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  <FDSYS>
    <CFRTITLE>7</CFRTITLE>
    <CFRTITLETEXT>Agriculture</CFRTITLETEXT>
    <VOL>2</VOL>
    <DATE>1999-01-01</DATE>
    <ORIGINALDATE>1999-01-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>Basis for fees and rates.</TITLE>
    <GRANULENUM>51.38</GRANULENUM>
    <HEADING>Section 51.38</HEADING>
    <ANCESTORS>
      <PARENT HEADING="" SEQ="5"/>
      <PARENT HEADING="" SEQ="4"/>
      <PARENT HEADING="SUBCHAPTER C" SEQ="3">REGULATIONS AND STANDARDS UNDER THE AGRICULTURAL MARKETING ACT OF 1946</PARENT>
      <PARENT HEADING="PART 51" SEQ="2">FRESH FRUITS, VEGETABLES AND OTHER PRODUCTS 1, 2 (INSPECTION, CERTIFICATION, AND STANDARDS)</PARENT>
      <PARENT HEADING="Subpart" SEQ="1">Regulations 1</PARENT>
      <PARENT HEADING="" SEQ="0">Schedule of Fees and Charges at Destination Markets</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SECTION>
    <SECTNO>§ 51.38</SECTNO>
    <SUBJECT>Basis for fees and rates.</SUBJECT>
    <P>(a) When performing inspections of product unloaded directly from land or air transportation, the charges shall be determined on the following basis:</P>
    <P>(1) For products in quantities of 51 or more packages:</P>
    <P>(i) Quality and condition inspection of 1 to 4 products unloaded from the same conveyance:</P>
    <P>(A) $86 for over a half carlot equivalent of an individual product.</P>
    <P>(B) $72 for a half carlot equivalent or less of an individual product.</P>
    <P>(C) $14 for each additional lot of the same product.</P>
    <P>(ii) Condition only inspection of 1 to 4 products unloaded from the same conveyance:</P>
    <P>(A) $72 for over a half carlot equivalent of an individual product.</P>
    <P>(B) $66 for a half carlot equivalent or less of an individual product.</P>
    <P>(C) $14 for each additional lot of the same product.</P>
    <P>(iii) Quality and condition inspection and/or condition only inspection of 5 or more products unloaded from the same conveyance:</P>
    <P>(A) $305 for the first 5 products.</P>
    <P>(B) $43 for each additional product.</P>
    <P>(C) $14 for each additional lot of any of the same product.</P>
    <P>(2) For quality and condition inspection and/or condition only inspection of products in quantities of 50 or less packages unloaded from the same conveyance:</P>
    <P>(i) $43 for each individual product.</P>
    <P>(ii) $14 for each additional lot of any of the same product.</P>

    <P>(b) When performing inspections of palletized products unloaded directly from sea transportation or when palletized product is first offered for <PRTPAGE P="345"/>inspection before being transported from the dock-side facility, charges shall be determined on the following basis:</P>
    <P>(1) For each package inspected according to the following rates:</P>
    <P>(i) 1.1 cent per package weighing less than 15 pounds;</P>
    <P>(ii) 2.2 cents per package weighing 15 to 29 pounds; and</P>
    <P>(iii) 3.3 cents per package weighing 30 or more pounds.</P>
    <P>(2) $14 for each additional lot of any of the same product.</P>
    <P>(3) A minimum charge of $86 for each product inspected.</P>
    <P>(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 dockside, the carlot fees in § 51.38(a) shall apply.</P>

    <P>(d) When performing inspections for Government agencies, or for purposes other than those prescribed in the preceding paragraphs, including weight-only and freezing-only inspections, fees for inspection shall be based on the time consumed by the grader in connection with such inspections, computed at a rate of $43 an hour: <E T="03">Provided,</E> That:</P>
    <P>(1) Charges for time shall be rounded to the nearest half hour;</P>
    <P>(2) The minimum fee shall be two hours for weight-only inspections, and one-half hour for other inspections; and</P>
    <P>(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.</P>
    <P>(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.</P>
    <P>(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 $21.50 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.</P>
    <P>(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.</P>
    <CITA>[63 FR 15277, Mar. 31, 1998]</CITA>
  </SECTION>
</CFRGRANULE>
