[Federal Register Volume 59, Number 118 (Tuesday, June 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15035]


[[Page Unknown]]

[Federal Register: June 21, 1994]


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DEPARTMENT OF AGRICULTURE
9 CFR Part 92

[Docket No. 93-073-2]

 

Quarantine Fee for Horses, Ruminants, and Swine

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations to require importers of 
horses, ruminants, and swine wishing to use a United States Department 
of Agriculture quarantine facility to pay a reservation fee covering 
100 percent of the estimated cost of care, feed, and handling of the 
animals. This requirement will protect the Department from financial 
losses in the event an importer places animals in quarantine and then 
fails to pay outstanding bills.

EFFECTIVE DATE: July 21, 1994.

FOR FURTHER INFORMATION CONTACT: Dr. Samuel Richeson, Senior Staff 
Veterinarian, Import-Export Animals Staff, Veterinary Services, APHIS, 
USDA, room 764, Federal Building, 6505 Belcrest Road, Hyattsville, MD 
20782, (301) 436-8170.

SUPPLEMENTARY INFORMATION:

Background

    The animal import regulations contained in 9 CFR part 92 (referred 
to below as the regulations) govern the importation of certain animals 
into the United States, and require certain animals to be quarantined 
in the United States as part of their importation. The regulations in 
Secs. 92.304, 92.404, and 92.504 require importers to pay a reservation 
fee covering 25 percent of the estimated cost of care, feed, and 
handling of horses, ruminants, and swine, respectively, to be 
quarantined in U.S. Department of Agriculture (USDA) facilities. The 
fee may not exceed $2,500.
    On September 14, 1993, we published in the Federal Register (58 FR 
48003-48004, Docket No. 93-073-1) a proposal to amend the regulations 
to require importers of horses, ruminants, and swine wishing to use a 
USDA quarantine facility to pay a reservation fee covering 100 percent 
of the estimated cost of care, feed, and handling of the animals. We 
solicited comments concerning our proposal for a 30-day comment period 
ending October 14, 1993. During that period, we received one comment. 
The comment, from a horse importer, opposed the proposal, arguing that 
it would place an undue economic hardship on horse importers. The 
importer also stated his belief that the majority of horse importers 
have established credit histories with USDA and that this proposal, if 
enacted, would punish those importers for the actions of a few.
    We recognize that raising the quarantine reservation fee to 100 
percent of estimated quarantine costs may inconvenience importers. 
However, based on our experience conducting quarantines at USDA 
facilities, we have discovered that requiring only a partial payment of 
estimated costs prior to quarantine leaves USDA vulnerable to 
significant financial losses in the event importers abandon their 
animals in quarantine facilities.
    For example, in 1993, an importer abandoned at a USDA quarantine 
facility a shipment of camels discovered to be tubercular. Quarantine 
and subsequent destruction of the camels cost USDA over $100,000. We 
were unable to recover any expenses beyond the prepaid maximum 
reservation fee of $2,500, as the importer, who was neither a United 
States citizen nor resident, left the country. There have been several 
other cases in the last few years where USDA lost considerable sums due 
to nonpayment for quarantine services and/or abandonment of animals in 
quarantine. Two cases have involved horse imports; in one case, USDA 
lost more than $30,000, in the other, about $11,000.
    By requiring quarantine reservation fees of 100 percent of 
estimated costs, this action will provide USDA with protection against 
these sorts of financial losses. Though this action undoubtedly will 
inconvenience importers, we believe it is imperative to prevent any 
further loss of Federal resources because of nonpayment for quarantine 
services and/or abandonment of animals in quarantine.

Forfeiture of Quarantine Reservation Fees

    The regulations in Secs. 92.304(a)(3)(iv), 92.404(a)(4)(iv), and 
92.504(a)(4)(iv) require importers to forfeit 100 percent of their 
quarantine reservation fees in the event they fail to present their 
animals for entry at USDA quarantine facilities within 24 hours of the 
designated time of arrival, and if they fail to qualify for any of the 
exemptions from forfeiture specified in the regulations. This action 
does not revise those regulations. However, animal importers failing to 
present their animals as required will stand to forfeit a larger sum 
since this action raises the quarantine fee from 25 percent to 100 
percent of estimated quarantine costs. Increasing the possible 
forfeiture amount hopefully will deter importers from frivolously 
reserving quarantine space and will further protect USDA from financial 
losses in the event we reserve space at a quarantine facility for an 
importer who fails to present his animals for quarantine.
    Therefore, based on the rationale set forth in the proposed rule 
and in this document, we are adopting the provisions of the proposal as 
a final rule.

Executive Order 12866 and Regulatory Flexibility Act

    This final rule has been reviewed under Executive Order 12866. The 
rule has been determined to be not significant for purposes of 
Executive Order 12866, and, therefore, has not been reviewed by the 
Office of Management and Budget.
    Requiring horse, ruminant, and swine importers to pay reservation 
fees covering 100 percent of estimated quarantine costs will have no 
significant economic consequences. Importers will pay the same fees as 
previously required, only sooner.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12778

    This rule has been reviewed under Executive Order 12778, Civil 
Justice Reform. This rule: (1) Preempts all State and local laws and 
regulations that are in conflict with this rule; (2) has no retroactive 
effect; and (3) does not require administrative proceedings before 
parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This final rule contains no information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 
et seq.).

List of Subjects in 92 CFR Part 92

    Animal diseases, Imports, Livestock, Poultry and poultry products, 
Quarantine, Reporting and recordkeeping requirements.

    Accordingly, 9 CFR part 92 is amended as follows:

PART 92--IMPORTATION OF CERTAIN ANIMALS AND POULTRY AND CERTAIN 
ANIMAL AND POULTRY PRODUCTS; INSPECTION AND OTHER REQUIREMENTS FOR 
CERTAIN MEANS OF CONVEYANCE AND SHIPPING CONTAINERS THEREON

    1. The authority citation for part 92 continues to read as follows:

    Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 102-105, 
111, 114a, 134a, 134b, 134c, 134d, 134f, 135, 136, and 136a; 31 
U.S.C. 9701; 7 CFR 2.17, 2.51, and 371.2(d).


Sec. 92.304  [Amended]

    2. In Sec. 92.304, paragraph (a)(3)(i), the second sentence is 
amended by removing ``25'' and adding ``100'' in its place; and the 
third sentence is removed.


Sec. 92.404  [Amended]

    3. In Sec. 92.404, paragraph (a)(4)(i), the second sentence is 
amended by removing ``25'' and adding ``100'' in its place; and the 
third sentence is removed.


Sec. 92.504  [Amended]

    4. In Sec. 92.504, paragraph (a)(4)(i), the second sentence is 
amended by removing ``25'' and adding ``100'' in its place; and the 
third sentence is removed.

    Done in Washington, DC, this 15th day of June 1994.
Lonnie J. King,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-15035 Filed 6-20-94; 8:45 am]
BILLING CODE 3410-34-P