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 Department of Agriculture Animal and Plant Health Inspection Service [Docket No. APHIS-2008-0079]
 AGENCY: Animal and Plant Health Inspection Service, USDA.
 ACTION: Notice.
 SUMMARY: This notice pertains to user fees charged for certain veterinary diagnostics services and to fees charged for agricultural quarantine and inspection services that are provided in connection with certain commercial vessels, commercial trucks, loaded 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 user fees for fiscal year 2009 (October 1, 2008, through September 30, 2009).
 FOR FURTHER INFORMATION CONTACT: For information concerning veterinary diagnostic program operations, contact Dr. Elizabeth Lautner, Director, National Veterinary Services Laboratories, VS, APHIS, 1800 Dayton Avenue, Ames, IA 50010; (515) 663-7301. For information on Agricultural Quarantine program operations, contact Mr. William E. Thomas, 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, Section Head, User Fees Section, Financial Management Division, MRPBS, APHIS, 4700 River Road Unit 55, Riverdale, MD20737-1232; (301) 734-0882.


SUPPLEMENTARY INFORMATION: 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 diseases of livestock and poultry within the United States. In a final rule published in the 
                    **Federal Register**
                     on December 19, 2007 (72 FR 71744-71750, Docket No. APHIS-2006-0161), and effective January 18, 2008, we established, for fiscal years 2008 through 2012 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 whether 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 for the National Veterinary Services Laboratory (NVSL) in Ames, IA; and (2) performing laboratory tests and providing 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 or other authorized sites; (3) Laboratory tests performed as part of serology testing at NVSL in Ames or other authorized sites; (4) Laboratory tests performed at the pathobiology laboratory at NVSL in Ames or other authorized sites; (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 § 130.15(a), the user fees for bacteriology isolation and identification tests performed at NVSL (excluding FADDL) or other authorized sites for fiscal year 2009 are as follows: Test
Unit
User feeBacterial identification, automated
Isolate
$54.00Bacterial identification, non-automated
Isolate
92.00Bacterial isolation
Sample
37.00Bacterial serotyping, all other
Isolate
56.00Bacterial serotyping, Pasteurella multocida
Isolate
19.00Bacterial serotyping, Salmonella
Isolate
37.00Bacterial toxin typing
Isolate
123.00Bacteriology requiring special characterization
Test
94.00DNA fingerprinting
Test
61.00DNA probe
Test
85.00Fluorescent antibody
Test
19.00Mycobacterium identification (biochemical)
Isolate
117.00Mycobacterium identification (gas chromatography)
Procedure
99.00Mycobacterium isolation, animal inoculations
Submission
852.00Mycobacterium isolation, all other
Submission
154.00Mycobacterium paratuberculosis isolation
Submission
74.00Phage typing, all other
Isolate
43.00Phage typing, Salmonella enteritidis
Isolate
24.00
 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 2009 are as follows:
                    ( print page 50589) Test
Unit
User feeFluorescent antibody tissue section
Test
$30.00Virus isolation
Test
49.00
 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 2009 are as follows: Test
Unit
User feeBrucella ring (BRT)
Test
$37.00Brucella ring, heat inactivated (HIRT)
Test
37.00Brucella ring, serial (Serial BRT)
Test
56.00Buffered acidified plate antigen presumptive
Test
7.25Card
Test
4.00Complement fixation
Test
17.00Enzyme linked immunosorbent assay
Test
17.00Indirect fluorescent antibody
Test
15.00Microscopic agglutination—includes up to 5 serovars
Sample
24.00Microscopic agglutination—each serovar in excess of 5 serovars
Sample
4.50Particle concentration fluorescent immunoassay (PCFIA)
Test
37.00Plate
Test
7.25Rapid automated presumptive
Test
7.00Rivanol
Test
7.25Tube agglutination
Test
7.25
 As specified in § 130.16(b), the user fees for virology serology tests performed at NVSL (excluding FADDL) or other authorized sites for fiscal year 2009 are as follows: Test
Unit
User feeAgar gel immunodiffusion
Test
$17.00Complement fixation
Test
17.00Enzyme linked immunosorbent assay
Test
17.00Hemagglutination inhibition
Test
15.00Indirect fluorescent antibody
Test
15.00Latex agglutination
Test
17.00Peroxidase linked antibody
Test
16.00Plaque reduction neutralization
Test
18.00Rabies fluorescent antibody neutralization
Test
46.00Virus 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 other authorized sites for fiscal year 2009 are as follows: Test
Unit
User feeAflatoxin quantitation
Test
$31.00Aflatoxin screen
Test
29.00Agar gel immunodiffusion spp. identification
Test
13.00Antibiotic (bioautography) quantitation
Test
67.00Antibiotic (bioautography) screen
Test
122.00Antibiotic inhibition
Test
67.00Arsenic
Test
18.00Ergot alkaloid screen
Test
67.00Ergot alkaloid confirmation
Test
88.00Feed microscopy
Test
67.00Fumonisin only
Test
38.00Gossypol
Test
100.00Mercury
Test
148.00Metals screen
Test
45.00Metals single element confirmation
Test
13.00Mycotoxin: aflatoxin-liver
Test
122.00Mycotoxin screen
Test
49.00Nitrate/nitrite
Test
67.00Organic compound confirmation
Test
90.00Organic compound screen
Test
155.00Parasitology
Test
29.00( print page 50590)Pesticide quantitation
Test
135.00Pesticide screen
Test
62.00pH
Test
27.00Plate cylinder
Test
100.00Selenium
Test
45.00Silicate/carbonate disinfectant
Test
67.00Temperature disks
Test
133.00Toxicant quantitation, other
Test
112.00Toxicant screen, other
Test
33.00Vomitoxin only
Test
54.00Water activity
Test
33.00Zearaleone quantitation
Test
54.00Zearaleone screen
Test
29.00
 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 2009 are as follows: Reagent
Unit
User feeAnaplasma card test antigen
2 mL
$97.00Anaplasma card test kit without antigen
Kit
130.00Anaplasma CF antigen
2 mL
46.00Anaplasma stabilate
4.5 mL
178.00Avian origin bacterial antiserums
1 mL
49.00Bacterial agglutinating antigens other than brucella and salmonella pullorum
5 mL
55.00Bacterial conjugates
1 mL
99.00Bacterial disease CF antigens, all other
1 mL
30.00Bacterial ELISA antigens
1 mL
30.00Bacterial or protozoal antiserums, all other
1 mL
61.00Bacterial reagent culture 1
Culture
74.00Bacterial reference culture 2
Culture
233.00Bacteriophage reference culture
Culture
176.00Bovine serum factor
1 mL
18.00Brucella abortus CF antigen
60 mL
154.00Brucella agglutination antigens, all other
60 mL
154.00Brucella buffered plate antigen
60 mL
176.00Brucella canis tube antigen
25 mL
116.00Brucella card test antigen (packaged)
Package
92.00Brucella card test kit without antigen
Kit
114.00Brucella cells
Gram
19.00Brucella cells, dried
Pellet
6.00Brucella ring test antigen
60 mL
246.00Brucella rivanol solution
60 mL
30.00Dourine CF antigen
1 mL
91.00Dourine stabilate
4.5 mL
111.00Equine and bovine origin babesia species antiserums
1 mL
130.00Equine negative control CF antigen
1 mL
283.00Flazo-orange
3 mL
13.00Glanders CF antigen
1 mL
79.00Hemoparasitic disease CF antigens, all other
1 mL
553.00Leptospira transport medium
10 mL
4.50Monoclonal antibody
1 mL
97.00Mycobacterium spp. old tuberculin
1 mL
24.00Mycobacterium spp. PPD
1 mL
19.00Mycoplasma hemagglutination antigens
5 mL
184.00Negative control serums
1 mL
19.00Rabbit origin bacterial antiserum
1 mL
53.00Salmonella pullorum microagglutination antigen
5 mL
16.00Stabilates, all other
4.5 mL
690.001
                         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 agglutination 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 other authorized sites for fiscal year 2009 are as follows: Reagent
Unit
User feeAntigen, except avian influenza and chlamydia psittaci antigens, any
2 mL
$62.00( print page 50591)Avian antiserum except avian influenza antiserum, any
2 mL
49.00Avian influenza antigen, any
2 mL
34.00Avian influenza antiserum, any
6 mL
105.00Bovine or ovine serum, any
2 mL
130.00Cell culture
Flask
154.00Chlamydia psittaci spp. of origin monoclonal antibody panel
Panel
96.00Conjugate, any
1 mL
75.00Diluted positive control serum, any
2 mL
25.00Equine antiserum, any
2 mL
46.00Monoclonal antibody
1 mL
104.00Other spp. antiserum, any
1 mL
52.00Porcine antiserum, any
2 mL
108.00Porcine tissue sets
Tissue set
157.00Positive control tissues, all
2 cm 2
                             section
62.00Rabbit origin antiserum
1 mL
53.00Reference virus, any
0.6 mL
184.00Viruses (except reference viruses), chlamydia psittaci agent or chlamydia psittaci antigen, any
0.6 mL
31.00
 As specified in § 130.19(a), the user fees for other veterinary diagnostic services or materials available from NVSL (excluding FADDL) for fiscal year 2009 are as follows: Service
Unit
User feeAntimicrobial susceptibility test
Isolate
$107.00Avian safety test
Test
4,090.00Check tests, culture
Kit 1
179.00Check tests, serology
Kit 1
369.00Fetal bovine serum safety test
Verification
1,122.00Hourly user fees 2
Hour
104.00Quarter hour
Quarter hour
26.00Minimum

31.00Manual, brucellosis culture
1 copy
117.00Manual, tuberculosis culture (English or Spanish)
1 copy
176.00Manual, Veterinary mycology
1 copy
176.00Manuals or standard operating procedure (SOP), all other
1 copy
35.00Manuals or SOP, per page
1 page
2.50Training (school or technical assistance)
Per person per day
339.001
                         Any reagents required for the check test will be charged separately.2
                         For veterinary diagnostic services for which there is no flat 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 inspection 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, user fees for each of the types of conveyances or persons to whom AQI services are provided, 
                    *i.e.*, commercial vessels (watercraft), commercial trucks, loaded 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 2009 are as follows: Service
Unit
AmountInspection of commercial vessels of 100 net tons or more (see 7 CFR 354.3(b))
Per entry 1
$494.00Inspection 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
7.75Inspection of commercial aircraft (see 7 CFR 354.3(e))
Per entry
70.75Inspection 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 use fee for each arrival ($105 from October 1, 2008, through September 30, 2009).3
                         The AQI user fee may be prepaid for all arrival of a commercial railroad car during a calendar year for an amount 20 times the AQI use fee for each arrival ($155 from October 1, 2008, through September 30, 2009).
 Done in Washington, DC, this 21st day of August, 2008. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service.


[FR Doc. E8-19864 Filed 8-26-08; 8:45 am] BILLING CODE 3410-34-P