Revision of Laboratory Service Fees

SUMMARY: The Agricultural Marketing Service (AMS) is increasing current

fees for laboratory testing services for agricultural commodities.

Without the fee increase, anticipated revenue would not cover program

costs. This rule includes additional tests for various commodity

products and removes test time allotments. Time allotments serve no

useful purpose since they no longer represent test times accurately

because of the development of numerous new analytical procedures.

EFFECTIVE DATE: May 4, 1998.

FOR FURTHER INFORMATION CONTACT: James V. Falk, Docket Manager, USDA,

AMS, Science and Technology, P.O. Box 96456, Room 3517-South,

Washington, DC 20090-6456; telephone: (202) 690-4089.

SUPPLEMENTARY INFORMATION: This rule has been determined to be not

significant for purposes of Executive Order 12866 and has not been

reviewed by the Office of Management and Budget (OMB).

This rule has been reviewed under Executive Order 12988, Civil

Justice Reform. This action is not intended to have retroactive effect.

This rule will not preempt any State or local laws, regulation, or

policies, unless they present an irreconcilable conflict with this

rule. There are no administrative procedures which must be exhausted

prior to any judicial challenge to this rule or the application of its

provisions.

Regulatory Impact Analysis

Pursuant to requirements set forth in the Regulatory Flexibility

Act (RFA) (5 U.S.C. 601 et seq.), the Administrator of the Agricultural

Marketing Service (AMS) has considered the economic impact of this

action on small entities.

There are more than 300 users of the Science and Technology's

laboratory testing services. Many of these users are small entities

under the criteria established by the Small Business Administration (13

CFR 121.601). The Administrator of AMS determined that this action

would not have a significant economic impact on a substantial number of

these small businesses because only minimal increases to user fees for

laboratory tests for commodities are recommended. Laboratory tests and

services of Science and Technology are provided to these businesses on

a voluntary basis and any decision on their part to discontinue the use

of the services and obtain new contracts with other governmental agency

or private laboratories would not hinder the food processors from

marketing their products. In fiscal year 1996, the Science and

Technology laboratory revenues exceeded obligatory costs by only

$101,000. The decline in revenue from the fiscal year 1995 level of

$907,000 was due to a decrease in the requested dairy product testing

at the Science and Technology Midwestern Laboratory in Chicago,

Illinois. For fiscal year 1997 Science and Technology reported a

$332,000 deficit at the current fee level because there were additional

revenue declines with the analyzing of all other commodities at our

laboratories. In 1997 Science and Technology incurred revenue losses

from 1996 levels of $216,000 and $449,000 respectively from poultry and

tobacco product testing. In addition, the aflatoxin testing program net

governmental receipts available to cover administrative costs and

authorized appropriation outlays declined from $79,000 in 1996 to

$14,000 in 1997. This is a consequence of the increased number of

Peanut Administrative Committee (PAC) approved private laboratories

that handle required aflatoxin analyses of peanuts. In recent years

Science and Technology has voluntarily closed aflatoxin testing

facilities at Camilla and Ashburn, Georgia. This was a streamlining

measure to reduce Federal program costs and to restructure the

Laboratory Program to improve efficiency of operations and

responsiveness of services. The Laboratory Program ended fiscal year

1997 with an operating reserve of $3,261,000 which provides a reserve

balance below the 6 month reserve appropriate under normal operating

conditions. The AMS estimates that overall this rule would yield

additional laboratory testing program revenues of $694,000 during

fiscal year (FY) 1998. Without the fee increase, anticipated revenue

would not cover program costs. Projected FY 1998 laboratory revenues

are $5,616,000 with obligatory costs projected at $6,276,000. Trust

fund balances would be below the required 4 month reserve levels. With

a fee increase, projected FY 1998 revenues would be $6,310,000 with

obligatory costs projected at $6,276,000. The laboratory fees in the

general schedules will increase by approximately 6 percent. These fees

are competitive to the fees found in price lists distributed by private

laboratories. Furthermore, users of Science and Technology testing

services are under no obligation to use them. This final rule action

updates lists of laboratory tests and services contained in certain

sections of the regulations. In addition, the fees for the specialized

and required aflatoxin testing of nuts and their products have

increases ranging from 6 to 21 percent.

Paperwork Reduction Act

In accordance with the provisions of the Paperwork Reduction Act of

1980, as amended on May 22, 1995 (44 U.S.C. Chapter 35; Pub. L. 104-13

Sec. 2), the information collection requirements contained in the

provisions to be updated have been previously approved by the Office of

Management and Budget.

No additional recordkeeping requirements are imposed as a result of

this rule.

Background

On August 9, 1993, AMS published a rule in the Federal Register (58

FR 42408-42448) to combine all AMS regulations concerning laboratory

services. The goal was to consolidate and to transfer existing

laboratory testing programs operating independently under the various

commodity programs (Cotton, Poultry, Fruit and Vegetable, Tobacco,

Dairy, and Livestock and Seed) to its Science and Technology program,

formerly the Science Division. The rule included fees charged for

testing and related services under the diversified Science and

Technology programs and set the hourly analytical testing rate at

$34.20 per hour. On May 10, 1994, an interim final rule was published

in the Federal Register (59 FR 24318-24325) which was finalized on

September 30, 1994 (59 FR 50120-50122) and which reduced Science and

Technology laboratory testing fees for certain dairy products and

established additional tests with fees for dairy products for

incorporation into existing schedules.

The Science and Technology laboratory testing programs are mainly

voluntary, user fee services, conducted under the authority of the

Agricultural Marketing Act of 1946, as amended. However under certain

programs such as those involving peanuts, aflatoxin testing is

required. The Act authorizes the Secretary of Agriculture to provide

Federal analytical testing services that facilitate marketing and allow

products to obtain grade designations or meet marketing standards. In

addition, the

[[Page 16371]]

laboratory tests establish quality standards for agricultural

commodities. The Act also requires that reasonable fees be collected

from the users of the services to cover as nearly as possible the costs

of maintaining the programs.

Science and Technology is revising its list of testing services

available due to changes in analytical methodologies and customer

service needs. Under this rule, new laboratory tests are added to the

tables in Part 91 as follows: (1) heavy metal screen, (2) niacin, (3)

odor, (4) vitamin B-1 (thiamin), (5) vitamin B-2 (riboflavin), (6)

capsaicin (hot sauce), (7) color (apparent-visual), (8) extractable

color in spices, (9) hydroxymethylfurfural (honey), (10) linolenic

acid, (11) overrun for whipping topping, (12) pH--quinhydrone (cheese),

(13) serum drainage for whipped topping, (14) rate of wetting (nondairy

creamer), (15) reducing sugars, (16) Bacillus cereus, (17)

Lactobacillus count, (18) Salmonella enumeration (complete test), (19)

Salmonella typhi (meat products), and (20) parasite identification. The

direct microscopic clump count (DMCC) test is removed from Table 5 in

Part 91 because it is analogous to the bacterial direct microscopic

count test. Certain other laboratory tests are removed from the tables

in Part 91 because there have been few, if any, requests for these

tests in recent years. These outmoded laboratory tests are fat by

specific gravity, moisture by Karl Fischer, and proteolytic count

(dairy products). Four existing laboratory test fees in the tables of

Part 91 are reduced corresponding to reduced analysis time and lowered

equipment cost associated with utilizing revised methodology. The

cholesterol test fee is lowered from $171.00 to $90.65. The available

carbon dioxide test fee is reduced from $136.80 to $54.39. The jelly

strength (bloom) test fee is reduced from $85.50 to $54.39. The water

activity test is changed from $136.80 to $27.20.

In its analysis of projected costs for fiscal years 1997 and 1998,

AMS has identified increases in the costs of providing laboratory

testing services despite declining revenues. The total Laboratory

Program obligations in FY 1996 were $5,963,000 while the program

operating costs were $6,032,000 in FY 1997 with current fees. These

cost increases are attributable mainly (65 percent of total operating

budget or $3,684,000 in 1997) to national and locality pay raises and

increased benefit costs for Federal employees. A general and locality

salary increase for Federal employees, ranging from 3.09 to 6.25

percent depending on locality, effective January 1995, a general and

locality salary increase for Federal employees, ranging from 2.39 to

2.89 percent depending on locality, effective January 1996, and an

additional salary increase, ranging from 3.30 to 6.26 percent depending

on localities, effective January 1997, has materially affected the

costs of laboratory programs. Current and estimated demand for the

laboratory services are also factored in the fee revisions. Since

Science and Technology's last fee increase in August 1993 (58 FR 42408)

total annual revenue of the laboratories has decreased from $6.2

million to $5.6 million. Major factors affecting these revenue losses

include industry's implementation of plant and in-house testing,

cutbacks in dairy support and procurement programs, and reduction in

USDA food assistance programs due to re-engineering involving State and

local governments. It is anticipated that during this fiscal year, at

the current fee levels, the Science and Technology will not have

sufficient revenue to sustain present staffing levels, to cover

equipment and material cost increases, and to still maintain an

adequate reserve balance of $2.7 million or a minimum 4 months reserve

called for by Agency policy and prudent financial management.

The AMS laboratory testing programs are voluntary, user fee

services, conducted under the authority of the Agricultural Marketing

Act of 1946, as amended. The Act requires that reasonable fees be

collected from the users of these services to cover, as nearly as

practicable, the costs of maintaining the programs. A recent review of

the current fee schedules, effective since September 30, 1994 (59 FR

50120--50122), revealed that anticipated revenue would not adequately

cover increasing program costs. Without a fee increase, projected FY

1998 revenues for laboratory services are $5,616,000 with obligatory

costs projected at $6,276,000. Accordingly, Science and Technology is

increasing by 6 percent the currently listed laboratory fees in Tables

1 through 5 and in Tables 7 through 8 in Part 91. The standard hourly

rate will be increased from $34.20 to $36.26 (6 percent). In addition,

the laboratory rate for appeals, holiday and overtime service will be

raised from $51.30 to $54.39 per analysis hour.

The fees and charges in Part 96 involved with the official grading

of any lot of cottonseed will also increase by 6 percent. These fee

increases are needed because of a statistical based cottonseed lot size

study by Science and Technology in 1992 and the consequential revision

of rule 135, section 5 of the Trading Rules of the National Cottonseed

Products Association. The trade association's rule allows licensed

cottonseed samplers under AMS's supervision to increase the maximum

cottonseed lot size from 150 to 300 tons to obtain a representative

official cottonseed sample when prevailing environmental conditions

during a period of 3 consecutive days do not compromise the quality of

graded cottonseed. This resulted in a corresponding yearly reduction of

the total number of official cottonseed samples subject to analytical

chemical methods to derive a composite official grade designation. Even

though the cottonseed chemist licensing program costs have been lowered

in recent years, the loss of revenue resulting from the decreased

issuance of the official cottonseed grading certificates has been

substantial. Therefore, the Agency revises the certificate fee charged

for official analysis and cottonseed grade determination from $3.00 per

certificate, issued by the chemist, to $3.18. The application fee for a

chemist's license will be raised from $1,100.00 to $1,166.00 for the

examination, while the fee for renewal of the license will be increased

from $275.00 to $292.00.

The laboratory fees for aflatoxin analyses in Table 6 in Part 91

will be increased or decreased depending on the commodity type or

analytical method utilized. The cost of analyzing shelled peanuts by

high performance liquid chromatography (HPLC) will be decreased from

$50.00 to $31.00 per single analysis because automated HPLC equipment

is being used now in the laboratory. Other aflatoxin test fees will

increase by 6 to 21 percent because there are corresponding increased

costs of the expendable supplies and materials to perform these

analyses.

The rule will remove the time allotments for single tests in Tables

1 through 7 in Part 91. The time allotments stated in the prior rules

and regulations of the Science and Technology (58 FR 42415, August 9,

1993 and 59 FR 50121, September 30, 1994) are no longer applicable

because of the recent approval of automated equipment and rapid

procedures for many of the listed tests. This new technology comes with

increased expenses in specialized supplies and materials required to

perform the requested analyses.

A proposed rule to make revisions to the current fee schedules was

published in the Federal Register on October 28, 1997 (62 FR 56036-

56043). Interested persons were given until November 28, 1997 to submit

comments. During the

[[Page 16372]]

30-day comment period only one letter of comment was received. The

letter came from a trade association which represents grain, feed and

oilseed processing facilities throughout the United States. While the

commenter recognized that fee increases may be necessary from time to

time, it encouraged AMS to continue efforts to provide efficient

service at a competitive price to its customers. The commenter went on

to state such efforts should include new and innovative ways to deliver

service without degrading quality. AMS has been and continues to look

for innovative ways to improve our efficiency of administering our

science and technology programs.

List of Subjects

7 CFR Part 91

Administrative practice and procedure, Agricultural commodities,

Laboratories, Reporting and recordkeeping requirements

7 CFR Part 93

Agricultural commodities, Citrus fruits, Fruit juices, Fruits,

Laboratories, Nuts, Vegetables

7 CFR Part 96

Administrative practice and procedure, Agricultural commodities,

Laboratories, Reporting and recordkeeping requirements

For the reasons set forth in the preamble, Chapter I of Title 7 of

the Code of Federal Regulations is amended 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.

Subpart I--Fees and Charges

2. In Sec. 91.37, paragraph (a) is amended by revising Tables 1

through 8, paragraph (b) is revised, and paragraph (d) is added to read

as follows:

Sec. 91.37 Fees for laboratory testing, analysis, and other services.

* * * * *

(a) * * *

Table 1--Single Test Laboratory Fees for Proximate Analyses

------------------------------------------------------------------------

Type of analysis List fee

------------------------------------------------------------------------

Ammonia, Ion Selective Electrode........................... $81.59

Ash, Total................................................. 36.26

Ash, Acid Insoluble........................................ 54.39

Chloride, Salt Titration (Dairy)........................... 18.13

Fat, Acid Hydrolysis....................................... 36.26

Fat, Acid Hydrolysis (Cheese).............................. 36.26

Fat (Dairy Products except Cheese)......................... 18.13

Fat, Ether Extraction...................................... 36.26

Fat, Microwave--Solvent Extraction......................... 36.26

Fiber, Crude............................................... 72.52

Moisture, Distillation..................................... 36.26

Moisture, Oven............................................. 18.13

Protein, Kjeldahl.......................................... 72.52

Protein, Combustion........................................ 72.52

Salt, Back Titration....................................... 27.20

Salt, Potentiometric....................................... 18.13

------------------------------------------------------------------------

Table 2.--Single Test Laboratory Fees for Lipid Related Analyses

------------------------------------------------------------------------

Type of analysis List fee

------------------------------------------------------------------------

Acid Degree Value (Dairy).................................. $36.26

Acidity, Titratable........................................ 9.07

Carotene, Spectrophotometric............................... 90.65

Catalase Test.............................................. 18.13

Cholesterol 1.............................................. 90.65

Color (Honey).............................................. 18.13

Color, NEPA (Eggs)......................................... 36.26

Consistency, Bostwick (Cooked)............................. 18.13

Consistency, Bostwick (Uncooked)........................... 18.13

Density (Specific Gravity)................................. 9.07

Dispersibility (Moates-Dabbah method)...................... 18.13

Fat Stability,2 AOM........................................ 36.26

Fatty Acid Profile (AOAC-GC method)........................ 145.04

Flash Point Test only...................................... 72.52

Free Fatty Acids........................................... 18.13

Meltability (Process Cheese)............................... 18.13

Peroxidase Test............................................ 18.13

Peroxide Value............................................. 27.20

Smoke Point Test only...................................... 72.52

Smoke Point and Flash Point................................ 126.91

Solids, Total (Oven Drying)................................ 18.13

Soluble Solids, Refractometer.............................. 18.13

------------------------------------------------------------------------

\1\ Moisture and fat analyses are required to be analyzed at an

additional cost as prerequisites to the cholesterol test.

\2\ Peroxide value analysis is required as a prerequisite to the fat

stability test at the additional fee.

Table 3.--Single Test Laboratory Fees for Food Additives (Direct and

Indirect)

------------------------------------------------------------------------

Type of analysis List fee

------------------------------------------------------------------------

Aflatoxin, (Dairy, Eggs)................................... $126.91

Alar or Daminozide Residue................................. 217.56

Amitraz Residue, GLC....................................... 217.56

Alcohol (Qualitative)...................................... 72.52

Alkalinity of Ash.......................................... 54.39

Antibiotic, Qualitative (Dairy)............................ 18.13

Antibiotic, Quantitative 1................................. 398.86

Ascorbates (Qualitative--Meats)............................ 18.13

Ascorbic Acid, Titration................................... 36.26

Ascorbic Acid, Spectrophotometric.......................... 36.26

Benzene, Residual.......................................... 72.52

Brix, Direct Percent Sucrose............................... 18.13

Brix, Dilution............................................. 18.13

Butylated Hydroxyanisole (BHA)............................. 54.39

Butylated Hydroxytoluene (BHT)............................. 54.39

Caffeine, Micro Bailey-Andrew.............................. 54.39

Caffeine, Spectrophotometric............................... 36.26

Calcium.................................................... 54.39

Citric Acid, GLC or HPLC................................... 54.39

Chlorinated Hydrocarbons:

Pesticides and Industrial Chemicals--

Initial Screen..................................... 145.04

Second Column Confirmation of Analyte.............. 36.26

Confirmation on Mass Spectrometer (Per Residue).... 72.52

Dextrin (Qualitative)...................................... 18.13

Dextrin (Quantitative)..................................... 108.78

Filth, Heavy (Dairy)....................................... 90.65

Filth, Heavy (Eggs)........................................ 145.04

Filth, Light (Eggs)........................................ 90.65

Filth, Light & Heavy (Eggs Extraneous)..................... 217.56

Flavor (Dairy)............................................. 9.07

Flavor (Products except Dairy)............................. 27.20

Fumigants:

Initial Screen--

Dibromochloropropane (DBCP)........................ 36.26

Ethylene Dibromide................................. 36.26

Methyl Bromide..................................... 36.26

Confirmation on Mass Spectrometer--

Each individual fumigant residue................... 72.52

Glucose (Qualitative)...................................... 27.20

Glucose (Quantitative)..................................... 63.46

Glycerol (Quantitative).................................... 108.78

Gums....................................................... 108.78

Heavy Metal Screen 2....................................... 317.28

High Sucrose Content or Avasucrol--

Percent Sucrose (Holland Eggs)......................... 145.04

Hydrogen Ion Activity, pH.................................. 18.13

Mercury, Cold Vapor AA..................................... 90.65

Metals--Other Than Heavy, Each Metal....................... 72.52

Monosodium Dihydrogen Phosphate............................ 145.04

Monosodium Glutamate....................................... 145.04

Niacin..................................................... 72.52

Nitrites (Qualitative)..................................... 18.13

Nitrites (Quantitative).................................... 108.78

Oxygen..................................................... 18.13

Odor....................................................... 9.07

Palatability and Odor:

First Sample........................................... 27.20

Each Additional Sample................................. 18.13

Phosphatase, Residual...................................... 36.26

Phosphorus................................................. 72.52

Propylene Glycol, Codistillation:

(Qualitative).......................................... 72.52

[[Page 16373]]

Pyrethrin Residue (Dairy).................................. 145.04

Scorched Particles......................................... 9.07

Sodium, Potentiometric..................................... 36.26

Sodium Benzoate, HPLC...................................... 54.39

Sodium Lauryl Sulfate (SLS)................................ 290.08

Sodium Silicoaluminate (Zeolex)............................ 72.52

Solubility Index........................................... 18.13

Starch, Direct Acid Hydrolysis............................. 108.78

Sugar, Polarimetric Methods................................ 36.26

Sugar Profile, HPLC-- 3

One type sugar from HPLC profile....................... 108.78

Each additional type sugar............................. 18.13

Sugars, Non-Reducing....................................... 108.78

Sugars, Total as Invert.................................... 72.52

Sulfites (Qualitative)..................................... 27.20

Sulfur Dioxide, Direct Titration........................... 36.26

Sulfur Dioxide, Monier-Williams............................ 54.39

Toluene, Residual.......................................... 72.52

Triethyl Citrate, GC (Quantitative)........................ 36.26

Vitamin A.................................................. 90.65

Vitamin A, Carr-Price (Dry Milk)........................... 45.33

Vitamin B-1 (Thiamin)...................................... 72.52

Vitamin B-2 (Riboflavin)................................... 72.52

Vitamin D, HPLC (Vitamins D2 and D3)....................... 308.21

Whey Protein Nitrogen...................................... 27.20

Xanthydrol Test For Urea................................... 54.39

This is an optional test to the extraneous materials

isolation test.

------------------------------------------------------------------------

1 Antibiotic testing includes tests for chlorotetracycline,

oxytetracycline, and tetracycline.

2 Heavy metal screen includes tests for cadmium, lead, and mercury.

3 This profile includes the following components: Dextrose, Fructose,

Lactose, Maltose and Sucrose.

Table 4.--Single Test Laboratory Fees for Other Chemical and Physical

Component Analyses

------------------------------------------------------------------------

Type of analysis List fee

------------------------------------------------------------------------

Available Carbon Dioxide (Baking Powders).................. $54.39

Capsaicin (Hot Sauce)...................................... 72.52

Color, Apparent-Visual..................................... 9.07

Complete Kohman Analysis (Dairy)........................... 36.26

Extractable Color in Spices................................ 18.13

Grape Juice Absorbancy Ratio............................... 18.13

Hydroxymethylfurfural (Honey).............................. 36.26

Jelly Strength (Bloom)..................................... 54.39

Linolenic Acid............................................. 72.52

Methyl Anthranilate........................................ 36.26

Net Weight (Per Can)....................................... 9.07

Non-Volatile Methylene Chloride Extract.................... 90.65

Overrun for Whipped Topping................................ 27.20

Particle Size (Ether Wash)................................. 18.13

pH--Quinhydrone (Cheese)................................... 18.13

Potassium Iodide (Table Salt).............................. 54.39

Quinic Acid (Cranberry Juice).............................. 63.46

Serum Drainage for Whipped Topping......................... 18.13

Sieve or Particle Size..................................... 18.13

Rate of Wetting (Nondairy Creamer)......................... 18.13

Reducing Sugars............................................ 72.52

Water Activity............................................. 27.20

Water Insoluble Inorganic Residues (WIIR).................. 72.52

Yellow Onion Test.......................................... 27.20

------------------------------------------------------------------------

Table 5.--Single Test Laboratory Fees for Microbiological Analyses

------------------------------------------------------------------------

Type of analysis List fee

------------------------------------------------------------------------

Aerobic (Standard) Plate Count............................. $18.13

Anaerobic Bacterial Plate Count............................ 27.20

Bacillus cereus ........................................... 72.52

Bacterial Direct Microscopic Count......................... 36.26

Campylobacter jejuni ...................................... 145.04

Coliform Plate Count (Dairy Products)...................... 18.13

Coliform Plate Count, Violet Red Bile Agar (Presumptive

Coliform Plate Count)..................................... 27.20

Coliforms, Most Probable Number (MPN): 1

Step 1................................................. 27.20

Step 2................................................. 27.20

E. coli, Presumptive MPN (Additional) 2.................... 54.39

Enterococci Count.......................................... 108.78

Lactobacillus Count 3...................................... 45.33

Listeria monocytogenes Confirmation Analysis: 4

Step 1................................................. 54.39

Step 2................................................. 54.39

Step 3 (Confirmation).................................. 90.65

Parasite Identification.................................... 145.04

Psychrotrophic Bacterial Plate Count....................... 27.20

Salmonella (USDA Culture Method): 5

Step 1 (Dairy Products)................................ 36.26

Step 1................................................. 54.39

Step 2................................................. 27.20

Step 3 (Confirmation).................................. 54.39

Serological Typing (Optional).......................... 90.65

Salmonella Enumeration (Complete Test)..................... 108.78

Salmonella (Rapid Methods): 6

Step 1................................................. 72.52

Step 2................................................. 27.20

Step 3 (Confirmation).................................. 54.39

Salmonella typhi (Meat Products) 7......................... 36.26

Staphylococcus aureus, MPN:

With Coagulase Positive Confirmation................... 63.46

Thermoduric Bacterial Plate Count.......................... 27.20

Yeast and Mold Count....................................... 18.13

Yeast and Mold Differential Plate Count.................... 27.20

------------------------------------------------------------------------

1 Coliform MPN analysis may be in two steps as follows:

Step 1--presumptive test through lauryl sulfate tryptose broth;

Step 2--confirmatory test through brilliant green lactose bile broth.

2 Step 1 of the coliform MPN analysis is a prerequisite for the

performance of the presumptive E. coli test. Prior enrichment in

lauryl sulfate tryptose broth is required for optimal recovery of E.

coli from inoculated and incubated EC broth (Escherichia coli broth).

The E. coli test is performed through growth on eosin methylene blue

agar. The fee stated for E. coli analysis is a supplementary charge to

step 1 of coliform test.

3 Determination of bacterial plate count of different species of

Lactobacillus.

4 Listeria monocytogenes test using the USDA method may be in three

steps as follows: Step 1--isolation by University of Vermont modified

(UVM) broth and Fraser's broth enrichments and selective plating with

Modified Oxford (MOX) agar; Presumptive Step 2--typical colonies

inoculated from Horse Blood into brain heart infusion (BHI) broth and

check for characteristic motility; Confirmatory Step 3--culture from

BHI broth with typical motility is inoculated into the seven

biochemical medias, BHI agar for oxidase and catalase tests, Motility

test medium, and Christie-Atkins-Munch-Peterson (CAMP) test.

Listeria monocytogenes test using the FDA method may be in three steps

as follows: Step 1--isolation by trypticase soy broth with 0.6% yeast

extract (TSB-YE) broth enrichment and selective plating with Modified

McBrides agar and Lithium chloride Phenylethanol Moxalactam (LPM)

agar; Presumptive Step 2--typical colonies inoculated to trypticase

soy agar with yeast extract (TSA-YE) with sheep blood plates to check

for hemolysis followed by inoculations to BHI broth and TSA-YE plates

to check for characteristic motility, gram stain and catalase test;

Confirmatory Step 3--culture from BHI broth with typical motility for

wet mount is inoculated into the required 10 biochemical medias,

Sulfide-Indole-Motility (SIM) medium, and the CAMP test Serology is

checked using growth from TSA-YE plates.

Both methods for Listeria determination have the equivalent time needed

for each step.

5 Salmonella test may be in three steps as follows: Step 1--growth

through differential agars; Step 2--growth and testing through triple

sugar iron and lysine iron agars; Step 3--confirmatory test through

biochemicals, and polyvalent serological testing with Poly ``O'' and

Poly ``H'' antiserums. The serological typing of Salmonella is

requested on occasion.

6 Salmonella test may be in three steps as follows: Step 1--growth in

enrichment broths and ELISA test or DNA hybridization system assay;

Step 2--growth and testing through triple sugar iron and lysine iron

agars; Step 3--confirmatory test through biochemicals, and polyvalent

serological testing with Poly ``O'' and Poly ``H'' antiserums.

7 Salmonella typhi determination in mechanically deboned meat.

[[Page 16374]]

Table 6.--Laboratory Fees for Aflatoxin Analyses

------------------------------------------------------------------------

Fee per Fee per

Aflatoxin test by commodity single pair

analysis analyses

-----------------------------------------------------------------\1\----

Peanut Butter (TLC--CB--Affinity Column)...... $ 36.26 \2\NA

Corn (TLC--CB--Affinity Column)............... 36.26 NA

Roasted Peanuts (TLC--BF)..................... 36.26 NA

Brazil Nuts (TLC--BF)......................... 72.52 NA

Pistachio Nuts (TLC--BF)...................... 72.52 NA

Shelled Peanuts (TLC--Affinity Column)........ 17.00 34

Shelled Peanuts (HPLC)........................ 31.00 62

Tree Nuts (TLC)............................... 36.26 NA

Oilseed Meals (TLC)........................... 36.26 NA

Edible Seeds (TLC)............................ 36.26 NA

Dried Fruit (TLC)............................. 36.26 NA

Small Grains (TLC)............................ 36.26 NA

In-Shell Peanuts (TLC)........................ 17.00 34

Silage; Other Grains (TLC).................... 36.26 NA

Submitted Samples (TLC--Affinity Column)...... 36.26 NA

------------------------------------------------------------------------

\1\ Aflatoxin testing of raw peanuts under Peanut Marketing Agreement

for subsamples 1-AB, 2-AB, 3-AB, and 1-CD is $34.00 per pair of

analyses using Thin-Layer Chromatography (TLC) and Best Foods (BF)

extraction or immunoaffinity column chromatography method. The BF

method has been modified to incorporate a water slurry extraction

procedure. The Contaminants Branch (CB) method is used on occasion as

an alternative method for peanuts and peanut meal when doubt exists as

to the effectiveness of the Best Foods method in extracting aflatoxin

from the sample or when background interferences exist that might mask

TLC quantitation of aflatoxin. The cost per single or pair of analyses

using High Pressure Liquid Chromatography (HPLC) is $31.00 and $62.00,

respectively. Other aflatoxin analyses for fruits and vegetables are

listed at Science and Technology Division's current hourly rate of

$36.26.

\2\ NA denotes not applicable.

Table 7.--Miscellaneous Charges Supplemental to the Science and

Technology Division's Laboratory Analysis Fees

------------------------------------------------------------------------

Laboratory service description List fee

------------------------------------------------------------------------

Sample Grinding Raw Peanuts by Vertical Cutter Mixer (VCM). $ 18.13

Sample Grinding Canned Boned Poultry (VCM)................. 36.26

Sample Grinding (Meats, Meat Products, Meals, Ready-to-

Eat):

per pouch or raw sample................................ 9.07

per tray pack.......................................... 18.13

Compositing Multiple Subsamples for an Individual Test

Sample Unit per subsample................................. 9.07

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Table 8--Additional Charges Applicable to the Sample Receipt and Analysis Report

----------------------------------------------------------------------------------------------------------------

Service description List charge

----------------------------------------------------------------------------------------------------------------

Established Courier Expense at Albany, $2.15.

Georgia S&TD Laboratory.

Courier Expense at Other AMS Varies.

Laboratories: Mileage Charge Set at

$0.31 Per Mile Roundtrip from

Laboratory to Delivery Site.

Facsimile Charge (Per Analysis Report). $3.20 minimum up to first 3 pages, then $1.10 per page.

Additional Analysis Report or Extra $18.13 per report or certificate reissued.

Certificate (\1/2\ hour charge).

----------------------------------------------------------------------------------------------------------------

(b) The fee charge for any laboratory analysis not listed in

paragraph (a) of this section, or for any other applicable services

rendered in the laboratory, shall be based on the time required to

perform such analysis or render such service. The standard hourly rate

shall be $36.26.

* * * * *

(d) When Science and Technology Division provides applied and

developmental research and training activities for microbiological and

chemical analyses on agricultural commodities the applicant will be

charged a fee on a reimbursable cost basis.

3. Section 91.38 is revised to read as follows:

Sec. 91.38 Additional fees for appeal of analysis.

(a) The appellant will be charged an additional fee at a rate of

1.5 times the standard rate stated in paragraph (a) of Sec. 91.37 if,

as a result of an authorized appeal analysis, it is determined that the

original test results are correct. The appeal laboratory rate is $54.39

per analysis hour.

(b) The appeal fee will be waived if the appeal laboratory test

discloses that an inadvertent error was made in the original analysis.

4. In Sec. 91.39, paragraph (a) is revised to read as follows:

Sec. 91.39 Special request fees for overtime and legal holiday

service.

(a) Laboratory analyses initiated at the special request of the

applicant to be rendered on Saturdays, Sundays, Federal holidays, and

on an overtime basis will be charged at a rate of 1.5 times the

standard rate stated in Sec. 91.37 (a). The premium laboratory rate for

holiday and overtime service will be $54.39 per analysis hour.

* * * * *

5. In Sec. 91.40, paragraph (a) is revised to read as follows:

[[Page 16375]]

Sec. 91.40 Fees for courier service and facsimile of the analysis

report.

(a) The AMS peanut aflatoxin laboratory at Albany, Georgia, has a

set courier charge of $2.15 per trip to retrieve the sample package.

The mileage charge specified in Table 8 of Sec. 91.37 for courier

service at other AMS laboratories is based on the shortest roundtrip

route from laboratory to sample retrieval site.

* * * * *

PART 93--PROCESSED FRUITS AND VEGETABLES

1. The authority citation for part 93 continues to read as follows:

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

2. In Sec. 93.11, the definition for aflatoxin is revised to read

as follows:

Sec. 93.11 Definitions.

* * * * *

Aflatoxin. A toxic metabolite produced by the molds Aspergillus

flavus, Aspergillus parasiticus, and Aspergillus nomius. The aflatoxin

compounds fluoresce when viewed under UV light as follows: aflatoxin

B1 and derivatives with a blue fluorescence, aflatoxin

B2 with a blue-violet fluorescence, aflatoxin G1

with a green fluorescence, aflatoxin G2 with a green-blue

fluorescence, aflatoxin M1 with a blue-violet fluorescence,

and aflatoxin M2 with a violet fluorescence. These closely

related molecular structures are referred to as aflatoxin

B1, B2, G1, G2,

M1, M2, GM1, B2a,

G2a, R0, B3, 1-

OCH3B2, and 1-CH3G2.

* * * * *

3. In Sec. 93.12, paragraph (b)(1) is revised to read as follows:

Sec. 93.12 Analyses available and locations of laboratories.

* * * * *

(b) * * * (1) The Science and Technology Division Aflatoxin

Laboratories at Albany and Blakely, Georgia will perform other analyses

for peanuts, peanut products, and a variety of oilseeds. The analyses

for oilseeds include testing for free fatty acids, ammonia, nitrogen or

protein, moisture and volatile matter, foreign matter, and oil (fat)

content.

* * * * *

PART 96--COTTONSEED SOLD OR OFFERED FOR SALE FOR CRUSHING PURPOSES

(CHEMICAL ANALYSIS AND UNITED STATES OFFICIAL GRADE CERTIFICATION)

1. The authority citation for part 96 continues to read as follows:

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

2. Section 96.20 is revised to read as follows:

Sec. 96.20 Fee for chemist's license.

(a) The fee for the examination of an applicant for a license as a

chemist to analyze and certify the grade of cottonseed shall be

$1,166.00.

(b) The examination fee shall be paid at the time the application

is filed or at a time prior to the administration of the examinations.

This fee shall be paid regardless of the outcome of the licensing

examinations. The examination fee shall be nonrefundable to the

applicant; however, in the event of death of the applicant prior to the

examination, full payment of the fee may be returned to the applicant's

beneficiary. If an application is filed with an insufficient fee, the

application and fee submitted will be returned to the applicant.

(c) For each renewal of a chemist's license, the fee shall be

$292.00.

3. In Sec. 96.21, paragraph (a) is revised to read as follows:

Sec. 96.21 Fee for certificates to be paid by licensee to Service.

(a) To cover the cost of administering the regulations in this

part, each licensed cottonseed chemist shall pay to the Service $3.18

for each certificate of the grade of cottonseed issued by the licensee.

* * * * *

Dated: March 27, 1998.

Kenneth C. Clayton,

Acting Administrator, Agricultural Marketing Service.

[FR Doc. 98-8645 Filed 4-1-98; 8:45 am]

BILLING CODE 3410-02-P