[Federal Register Volume 60, Number 100 (Wednesday, May 24, 1995)]
[Proposed Rules]
[Pages 27437-27441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12750]



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DEPARTMENT OF AGRICULTURE
7 CFR Part 354

[Docket No. 94-074-1]
RIN 0579-AA68


User Fees--Commercial Aircraft and Vessels; Phytosanitary 
Certificates

AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the user fee regulations by lowering 
the fees charged for certain agricultural quarantine and inspection 
services we provide in connection with the arrival of an international 
commercial aircraft at a port in the customs territory of the United 
States. We are also proposing to amend the user fee regulations by 
raising the fees charged for export certification of plants and plant 
products. We have determined, based on a review of our user fees, that 
the fees must be adjusted to reflect the actual cost of providing these 
services. In addition, we are proposing to amend the user fee 
regulations to clarify the exemption for certain vessels which sail 
only between the United States and Canada.
DATES: Consideration will be given only to comments received on or 
before June 23, 1995.
ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 94-074-1, Regulatory Analysis and Development, PPD, APHIS, 
suite 3CO3, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please 
state that your comments refer to Docket No. 94-074-1. Comments 
received may be inspected at USDA, room 1141, South Building, 14th 
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and 
4:30 p.m., Monday through Friday, except holidays.
FOR FURTHER INFORMATION CONTACT: For information concerning program 
operations, contact Mr. Don Thompson, Staff Officer, Port Operations, 
PPQ, APHIS, 4700 River Road Unit 136, Riverdale, MD 20737-1236, (301) 
734-8295.
    For information concerning rate development, contact Ms. Donna 
Ford, PPQ User Fees Section Head, FSSB, BAD, APHIS, 4700 River Road 
Unit 54, Riverdale, MD 20737-1232, (301) 734-5901.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 7 CFR 354.3 (referred to below as the 
``regulations'') contain provisions for the collection of user fees for 
certain international services provided by the Animal and Plant Health 
Inspection Service (APHIS). In this docket we are proposing to amend 2 
user fees: (1) The user fee for servicing international commercial 
aircraft arriving at ports in the customs territory of the United 
States; and (2) the user fee for certifying plants and plant products 
for export. We are also proposing to clarify the exemption from user 
fees which applies to certain vessels which sail only between the 
United States and Canada. Each amendment is discussed separately below.

International Commercial Aircraft

    One service our user fees cover is the cost of agricultural 
quarantine and inspection (AQI) services provided by APHIS in 
connection with the arrival of an international commercial aircraft at 
a port in the customs territory of the United States. (The customs 
territory of the United States is defined in the regulations as the 50 
States, the District of Columbia, and Puerto Rico.)
    The current user fee for international commercial aircraft became 
effective on January 1, 1993, following the publication of an interim 
rule in the Federal Register on December 31, 1992 (Docket No. 92-148-1, 
57 FR 62468-62473). At that time the fee was set at $61.00. This fee 
was later affirmed in a document published in the Federal Register on 
November 9, 1993 (Docket No. 92-148-2, 58 FR 59354-59356).
    As we have stated in previous proposed and final regulations, we 
intend to monitor our user fees and review them at least annually to 
determine whether the fees should be adjusted. After reviewing the fees 
that were collected in FY 1993 and FY 1994 and calculating our cost and 
revenue projections for FY 1995, we have determined that the fee for 
international commercial aircraft needs to be lowered from $61.00 to 
$53.00 for each arrival. This is necessary to avoid collecting more 
revenue than needed to cover the costs of the services we provide.

Calculation of User Fees for Commercial Aircraft

    To calculate the adjusted user fees for commercial aircraft, we 
determined the total projected cost of providing AQI services in FY 
1995 for international commercial aircraft. The cost of providing these 
services in FY 1993 and FY 1994 served as a basis for calculating our 
projected FY 1995 costs. It is important to note that each year in the 
budget process, Congress limits or specifies how much APHIS can 
withdraw from the AQI User Fee Account. For FY 1993, APHIS was 
authorized to spend $83.3 million. For FY 1994 we were authorized to 
spend $91.6 million, plus $6.9 million to cover additional AQI program 
needs.
    In FY 1992, APHIS established accounting procedures to segregate 
AQI user fee program costs. We published a detailed description of 
these procedures in the Federal Register on December 31, 1992 (57 FR 
62469-62471), as part of a document (Docket No. 92-148-1) amending some 
of our user fees.
    As part of our accounting procedures, we established distinct 
accounting codes to record costs that can be directly related to each 
inspection activity. At the State level and below, the following costs 
are direct-charged to the AQI User Fee Account: Salaries and benefits 
for inspectors and canine officers, supervisors (such as officers-in-
charge) and clerical staff, user-fee-specific equipment, contracts, and 
large supply items such as x-ray equipment or uniforms.
    Other costs that cannot be directly charged to individual accounts 
are charged to ``distributable'' accounts established at the State 
level. The following types of costs are charged to distributable 
accounts: utilities, rent, telephone, vehicles, office supplies, etc. 
The costs in these distributable accounts are prorated (or distributed) 
among all the activities that benefit from the expense, based on the 
ratio of the costs that are directly charged to each activity divided 
by the total costs directly charged to each account at the field level. 
For example, if a State office performs work on domestic programs, AQI 
user fee programs, and AQI appropriated programs, the costs are 
distributed among each program, based on the percentage of the direct 
costs for that activity at the field level that is charged to that 
activity. Costs incurred at the regional, headquarters program staff, 
and agency-level support offices are also prorated to the separate AQI
[[Page 27438]] activities based on the percentage of the costs that 
were directly charged to each activity at the field level, as discussed 
above.
    Under these accounting procedures, we calculated the total cost of 
providing AQI services in FY 1993 and FY 1994 by determining the 
amounts in each direct-charge account, then adding the pro rata share 
of the distributable accounts maintained at the State, regional, 
headquarters, and agency levels. In FY 1993, it cost APHIS 
approximately $13.9 million to provide services to commercial aircraft; 
in FY 1994 the cost was approximately $17.5 million.
    We projected that in FY 1995, it will cost APHIS a total of $18.9 
million to provide inspection services for international commercial 
aircraft. Of this total, $15.7 million is for program delivery costs, 
which are costs incurred at the State level and below. The total also 
includes $1.7 million for a pro rata share of the program direction and 
support costs, as explained above, which include items at the regional 
and headquarters program staff levels. Finally, the total includes $1.5 
million for a pro rata share of agency-level support costs, as 
discussed above, which include activities that support the entire 
agency, such as recruitment and development, legislative and public 
affairs, regulations development, regulatory enforcement, budget and 
accounting services, and payroll and purchasing services. The 
exceptions are costs for billing and collection services, legal 
counsel, and rate development services. These costs are directly 
related to user fee activities, so these costs are directly added to 
the user fee activities they support and are not included in the 
proration of agency-level costs.
    For the commercial aircraft user fee, we also have the authority to 
include an amount that would provide for a reasonable reserve balance 
in the AQI User Fee Account (referred to below as ``the Account''). We 
defined a ``reasonable reserve balance'' as equal to 3 months' normal 
operating expenses. We have now accumulated a reserve balance equal to 
this amount in the Account for international aircraft. Therefore, the 
reserve component of this user fee would be eliminated in our proposed 
fee adjustments.

Volumes

    We estimated the annual number of international commercial aircraft 
that would be subject to inspection. The estimates, which were based on 
our FY 1993 and FY 1994 collection history, were then used as a basis 
for projecting activity volumes for FY 1995.
    A total of 357,442 commercial aircraft were subject to inspection 
during FY 1993. During FY 1993, we revised the aircraft clearance fee 
from $76.75 per arrival to $61.00 per arrival. The decrease became 
effective for all aircraft arriving in the United States on or after 
January 1, 1993. To arrive at the FY 1993 volume for aircraft, we 
divided the first quarter collections (October 1 through December 31, 
1992) of $6,187,047.75 by $76.75, the per arrival fee, for a total 
first quarter volume of 80,613. We divided the 3 remaining quarter 
collections of $16,886,569.00 by $61.00, the revised per arrival fee, 
for a volume total of 276,829 for the remainder of the fiscal year. 
This produced a total FY 1993 volume of 357,442. Our FY 1994, volume 
projection is 350,293. To arrive at the FY 1994 volume for aircraft, we 
divided our projected FY 1994 collections of $21,367,873.00 by $61.00, 
the per arrival fee, for a volume total of 350,293. While the actual 
volume went down in FY 1994, we do not expect that to happen again in 
FY 1995. In fact, in FY 1995 we are projecting a modest volume increase 
of 2 percent. Therefore, we applied a 2 percent increase to the FY 1994 
volume of 350,293 to arrive at a projected FY 1995 commercial aircraft 
volume of 357,299.

Fee Adjustments and Rounding of Fees

    In calculating the adjusted user fees, our final step was to divide 
the sum of the cost of providing service by the projected number of 
international commercial aircraft subject to inspection, thereby 
arriving at a ``raw'' fee.
    For the commercial aircraft user fee, the raw fee was $52.99; 
rounding this fee up to the nearest quarter yields a fee of $53.00. 
Rounding up ensures that the fee would be easy to calculate and 
collect. The lower fee of $53.00 would be sufficient to recover the 
full cost of providing aircraft inspection services, without collecting 
more revenue than needed to cover the costs of the services provided.

Commercial Vessels

    Another AQI service we offer is inspection of commercial vessels of 
100 net tons or more. Certain categories of commercial vessels are 
exempt from paying APHIS user fees under the current regulations. Among 
those is ``any vessel which sails only between United States and 
Canadian ports'' (see current Sec. 354.3(b)(2)(vi)).
    The United States Customs Service (Customs), U.S. Department of the 
Treasury, collects APHIS user fees and remits them to us. Customs has 
requested that we amend our regulations to make it easier for them to 
determine which vessels are exempt from our fees.
    Under our regulations, certain vessels are exempt from paying APHIS 
user fees. Customs must determine, when reviewing the paperwork 
presented for each arriving vessels, which vessels are exempt. In order 
to ensure that they have the necessary information to make this 
determination, Customs has requested that we amend Sec. 354.3(b)(2)(vi) 
of our regulations to require Masters of vessels in the United States-
Canada trade arriving from Canada to certify, in the ``Remarks'' block 
of the General Declaration, Customs Form 1301, that the vessel has 
sailed solely between the United States and Canada for the previous 2 
years.
    The proposed certification would be placed in a document which 
vessels arriving in the United States are required, under Customs 
regulations in 19 CFR 4.7, to present to the Customs official on duty 
at the port of arrival. In addition to helping Customs to more 
accurately and efficiently collect APHIS user fees, the proposed 
requirement would also clarify that vessels which ``sail only between 
United States and Canada ports'' are vessels which have done so for at 
least the previous 2 years. The 2-year restriction is necessary to 
ensure that pests and regulated articles brought on board the vessel at 
ports outside Canada or the United States no longer pose a pest or 
disease risk. This requirement is identical to requirements in our 
regulations concerning the handling and disposal of garbage from places 
outside the United States (see 7 CFR 330.400 and 9 CFR 95.4).

Phytosanitary Certificates

    In addition to AQI services, our user fees also cover the issuance 
of phytosanitary certificates for the export of plants and plant 
products. Phytosanitary certificates are issued in accordance with 7 
U.S.C. 147a and regulations in 7 CFR part 353. These documents certify 
agricultural products as being free from plant pests, according to the 
phytosanitary requirements of the foreign countries to which the plants 
or plant products may be exported, or to the freedom from exposure to 
plant pests while in transit through the United States. These 
certificates must be issued in accordance with 7 CFR part 353 to be 
accepted in international commerce.
    The user fees for some phytosanitary certificates issued by APHIS 
became effective on March 17, 1993, upon publication of a final rule in 
the Federal Register on March 17, 1993 (Docket 92- [[Page 27439]] 088-
2, 58 FR 14305-14307). The user fees for other phytosanitary 
certificates issued by APHIS became effective on February 9, 1992, 
following the publication of a final rule in the Federal Register on 
January 9, 1992 (Docket No. 91-135, 57 FR 755-773). The fees were set 
at: (1) $30.00 for a certificate for a commercial shipment; (2) $19.00 
for a certificate for certain low-value commercial shipments; (3) 
$19.00 for a certificate for a non-commercial shipment; (4) $30.00 for 
a certificate for reexport of a commercial shipment; (5) $19.00 for a 
certificate for reexport of certain low value commercial shipments; (6) 
$30.00 for a processed product certificate for a commercial shipment; 
(7) $6.00 for reissuing any certificate or certificate for reexport 
(see current 7 CFR 354.3(g)(5)). In addition, there is a $6.00 user fee 
for processing unissued phytosanitary certificates of all types (see 7 
CFR 354.3(h)).
    After reviewing the fees for phytosanitary certificates that were 
collected in FY 1993 and FY 1994 and calculating our cost and revenue 
projections for FY 1995, we have determined that, for the reasons 
discussed below, the fees need to be adjusted in order to recover the 
full cost of providing services. Therefore, we are proposing to raise 
our user fees for phytosanitary certificates as follows: (1) to $50.00 
for a certificate for a commercial shipment; (2) to $23.00 for a 
certificate for certain low-value commercial shipments; (3) to $23.00 
for a certificate for a non-commercial shipment; (4) to $50.00 for a 
certificate for reexport of a commercial shipment; (5) to $23.00 for a 
certificate for reexport of certain low value commercial shipments; (6) 
to $50.00 for a processed product certificate for a commercial 
shipment; (7) to $7.00 for reissuing any certificate or certificate for 
reexport. In addition, we are proposing to raise the user fee for 
processing unissued phytosanitary certificates of all types to $7.00.

Calculation of User Fees for Phytosanitary Certificates

    To calculate the adjusted user fees for phytosanitary certificates, 
we determined the total projected cost of providing phytosanitary 
certificate services in FY 1995. The cost of providing these services 
in FY 1993 and FY 1994 served as a basis for calculating our projected 
FY 1995 costs.
    In FY 1992, APHIS established accounting procedures to segregate 
phytosanitary certificate-related costs. We established distinct 
accounting codes to record costs that can be directly related to this 
activity. At the State level and below, the following costs are charged 
directly to the phytosanitary certificate user fee account: salaries 
and benefits for inspectors, supervisors (such as officers-in-charge) 
and clerical staff, user-fee-specific equipment, contracts, and large 
supply items such as uniforms.
    Other costs that cannot be directly charged to individual accounts 
are charged to ``distributable'' accounts established at the State 
level. The following types of costs are charged to distributable 
accounts: utilities, rent, telephone, vehicles, office supplies, etc. 
The costs in these distributable accounts are prorated (or distributed) 
among all the activities that benefit from the expense, based on the 
ratio of the costs that are directly charged to each activity divided 
by the total costs directly charged to each account at the field level. 
For example, if a State office performs work on domestic programs and 
phytosanitary certificate programs, the costs are distributed among 
each program, based on the percentage of the direct costs for that 
activity at the field level that is charged to that activity. Costs 
incurred at the regional, headquarters program staff, and agency-level 
support offices are also prorated to the separate phytosanitary 
certificate-related activities, based on the percentage of the costs 
that were directly charged to each activity at the field level, as 
discussed above.
    Under these accounting procedures, we calculated the total cost of 
providing phytosanitary certificate services in FY 1993 and FY 1994 by 
determining the amounts in each direct-charge account, then adding the 
pro rata share of the distributable accounts maintained at the State, 
regional, headquarters, and agency levels. In FY 1993, it cost APHIS 
approximately $3.5 million to issue phytosanitary certificates, and it 
cost APHIS approximately $4.1 million in FY 1994. We project our FY 
1995 costs to be $4.6 million. Of this total, $3.83 million is for 
program delivery costs, which are costs incurred at the State level and 
below. The total also includes $389,000 for a pro rata share of the 
program direction and support costs, as explained above, which include 
items at the regional and headquarters program staff levels. Finally, 
the total includes $384,000 for a pro rata share of agency-level 
support costs, as discussed above, which include activities that 
support the entire agency, such as recruitment and development, 
legislative and public affairs, regulations development, regulatory 
enforcement, budget and accounting services, and payroll and purchasing 
services. The exceptions are costs for billing and collection services, 
legal counsel, and rate development services. These costs are directly 
related to user fee activities, so these costs are directly added to 
the user fee activities they support and are not included in the 
proration of agency-level costs.
    To calculate the adjusted user fees for phytosanitary certificates, 
we determined the total projected cost of issuing phytosanitary 
certificates in FY 1995, based on our costs to provide these services 
in FY 1993 and FY 1994.
    Under our accounting procedures, we calculated the total cost of 
issuing phytosanitary certificates in FY 1993 by determining the amount 
in each direct-charge account, then adding the prorata share of the 
distributable accounts maintained at the State, regional, headquarters, 
and agency levels.
    We then used a weighted average method to develop the rate for each 
type of phytosanitary certificate. The average time to complete each 
type of certificate was calculated. Each type of phytosanitary 
certificate fee was assigned a weighted value. This was done by 
comparing the time value for each certificate type relative to the time 
value for commercial certificates. The time value of commercial 
certificates was 2.45. This was weighted 1.00 (2.45/2.45). Non-
commercial certificates were given a value of 0.46 (1.13/2.45), and 
reissued certificates were given a value of 0.14 (0.35/2.45).
    We then applied the weighted values to our volume estimates for FY 
1995 to determine the weighted transaction amounts. The total number of 
transactions for each category was then added and divided into the 
total program cost. In this way we arrived at an average per inspection 
cost of $49.84. We multiplied the average per inspection cost by the 
activity weight. This produced the weighted average cost for each type 
of certificate. The raw fees calculated using this method were: $49.84 
for commercial phytosanitary certificates; $22.76 for non-commercial 
phytosanitary certificates; and $7.05 for reissued and returned 
phytosanitary certificates. We then rounded the raw fees for commercial 
and non-commercial certificates up to the nearest quarter, for final 
fees of $50.00 and $23.00. Due to the small number of reissued and 
returned certificates which we process, and in order to make collecting 
fees easier, we rounded the raw fee for these certificates down for a 
final fee of $7.00.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. The rule 
has been determined to be significant for the [[Page 27440]] purposes 
of Executive Order 12866 and, therefore, has been reviewed by the 
Office of Management and Budget.
    This proposed rule, if adopted, would increase the user fees for 
phytosanitary certificates to recover the cost to APHIS of providing 
export certification services for plants and plant products. This 
proposed rule, if adopted, would also reduce the user fee for 
international commercial aircraft to correspond with the cost to APHIS 
of providing services. Amendments to user fees are necessary to adjust 
for changes in service volume and in costs.
    Federal phytosanitary certificates are issued in accordance with 
the International Plant Protection Convention. They certify that 
agricultural products moving between countries are free from injurious 
insects and diseases. These certificates must be issued by APHIS to be 
accepted in international commerce, and must accompany the majority of 
agricultural commodities (except livestock products) traded. Traded 
commodities generally include cereals and grains (such as soybeans, 
wheat, and corn), fruit and vegetables, and other horticultural 
products. In 1993, the value of exported agricultural products 
requiring phytosanitary certificates was estimated at $3 billion.
    Current user fees for phytosanitary certificates do not fully 
recover APHIS's costs for services performed. In the past fiscal year, 
the total cost of providing phytosanitary certificate services was 
$3,487,347, while total fee collections amounted only to $2,875,716. 
The reason for the discrepancy is that we overestimated the number of 
certificates that would be issued, thereby underestimating the cost of 
issuing each certificate. The total program cost for the 1994-1995 
fiscal year, which we must recover through user fees, is estimated at 
$4,643,385. This amount includes costs associated with program 
delivery, program direction and support, agency support, departmental 
charges, and Office of the General Counsel services. If the proposed 
fee increases are adopted, estimated collections would rise to 
$4,717,947.
    Exporters of agricultural commodities would be affected by this 
rule. The Regulatory Flexibility Act requires APHIS to address the 
economic impact of imposing user fees on ``small'' entities. The Small 
Business Administration (SBA) criteria for a small wholesale business 
engaged in the trading of fresh fruits and vegetables is that the 
business have 100 or fewer employees. SBA criteria for a small crop 
production business is that it have annual revenues up to $500,000.
    Approximately 90,000 phytosanitary certificates were issued in 
1993. Certificates for commercial shipments are issued to wholesale 
businesses engaged in the trading of fresh fruits and vegetables, and 
to crop production businesses. Certificates are also issued to export 
brokers who handle shipments of produce from various sources. The 
proportion of exporters in this group which may qualify as small is 
unknown. It is likely that a large number of these brokers employ fewer 
than 100 workers.
    In general, the value of an average commercial shipment is likely 
to be well over the proposed $50 user fee. Given that the total value 
of agricultural products requiring phytosanitary certificates exported 
in 1993, estimated at $3 billion, is much larger in magnitude than the 
$4.7 million in total user fee collection, any impact on U.S. 
producers/exporters is expected to be small.
    Phytosanitary certificates for noncommercial exporters are 
generally issued to individuals and to exporters of low value 
commodities. The user fee for this category of phytosanitary 
certificate is proposed to increase from $19 to $23, an increase of 21 
percent. Although user fees represent a proportionately larger share of 
the total value of noncommercial and low-value exports, these small 
exports may possess a much higher value in the foreign country than in 
the United States. Moveover, exports by individuals may be gift items 
with nonmonetary values offsetting some of the impact of the fee 
increase.
    SBA criteria for a small airline is that it have 1,500 or fewer 
employees. Data from the 1988 Census indicates that there were 67 
domestic and international airline operators employing a total of 
481,000 employees. Although the size distribution of air carriers that 
enter the customs territory of the United States is unknown, the impact 
of the proposed user fee change, regardless of carrier size, is 
positive--we are proposing a 13 percent user fee reduction, from $61 to 
$53 per aircraft. The lower fee is sufficient to recover the full cost 
of providing aircraft inspection services, without collecting more 
revenue than needed to recover costs. The estimated cost to provide 
inspection services for international commercial aircraft in FY 1995 is 
$18.9 million. At the proposed user fee of $53 per aircraft and a 
projected FY 1995 commercial aircraft volume of 357,299, total 
collections would amount to $18.9 million.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12778

    This proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this proposed rule have been approved by the Office of 
Management and Budget (OMB), and there are no new requirements. The 
assigned OMB control number is 1515-00-62.

List of Subjects in 7 CFR Part 354

    Exports, Government employees, Imports, Plant diseases and pests, 
Quarantine, Reporting and recordkeeping requirements, Travel and 
transportation expenses.

    Accordingly, 7 CFR part 354 would be amended as follows:

PART 354--OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND 
USER FEES

    1. The authority citation for part 354 would continue to read as 
follows:

    Authority: 7 U.S.C. 2260; 21 U.S.C. 136 and 136a; 49 U.S.C. 
1741; 7 CFR 2.17, 2.51, and 371.2(c).

    2. Section 354.3 would be amended as follows:
    a. By revising paragraph (b)(2)(vi) to read as set forth below.
    b. In paragraph (e)(1), the last sentence, by removing ``$61'' and 
adding ``$53'' in its place.
    c. In paragraph (g)(5)(i)(A), by removing ``$30'' and adding 
``$50'' in its place.
    d. In paragraph (g)(5)(i)(B), by removing ``$19'' and adding 
``$23'' in its place.
    e. In paragraph (g)(5)(ii), by removing ``$19'' and adding ``$23'' 
in its place. [[Page 27441]] 
    f. In paragraph (g)(5)(iii)(A), by removing ``$30'' and adding 
``$50'' in its place.
    g. In paragraph (g)(5)(iii)(B), by removing ``$19'' and adding 
``$23'' in its place.
    h. In paragraph (g)(5)(iv), by removing ``$30'' and adding ``$50'' 
in its place.
    i. In paragraph (g)(5)(v), by removing ``$6'' and adding ``$7'' in 
its place.
    j. In paragraph (h)(2), by removing ``$6'' and adding ``$7'' in its 
place.


Sec. 354.3  User fees for certain international services.

* * * * *
    (b)(2)(vi) Any vessel which sails only between United States and 
Canadian ports, when the Master of such vessel arriving from Canada 
certifies, in the ``Remarks'' block of the General Declaration, Customs 
Form 1301, that the vessel has sailed solely between the United States 
and Canada for the previous 2 years.

(Approved by the Office of Management and Budget under control 
number 1515-00-62).
* * * * *
    Done in Washington, DC, this 19th day of May 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-12750 Filed 5-23-95; 8:45 am]
BILLING CODE 3410-34-P