51.38—Basis for fees and rates.

(a) When performing inspections of product unloaded directly from land or air transportation, the charges shall be determined on the following basis:
(1) Quality and condition inspections of products in quantities of 51 or more packages and unloaded from the same air or land conveyance:
(i) $131 ($151, on or after March 1, 2008) for over a half carlot equivalent of an individual product;
(ii) $109 ($125, on or after March 1, 2008) for a half carlot equivalent or less of an individual product;
(iii) $60 ($69, on or after March 1, 2008) for each additional lot of the same product.
(2) Condition only inspection of products each in quantities of 51 or more packages and unloaded from the same land or air conveyance:
(i) $109 ($125, on or after March 1, 2008) for over a half carlot equivalent of an individual product;
(ii) $100 ($115, on or after March 1, 2008) for a half carlot equivalent or less of an individual product;
(iii) $60 ($69, on or after March 1, 2008) for each additional lot of the same product.
(3) For quality and condition inspection and condition only inspection of products in quantities of 50 or less packages unloaded from the same conveyance:
(i) $60 ($69, on or after March 1, 2008) for each individual product:
(ii) $60 ($69, on or after March 1, 2008) for each additional lot of any of the same product. Lots in excess of carlot equivalents will be charged proportionally by the quarter carlot.
(b) When performing inspections of palletized products unloaded directly from sea transportation or when palletized product is first offered for inspection before being transported from the dock-side facility, charges shall be determined on the following basis:
(1) Dock side inspections of an individual product unloaded directly from the same ship:
(i) 3.3 (3.8, on or after March 1, 2008) cents per package weighing less than 30 pounds;
(ii) 5.1 (5.9, on or after March 1, 2008) cents per package weighing 30 or more pounds;
(iii) Minimum charge of $131 ($151, on or after March 1, 2008) per individual product;
(iv) Minimum charge of $60 ($69, on or after March l, 2008) for each additional lot of the same product.
(2) [Reserved]
(c) When performing inspections of products from sea containers unloaded directly from sea transportation or when palletized products unloaded directly from sea transportation are not offered for inspection at dock-side, the carlot fees in “a” of this section shall apply.
(d) When performing inspections for Government agencies, or for purposes other than those prescribed in paragraphs (a) through (c) of this section, including weight-only and freezing-only inspections, fees for inspections shall be based on the time consumed by the grader in connection with such inspections, computed at a rate of $64 ($74, on or after March 1, 2008) per hour;
Provided, that:
(1) Charges for time shall be rounded to the nearest half hour;
(2) The minimum fee shall be two hours for weight-only inspections, and one-half hour for other inspections;
(3) When weight certification is provided in addition to quality and/or condition inspection, a one hour charge shall be added to the carlot fee;
(4) When inspections are performed to certify product compliance for Defense Personnel Support Centers, the daily or weekly charge shall be determined by multiplying the total hours consumed to conduct inspections by the hourly rate. The daily or weekly charge shall be prorated among applicants by multiplying the daily or weekly charge by the percentage of product passed and/or failed for each applicant during that day or week. Waiting time and overtime charges shall be charged directly to the applicant responsible for their incurrence.
(e) When performing inspections at the request of the applicant during periods which are outside the grader's regularly scheduled work week, a charge for overtime or holiday work shall be made at the rate of $33 for overtime and $66 for holiday work ($38 for overtime and $74 for holiday work, on or after March 1, 2008) per hour or portion thereof in addition to the carlot equivalent fee, package charge, or hourly charge specified in this subpart. Overtime or holiday charges for time shall be rounded to the nearest half hour.
(f) When an inspection is delayed because product is not available or readily accessible, a charge for waiting time shall be made at the prevailing hourly rate in addition to the carlot equivalent fee, package charge, or hourly charge specified in this subpart. Waiting time shall be rounded to the nearest half hour.

Code of Federal Regulations

[72 FR 41887 , Aug. 1, 2007]