective or least burdensome 

alternative that achieves the objectives 

of the rule. 

This rule contains no Federal 

mandates (under the regulatory 

provisions of Title II of the UMRA) that 

impose costs on State, local, or tribal 

governments or to the private sector of 

$100 million or more in any one year. 

Thus, this rule is not subject to the 

requirements of sections 202 and 205 of 

UMRA. 

Comments and Effective Date 

A thirty day comment period was 

provided for interested persons to 

comment on the proposed rule 

published in the Federal Register (74 

FR 54920) regarding changes in user 

fees for voluntary laboratory testing 

services. No comments were received by 

the end of the comment period on 

November 25, 2009. The existing hourly 

fee rates have been in place since March 

30, 2007. AMS regularly reviews its 

user-fee-supported programs to 

determine if the current fees are 

adequate to cover expenses. The agency 

is unable to recover the full cost of its 

present laboratory testing services. With 

this regulation, AMS is establishing 

three annual hourly fee rate increases 

for standard, overtime and appeals, and 

holiday services for fiscal years 2010– 

2012. Accordingly, for these reasons, 

pursuant to 5 U.S.C. 553, and because 

of initiation of the Federal fiscal year 

2010 already, it is found and 

determined that good cause exists for 

not postponing the effective date of this 

rule until 30 days after publication in 

the Federal Register. Therefore, this 

final rule is effective one day after the 

date of publication in the Federal 

Register. 

List of Subjects in 7 CFR Part 91 

Administrative practice and 

procedure, Agricultural commodities, 

Laboratories, Reporting and 

recordkeeping requirements. 

■ For the reasons set forth in the 

preamble, the Agricultural Marketing 

Service under the authority of 7 U.S.C. 

1622, 1624 amends part 91 of Title 7, 

chapter I, subchapter E, of the Code of 

Federal Regulations as follows: 

PART 91—SERVICES AND GENERAL 

INFORMATION 

■ 1. The authority citation for part 91 

continues to read as follows: 

Authority: 7 U.S.C. 1622, 1624. 

■ 2. Section 91.5 is revised to read as 

follows: 

§ 91.5 Where services are offered. 

(a) Services are offered to applicants 

at the Science and Technology 

laboratories and facilities as listed 

below. 

(1) Science and Technology Programs 

National Science Laboratory. A variety 

of proximate for composition, chemical, 

physical, microbiological and 

biomolecular (DNA-based) tests and 

laboratory analyses performed on fruits 

and vegetables, poultry, dairy and dairy 

products, juices, fish, vegetative seed 

and oilseed, honey, meat and meat 

products, fiber products and processed 

foods are performed at the Science and 

Technology Programs (S&T) laboratory 

located at: USDA, AMS, Science and 

Technology Programs, National Science 

Laboratory (NSL), 801 Summit Crossing 

Place, Suite B, Gastonia, North Carolina 

28054–2193. 

(2) Science and Technology (S&T) 

Programs Science Specialty 

Laboratories. The Science specialty 

laboratories performing aflatoxin and 

other testing on peanuts, peanut 

products, dried fruits, grains, edible 

seeds, tree nuts, shelled corn products, 

oilseed products, olive oil, vegetable 

oils, juices, citrus products, and other 

commodities are located as follows: 

(i) USDA, AMS, Science & 

Technology, Citrus Laboratory, 98 Third 

Street, SW., Winter Haven, Florida 

33880–2905. 

(ii) USDA, AMS, Science & 

Technology, Science Specialty 

Laboratory, 6567 Chancey Mill Road, 

Blakely, Georgia 39823–2785. 

(3) Program laboratories. Laboratory 

services are available in all areas 

covered by cooperative agreements 

providing for this laboratory work and 

entered on behalf of the Department 

with cooperating Federal or State 

laboratory agencies pursuant to 

authority contained in Act(s) of 

Congress. Also, services may be 

provided in other areas not covered by 

a cooperative agreement if the 

Administrator determines that it is 

possible to provide such laboratory 

services. 

(4) Other alternative laboratories. 

Laboratory analyses may be conducted 

at alternative Science and Technology 

Programs laboratories and can be 

reached from any commodity market in 

which a laboratory facility is located to 


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17288 Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Rules and Regulations 

the extent laboratory personnel are 

available. 

(5) The Plant Variety Protection (PVP) 

Office. The PVP office and plant 

examination facility of the Science and 

Technology programs issues certificates 

of protection to developers of novel 

varieties of plants which reproduce 

sexually. The PVP office is located as 

follows: USDA, AMS, Science & 

Technology Programs, Plant Variety 

Protection Office, National Agricultural 

Library Building, Room 401, 10301 

Baltimore Boulevard, Beltsville, MD 

20705–2351. 

(6) Science and Technology Programs 

headquarters offices. The examination, 

licensure, quality assurance reviews, 

laboratory approval/certification and 

consultation services are provided by 

headquarters staff located in 

Washington, DC. The main headquarters 

office is located as follow: USDA, AMS, 

Science and Technology Programs, 

Office of the Deputy Administrator, 

Room 1092 South Agriculture Bldg., 

Mail Stop 0270, 1400 Independence 

Ave., SW., Washington, DC 20250–0270. 

(7) Statistics Branch Office. The 

Statistics Branch office of Science and 

Technology Programs (S&T) provides 

statistical services to the Agency and 

other agencies within the USDA. In 

addition, the Statistics Branch office 

generates sample plans and performs 

consulting services for research studies 

in joint efforts with or in a leading role 

with other program areas of AMS or of 

the USDA. The Statistics Branch office 

is located as follows: USDA, AMS, S&T 

Statistics Branch, Room 0603 South 

Agriculture Bldg., Mail Stop 0223, 1400 

Independence Ave., SW., Washington, 

DC 20250–0223. 

(8) Technical Services Branch Office. 

The Technical Services Branch office of 

Science and Technology (S&T) provides 

technical support services to all Agency 

programs and other agencies within the 

USDA. In addition, the Technical 

Services Branch office provides 

certification and approval services of 

private and State government 

laboratories as well as oversees quality 

assurance programs; import and export 

certification of laboratory tested 

commodities. The Technical Services 

Branch mailing address is as follows: 

USDA, AMS, S&T Technical Services 

Branch, South Agriculture Bldg., Mail 

Stop 0272, 1400 Independence Ave., 

SW., Washington, DC 20250–0272. The 

Technical Services Branch office is 

located as follows: USDA, AMS, Science 

and Technology Technical Services 

Branch, Room 0604 South Agriculture 

Bldg., 1400 Independence Ave., SW., 

Washington, DC 20250. 

(9) Monitoring Programs Office. 

Services afforded by the Pesticide Data 

Program (PDP) and Microbiological Data 

Program (MDP) are provided by USDA, 

AMS, Science and Technology 

Monitoring Programs Office, 8609 

Sudley Road, Suite 206, Manassas, VA 

20110–8411. 

(10) Pesticide Records Branch Office. 

Services afforded by the Federal 

Pesticide Record Keeping Program for 

restricted-use pesticides by private 

certified applicators are provided by 

USDA, AMS, Science and Technology, 

Pesticide Records Branch, 8609 Sudley 

Road, Suite 203, Manassas, VA 20110– 

8411. 

(b) The addresses of the various 

laboratories and offices appear in the 

pertinent parts of this subchapter. A 

prospective applicant may obtain a 

current listing of addresses and 

telephone numbers of Science and 

Technology Programs laboratories, 

offices, and facilities by addressing an 

inquiry to the Administrative Officer, 

Science and Technology Programs, 

Agricultural Marketing Service, United 

States Department of Agriculture 

(USDA), 1400 Independence Ave., SW., 

Room 0725 South Agriculture Building, 

Mail Stop 0271, Washington, DC 20250– 

0271. 

■ 3. Sections 91.24 and 91.25 are 

revised to read as follows: 

§ 91.24 Reports of test results. 

(a) Results of analyses are provided, 

in writing, by facsimile, by e-mail or 

other electronic means to the applicant. 

(b) Results of test analyses and 

laboratory determinations provided by 

AMS laboratory services only apply to 

the submitted samples and do not 

represent the quality, condition or 

disposition of the lot from which each 

sample was taken. 

(c) Applicants may call the 

appropriate Science and Technology 

laboratory for interim or final results 

prior to issuance of the formal report. 

The advance results may be telegraphed, 

e-mailed, telephoned, or sent by 

facsimile to the applicant. Any 

additional expense for advance 

information shall be borne by the 

requesting party. 

(d) A letter report in lieu of an official 

certificate of analysis may be issued by 

a laboratory representative when such 

action appears to be more suitable than 

a certificate: Provided, that, issuance of 

such report is approved by the Deputy 

Administrator. 

§ 91.25 Certificate requirements. 

Certificates of analysis and other 

memoranda concerning laboratory 

service and the reporting of results 

should have the following requirements: 

(a) Certificates of analysis shall be on 

standard printed forms approved by the 

Deputy Administrator; 

(b) Shall be printed in English; 

(c) Shall have results typewritten, 

computer generated, or handwritten in 

ink and shall be clearly legible; 

(d) Shall show the results of 

laboratory tests in a uniform, accurate, 

and concise manner with abbreviations 

identified on the form; 

(e) Shall show the information 

required by §§ 91.26 through 91.29; and 

(f) Show only such other information 

and statements of fact as are provided in 

the instructions authorized by the 

Deputy Administrator. 

■ 4. Sections 91.37 through 91.39 are 

revised to read as follows: 

§ 91.37 Standard hourly fee rate for 

laboratory testing, analysis, and other 

services. 

(a) The standard hourly fee rate in this 

section for the individual laboratory 

analyses cover the costs of Science and 

Technology laboratory services, 

including issuance of certificates and 

personnel and overhead costs other than 

the commodity inspection fees referred 

to in 7 CFR 52.42 through 52.46, 52.48 

through 52.51, 55.510 through 55.530, 

55.560 through 55.570, 58.38 through 

58.43, 58.45 through 58.46, 70.71 

through 70.72, and 70.75 through 70.78. 

The hourly fee rates in this part 91 

apply to all commodity and processed 

commodity products. The new fiscal 

year for Science and Technology 

Programs commences on October 1 of 

each calendar year. The rate for 

laboratory services is $78.00 per hour in 

fiscal year 2010, $81.00 per hour in 

fiscal year 2011, and $83.00 per hour in 

fiscal year 2012. 

(b) Printed updated schedules of the 

laboratory testing fees for processed 

fruits and vegetables (7 CFR part 93), 

poultry and egg products (7 CFR part 

94), and meat and meat products (7 CFR 

part 98) will be available for distribution 

to Science and Technology’s 

constituents and stakeholders by the 

individual Laboratory Directors of 

Science and Technology laboratories 

listed in § 91.5. These single test 

laboratory fee schedules are based upon 

the applicable hourly fee rate stated in 

paragraph (a) of this section. 

(c) Except as otherwise provided in 

this section, charges will be made at the 

applicable hourly rate stated in 

paragraph (a) of this section for the time 

required to perform the service. A 

charge will be made for service pursuant 

to each request or certificate issued. 


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Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Rules and Regulations 17289 

(d) When a laboratory test service is 

provided for AMS by a commercial or 

State government laboratory, the 

applicant will be assessed a fee which 

covers the costs to the Science and 

Technology program for the service 

provided. 

(e) When Science and Technology 

staff provides applied and 

developmental research and training 

activities for microbiological, physical, 

chemical, and biomolecular analyses on 

agricultural commodities the applicant 

will be charged a fee on a reimbursable 

cost to AMS basis. 

§ 91.38 Additional fees for appeal of 

analysis. 

(a) The applicant for appeal sample 

testing will be charged a fee at the 

hourly rate for laboratory service that 

appears in this paragraph. The new 

fiscal year for Science and Technology 

Programs commences on October 1 of 

each calendar year. The appeal rate for 

laboratory service is $93.00 per hour in 

fiscal year 2010, $96.00 per hour in 

fiscal year 2011, and $99.00 per hour in 

fiscal year 2012. 

(b) The appeal fee will not be waived 

for any reason if analytical testing was 

completed in addition to the original 

analysis. 

§ 91.39 Premium hourly fee rates for 

overtime and legal holiday service. 

(a) When analytical testing in a 

Science and Technology facility 

requires the services of laboratory 

personnel beyond their regularly 

assigned tour of duty on any day or on 

a day outside the established schedule, 

such services are considered as overtime 

work. When analytical testing in a 

Science and Technology facility 

requires the services of laboratory 

personnel on a Federal holiday or a day 

designated in lieu of such a holiday, 

such services are considered holiday 

work. Laboratory analyses initiated at 

the request of the applicant to be 

rendered on Federal holidays, and on an 

overtime basis will be charged fees at 

hourly rates for laboratory service that 

appear in this paragraph. The new fiscal 

year for Science and Technology 

Programs commences on October 1 of 

each calendar year. The laboratory 

analysis rate for overtime service is 

$93.00 per hour in fiscal year 2010, 

$96.00 per hour in fiscal year 2011, and 

$99.00 per hour in fiscal year 2012. The 

laboratory analysis rate for Federal 

holiday or designed holiday service is 

$108.00 per hour in fiscal year 2010, 

$111.00 per hour in fiscal year 2011, 

and $115.00 per hour in fiscal year 

2012. 

(b) Information on legal holidays or 

what constitutes overtime service at a 

particular Science and Technology 

laboratory is available from the 

Laboratory Director or facility manager. 

Dated: April 1, 2010. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–7739 Filed 4–5–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS-2008-0052] 

RIN 0579-AD07 

Citrus Seed Imports; Citrus Greening 

and Citrus Variegated Chlorosis 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are amending the 

regulations governing the importation of 

nursery stock to prohibit the 

importation of propagative seed of 

several Rutaceae (citrus family) genera 

from certain countries where citrus 

greening or citrus variegated chlorosis 

(CVC) is present. We are also requiring 

propagative seed of these genera 

imported from all other countries to be 

accompanied by a phytosanitary 

certificate with an additional 

declaration that neither citrus greening 

nor CVC are known to occur in the 

country where the seed was produced. 

Scientific evidence indicates that seed 

of certain genera of the family Rutaceae 

may be a pathway for the introduction 

of those diseases. This action is 

necessary in order to prevent the 

introduction or dissemination of citrus 

greening and CVC into or within the 

United States. 

DATES: This interim rule is effective 

April 6, 2010. We will consider all 

comments that we receive on or before 

June 7, 2010. 

ADDRESSES: You may submit comments 

by either of the following methods: 

∑ Federal eRulemaking Portal: Go to 

(http://www.regulations.gov/ 

fdmspublic/component/main?

main=DocketDetail&d=APHIS-2008- 

0052) to submit or view comments and 

to view supporting and related materials 

available electronically. 

∑ Postal Mail/Commercial Delivery: 

Please send a copy of your comment to 

Docket No. APHIS-2008-0052, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A-03.8, 4700 

River Road Unit 118, Riverdale, MD 

20737-1238. Please state that your 

comment refers to Docket No. APHIS2008-0052. 

Reading Room: You may read any 

comments that we receive on this 

docket in our reading room. The reading 

room is located in room 1141 of the 

USDA South Building, 14th Street and 

Independence Avenue SW., 

Washington, DC. Normal reading room 

hours are 8 a.m. to 4:30 p.m., Monday 

through Friday, except holidays. To be 

sure someone is there to help you, 

please call (202) 690-2817 before 

coming. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

(http://www.aphis.usda.gov). 

FOR FURTHER INFOMATION CONTACT: Dr. 

Arnold Tschanz, Senior Plant 

Pathologist, Plant Health Programs, 

PPQ, APHIS, 4700 River Road Unit 133, 

Riverdale, MD 20737-1231; (301) 734- 

0627. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in 7 CFR part 319, 

‘‘Foreign Quarantine Notices,’’ prohibit 

or restrict the importation of certain 

plants and plant products to prevent the 

introduction or dissemination of plant 

pests and noxious weeds into the 

United States. The regulations in 

‘‘Subpart-Citrus Canker and Other Citrus 

Diseases’’ (§ 319.19) prohibit the 

importation into the United States of 

plants and plant parts, except fruit and 

seeds, of all genera, species, and 

varieties of the subfamilies 

Aurantioideae, Rutoideae, and 

Toddalioideae of the botanical family 

Rutaceae (citrus) in order to prevent the 

introduction of citrus canker 

(Xanthomonas citri subsp. citri) into 

areas of the United States. 

The regulations contained in 

‘‘Subpart-Nursery Stock, Plants, Roots, 

Bulbs, Seeds, and Other Plant Products,’’ 

§§ 319.37 through 319.37-14 (referred to 

below as the regulations), restrict, 

among other things, the importation of 

seeds for propagation. In this interim 

rule, we are amending the regulations to 

prohibit the importation of propagative 

seed of several Rutaceae genera from 

certain countries where citrus greening 

or citrus variegated chlorosis (CVC) is 

present. We are also requiring 

propagative seed of these genera 

imported from all other countries to be 

accompanied by a phytosanitary 

certificate with an additional 


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