Notice2022-21393
Adjustment of Fees for Seafood Inspection Services
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 3, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The NMFS Seafood Inspection Program is notifying program participants of a revised fee schedule.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 190 (Monday, October 3, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 190 (Monday, October 3, 2022)]
[Notices]
[Pages 59780-59781]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21393]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC384]
Adjustment of Fees for Seafood Inspection Services
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of a revised fee schedule for seafood inspection
services.
-----------------------------------------------------------------------
SUMMARY: The NMFS Seafood Inspection Program is notifying program
participants of a revised fee schedule.
DATES: The revised fee schedule applies to services rendered as of
November 1, 2022, until notified otherwise.
FOR FURTHER INFORMATION CONTACT: Steven Wilson, Office of International
Affairs, Trade, and Commerce, 301-427-8350 or at
<a href="/cdn-cgi/l/email-protection#88fbfcedfeede6a6ffe1e4fbe7e6c8e6e7e9e9a6efe7fe"><span class="__cf_email__" data-cfemail="ec9f98899a8982c29b85809f8382ac82838d8dc28b839a">[email protected]</span></a>.
[[Page 59781]]
SUPPLEMENTARY INFORMATION: The National Marine Fisheries Service (NMFS)
operates a fee-for-service Seafood Inspection Program (Program) under
the authorities of the Agricultural Marketing Act of 1946, as amended,
the Fish and Wildlife Act of 1956, and the Reorganization Plan No. 4 of
1970. The regulations implementing the Program are contained in 50 CFR
part 260 and 261. The Program offers inspection, grading, and
certification services, including the use of official quality grade
marks, which indicate that specific products have been federally
inspected. Those wishing to participate in the program must request the
services and submit specific compliance information. Since 1992, NMFS
implemented inspection services based on guidelines recommended by the
National Academy of Sciences, known as Hazard Analysis Critical Control
Point (HACCP).
Under the implementing regulations for the Program, fees are
reviewed at least annually to ascertain that the hourly fees charged
are adequate to recover the costs of the services rendered. Any
necessary adjustments to fees are made in accordance with the
requirements of 50 CFR 260.81 and are notified to program participants
as stipulated at 50 CFR 260.70. This Federal Register notice serves to
inform program participants of an adjusted fee schedule, effective
November 1, 2022.
Program costs used for the calculation of user fees include all
relevant direct and indirect costs to the program, and applicable
administrative overhead and surcharges. Program fees must be set to
promote full cost recovery of the program absent other appropriations.
Program costs include all field operations, program administrative
overhead, and management, and include expenses for labor for
inspectors, facilities, information technology infrastructure, and
other operational costs. The Program fees are set to recover those
costs based on revenue projections from expected billable service hours
and the number of certificate requests. Forecasts of demand for
services use historical data on actual billed services that are
adjusted annually for inflation, known events that might affect the
predicted output of billable services, and seasonality of when
forecasted services will take place throughout the year.
The magnitude of the change to fees is larger than in previous rate
increases. NOAA had sought to limit drastic and unpredictable changes
to fees while industry operations were disrupted by the COVID 19
pandemic and now is making adjustments in an effort to ensure full cost
recovery, as nearly as possible, for the program for FY23. The fees for
some services will remain unchanged or will change modestly based on
the latest calculations of service costs, while other fees will
increase more significantly than previous rate increases. We do not
expect the program will need such significant fee increases in the
future, assuming no unexpected changes in the demand for services.
NMFS will adjust its fees as outlined in this notice, which will
apply until notified otherwise. Fees will be charged to contract and
non-contract customers requesting services as listed below. The cost of
other applicable services rendered will be recovered through fee
collection using the base rate of $238 per hour.
NMFS will continue to monitor revenues and expenses and will use
adaptive adjustments to react to changing levels of demand and
expenses. Future fee changes will be announced if needed to promote
full cost recovery and to ensure the level and structure of reasonable
fees are consistent with the cost of the services rendered and in
accordance with financial requirements. NMFS will also reduce fee
levels if revenues are projected to exceed expenses, with the goal of
recovering costs as nearly as possible.
Revised Fees and Charges for the U.S. Department of Commerce (USDC)
Seafood Inspection Program
Effective November 1, 2022, per hour fees and charges for fishery
products inspection services will be as follows. The base contract and
non-contract rates will increase by 45 percent from the current
established rate and will apply until notified otherwise. The rate for
certificate requests will be reduced by 2 percent based on current
estimates of the cost of delivering the service. The rate for HACCP/QMP
(Quality Management Program) contract services will decrease by 12
percent based on current estimates of the cost of delivering the
service. Any travel associated with a billable service will be an
additional charge.
Contract Rates
Regular time: Services provided during any 8-hour shift.
Overtime: Services provided outside the inspector's normal work
schedule.
In addition to any hourly service charge, a night differential fee
equal to 10 percent of the employee's hourly salary will be charged for
each hour of service provided after 6 p.m. and before 6 a.m. A
guarantee of payment is required for all contracts equal to three
months of service or $10,000, whichever is greater.
Non-Contract Rates
Regular time: Services provided within the inspector's normal work
schedule, Monday through Friday.
Overtime: Services provided outside the inspector's normal work
schedule.
Any services under contract in excess of the contracted hours will
be charged at the non-contract rate.
Contract Rates
Non-HACCP Contracts
Regular Time: $238.00
Overtime: $357.00
Sunday & Holidays: $476.00
HACCP/QMP Contracts
HACCP Regular: $238.00
HACCP Overtime: $357.00
HACCP Sunday & Holidays: $476.00
All Non-Contract Work Rates
Regular Time: $357.00
Overtime: $536.00
Sunday & Holidays: $714.00
Certificates
All certificate requests, whether or not a product inspection was
conducted, will be billed at a set flat rate of $97 per request.
Additional information about, and applications for, Program
services and fees may be obtained from NMFS (see FOR FURTHER
INFORMATION CONTACT).
Dated: September 28, 2022.
Alexa Cole,
Director, Office of International Affairs, Trade, and Commerce,
National Marine Fisheries Service.
[FR Doc. 2022-21393 Filed 9-30-22; 8:45 am]
BILLING CODE 3510-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on October 3, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.