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 Department of Agriculture Animal and Plant Health Inspection Service [Docket No. 05-065-1]
 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).
 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.


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: 
                    ( print 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 duty
Overtime rates (per hour) 
                             beginning Oct. 1, 2005Monday through Saturday and holidays
$51.00Sundays
67.00
 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 duty
Overtime rates (per hour) 
                             beginning Oct. 1, 2005Monday through Saturday and holidays
$41.00Sundays
55.001
                         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: Reagent
Unit 
                             (mL)
User feeBovine antiserum, any agent
1
$160.00Caprine antiserum, any agent
1
195.00Cell culture antigen/microorganism
1
109.00Equine antiserum, any agent
1
198.00Fluorescent antibody conjugate
1
176.00Guinea pig antiserum, any agent
1
194.00Monoclonal antibody
1
235.00Ovine antiserum, any agent
1
187.00Porcine antiserum, any agent
1
162.00Rabbit antiserum, any agent
1
190.00
 
 
 As specified in § 130.14(b), the user fees for veterinary diagnostic tests performed at NVSL FADDL for fiscal year 2006 are as follows: Test
Unit
User feeAgar gel immunodiffusion
Test
$32.00Card
Test
18.00Complement fixation
Test
38.00Direct immunofluorescent antibody
Test
24.00Enzyme linked immunosorbent assay
Test
28.00Fluorescent antibody neutralization (classical swine fever)
Test
208.00Hemagglutination inhibition
Test
61.00Immunoperoxidase
Test
31.00Indirect fluorescent antibody
Test
37.00In-vitro safety
Test
609.00In-vivo safety
Test
5,447.00Latex agglutination
Test
25.00Tube agglutination
Test
29.00Virus isolation (oesophageal/pharyngeal)
Test
192.00Virus isolation in embryonated eggs
Test
370.00Virus isolation, other
Test
166.00Virus neutralization
Test
56.00
 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 service
Unit
User feeBacterial isolation
Test
$119.00Hourly user fee services1
Hour
476.00Hourly user fee services—Quarter hour
Quarter hour
119.00Infected cells on chamber slides or plates
Slide
51.00Reference animal tissues for immunohistochemistry
Set
182.00Sterilization by gamma radiation
Can
1,860.00Training (school or technical assistance)
Per person per day
973.00Virus titration
Test
119.001
                         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: Test
Unit
User feeBacterial identification, automated
Isolate
$51.00Bacterial identification, non-automated
Isolate
87.00Bacterial isolation
Sample
35.00Bacterial serotyping, all other
Isolate
53.00Bacterial serotyping, Pasteurella multocida
Isolate
18.00Bacterial serotyping, Salmonella
Isolate
35.00Bacterial toxin typing
Isolate
116.00Bacteriology requiring special characterization
Test
89.00DNA fingerprinting
Test
58.00DNA/RNA probe
Test
81.00Fluorescent antibody
Test
18.00Mycobacterium identification (biochemical)
Isolate
111.00Mycobacterium identification (gas chromatography)
Procedure
93.00Mycobacterium isolation, animal inoculations
Submission
814.00Mycobacterium isolation, all other
Submission
146.00Mycobacterium paratuberculosis isolation
Submission
70.00Phage typing, all other
Isolate
41.00Phage typing, Salmonella enteritidis
Isolate
23.00
 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:
                    ( print page 50294) Test
Unit
User feeFluorescent antibody tissue section
Test
$28.00Virus isolation
Test
46.00
 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: Test
Unit
User feeBrucella ring (BRT)
Test
$35.00Brucella ring, heat inactivated (HIRT)
Test
35.00Brucella ring, serial (Serial BRT)
Test
53.00Buffered acidified plate antigen presumptive
Test
7.00Card
Test
4.00Complement fixation
Test
16.00Enzyme linked immunosorbent assay
Test
16.00Indirect fluorescent antibody
Test
14.00Microscopic agglutination—includes up to 5 serovars
Sample
23.00Microscopic agglutination—each serovar in excess of 5 serovars
Sample
4.00Particle concentration fluorescent immunoassay (PCFIA)
Test
35.00Plate
Test
7.00Rapid automated presumptive
Test
6.00Rivanol
Test
7.00Tube 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 2006 are as follows: Test
Unit
User feeAgar gel immunodiffusion
Test
$16.00Complement fixation
Test
A16.00Enzyme linked immunosorbent assay
Test
16.00Hemagglutination inhibition
Test
14.00Indirect fluorescent antibody
Test
14.00Latex agglutination
Test
16.00Peroxidase linked antibody
Test
15.00Plaque reduction neutralization
Test
17.00Rabies fluorescent antibody neutralization
Test
44.00Virus neutralization
Test
13.00
 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: Test
Unit
User feeAflatoxin quantitation
Test
$29.00Aflatoxin screen
Test
28.00Agar gel immunodiffusion spp. identification
Test
12.00Antibiotic (bioautography) quantitation
Test
63.00Antibiotic (bioautography) screen
Test
115.00Antibiotic inhibition
Test
63.00Arsenic
Test
17.00Ergot alkaloid screen
Test
63.00Ergot alkaloid confirmation
Test
83.00Feed microscopy
Test
63.00Fumonisin only
Test
36.00Gossypol
Test
95.00Mercury
Test
140.00Metals screen
Test
43.00Metals single element confirmation
Test
12.00Mycotoxin: aflatoxin—liver
Test
115.00Mycotoxin screen
Test
46.00Nitrate/nitrite
Test
63.00Organic compound confirmation
Test
85.00Organic compound screen
Test
146.00Parasitology
Test
28.00( print page 50295)Pesticide quantitation
Test
128.00Pesticide screen
Test
58.00pH
Test
26.00Plate cylinder
Test
95.00Selenium
Test
43.00Silicate/carbonate disinfectant
Test
63.00Temperature disks
Test
126.00Toxicant quantitation, other
Test
106.00Toxicant screen, other
Test
32.00Vomitoxin only
Test
51.00Water activity
Test
32.00Zearaleone quantitation
Test
51.00Zearaleone screen
Test
28.00
 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: Reagent
Unit
User feeAnaplasma card test antigen
2 mL
$92.00Anaplasma card test kit without antigen
Kit
123.00Anaplasma CF antigen
2 mL
46.00Anaplasma stabilate
4.5 mL
170.00Avian origin bacterial antiserums
1 mL
46.00Bacterial agglutinating antigens other than brucella and salmonella pullorum
5 mL
52.00Bacterial conjugates
1 mL
93.00Bacterial disease CF antigens, all other
1 mL
28.00Bacterial ELISA antigens
1 mL
28.00Bacterial or protozoal, antiserums, all other
1 mL
58.00Bacterial reagent culture 1
Culture
70.00Bacterial reference culture 2
Culture
221.00Bacteriophage reference culture
Culture
166.00Bovine serum factor
1 mL
17.00Brucella abortus CF antigen
60 mL
146.00Brucella agglutination antigens, all other
60 mL
146.00Brucella buffered plate antigen
60 mL
166.00Brucella canis tube antigen
25 mL
107.00Brucella card test antigen (packaged)
Package
87.00Brucella card test kit without antigen
Kit
111.00Brucella cells
Gram
18.00Brucella cells, dried
Pellet
5.00Brucella ring test antigen
60 mL
233.00Brucella rivanol solution
60 mL
28.00Dourine CF antigen
1 mL
86.00Dourine stabilate
4.5 mL
107.00Equine and bovine origin babesia species antiserums
1 mL
123.00Equine negative control CF antigen
1 mL
276.00Flazo-orange
3 mL
12.00Glanders CF antigen
1 mL
75.00Hemoparasitic disease CF antigens, all other
1 mL
522.00Leptospira transport medium
10 mL
4.00Monoclonal antibody
1 mL
93.00Mycobacterium spp. old tuberculin
1 mL
23.00Mycobacterium spp. PPD
1 mL
18.00Mycoplasma hemagglutination antigens
5 mL
174.00Negative control serums
1 mL
18.00Rabbit origin bacterial antiserum
1 mL
50.00Salmonella pullorum microagglutination antigen
5 mL
15.00Stabilates, all other
4.5 mL
659.001
                         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: Reagent
Unit
User feeAntigen, except avian influenza and chlamydia psittaci antigens, any
2 mL
$59.00( print page 50296)Avian antiserum except avian influenza antiserum, any
2 mL
47.00Avian influenza antigen, any
2 mL
32.00Avian influenza antiserum, any
6 mL
100.00Bovine or ovine serum, any
2 mL
23.00Cell culture
Flask
146.00Chlamydia psittaci spp. of origin monoclonal antibody panel
Panel
93.00Conjugate, any
1 mL
71.00Diluted positive control serum, any
2 mL
24.00Equine antiserum, any
2 mL
44.00Monoclonal antibody
1 mL
99.00Other spp. antiserum, any
1 mL
52.00Porcine antiserum, any
2 mL
102.00Porcine tissue sets
Tissue set
155.00Positive control tissues, all
2 cm2
                             section
58.00Rabbit origin antiserum
1 mL
50.00Reference virus, any
0.6 mL
174.00Viruses (except reference viruses), chlamydia psittaci agent or chlamydia psittaci antigen, any
0.6 mL
29.00
 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: Service
Unit
User feeAntimicrobial susceptibility test
Isolate
$101.00Avian safety test
Test
3,972.00Check tests, culture
Kit1
171.00Check tests, serology, all other
Kit1
349.00Fetal bovine serum safety test
Verification
1,096.00Hourly user fee services: 2Hour
Hour
84.00Quarter hour
Quarter hour
21.00Minimum

25.00Manual, brucellosis culture
1 copy
111.00Manual, tuberculosis culture (English or Spanish)
1 copy
166.00Manual, Veterinary mycology
1 copy
166.00Manuals or standard operating procedure (SOP), all other
1 copy
33.00Manuals or SOP, per page
1 page
2.00Training (school or technical assistance)
Per person per day
320.001
                         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: Service
Unit
AmountInspection of commercial vessels of 100 net tons or more (see 7 CFR 354.3(b))
Per entry 1
$488.00Inspection of commercial trucks (see 7 CFR 354.3(c))
Per entry 2
5.25Inspection of commercial railroad cars (see 7 CFR 354.3(d))
Per entry 3
7.50Inspection of commercial aircraft (see 7 CFR 354.3(e))
Per entry
70.25Inspection of international aircraft passengers (see 7 CFR 354.3(f))
Per entry
5.001
                         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). 
                        ( print 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).
 Done in Washington, DC, this 22nd day of August 2005. Elizabeth E. Gaston, Acting Administrator, Animal and Plant Health Inspection Service.


[FR Doc. 05-16982 Filed 8-25-05; 8:45 am] BILLING CODE 3410-34-P