[Federal Register Volume 60, Number 102 (Friday, May 26, 1995)]
[Proposed Rules]
[Pages 27913-27924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12999]



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

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

9 CFR Part 130

[Docket No. 92-174-1]
RIN 0579-AA67


Import/Export User Fees

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: We are proposing to amend existing user fees for certain 
import- and export-related services we provide for live animals and 
birds, animal products, organisms and vectors, and germ plasm and 
veterinary diagnostic services. We are also proposing to establish user 
fees for certain import- and export-related services we provide for 
live animals and birds, and animal products and byproducts. We are also 
proposing to make several miscellaneous changes, such as amending the 
definitions of certain words. These actions are necessary to help 
ensure that we recover our costs and to simplify and clarify the 
application of user fees for the public. [[Page 27914]] These actions 
are taken in accordance with the Food, Agriculture, Conservation, and 
Trade Act of 1990, as amended, which gives us the authority to set and 
collect these user fees.

DATES: Consideration will be given only to comments received on or 
before July 25, 1995.

ADDRESSES: Please send an original and three copies of your comments to 
Docket 92-174-1, Animal and Plant Health Inspection Service, Policy and 
Program Development, Regulatory Analysis & Development, 4700 River Road 
Unit 118, Riverdale, MD 20737-1238. Please state that your comments 
refer to Docket No. 92-174-1. 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. Persons wishing to inspect comments are 
requested to call ahead on (202) 690-2817 to facilitate entry into the 
comment reading room.

FOR FURTHER INFORMATION CONTACT: For information concerning services 
provided for live animals and birds, and germ plasm, contact Dr. Robert 
Kahrs, Director, National Center for Import and Export, VS, APHIS, 4700 
River Road Unit 38, Riverdale, MD 20737-1231; (301) 734-3294.
    For information concerning services provided for animal products 
and byproducts, organisms and vectors, contact Dr. Kathleen Akin, 
Senior Staff Veterinarian, Import/Export Products, VS, APHIS, 4700 
River Road Unit 40, Riverdale, MD 20737-1231; (301) 734-7830.
    For information concerning services provided for veterinary 
diagnostics, contact Dr. Joan M. Arnoldi, Director, National Veterinary 
Services Laboratories, P.O. Box 844, Ames, IA 50010; (515) 239-8266.
    For information concerning fees, contact Ms. Barbara Thompson, 
Chief, Financial Systems and Services Branch, Budget and Accounting 
Division, APHIS, 4700 River Road Unit 54, Riverdale, MD 20737-1232; 
(301) 734-5901.

SUPPLEMENTARY INFORMATION:

Background

    The Food, Agriculture, Conservation and Trade Act of 1990, as 
amended (referred to below as the Farm Bill), authorizes the Secretary 
of Agriculture, among other things, to prescribe and collect fees to 
reimburse the Secretary for the cost of carrying out the provisions of 
the Federal animal quarantine laws that relate to the importation, 
entry, and exportation of animals, articles, or means of conveyance 
(section 2509(c)(1) of the Farm Bill). The Secretary of Agriculture is 
also authorized, under section 2509(c)(2) of the Farm Bill, to 
prescribe and collect fees to recover the costs of carrying out certain 
veterinary diagnostics services.
    The user fee regulations in 9 CFR part 130 (referred to below as 
the regulations) prescribe user fees that the Animal and Plant Health 
Inspection Service (APHIS) of the U.S. Department of Agriculture (USDA) 
collects for various services that we provide. The regulations 
currently include fees for: (1) Endorsing export certificates for 
animals; (2) providing quarantine services within the United States for 
imported animals; (3) providing certain inspection and supervision 
services within the United States for animals intended for export; (4) 
conducting certain veterinary inspections outside the United States; 
and (5) conducting certain veterinary diagnostics services.
    Our user fees are calculated to cover the full cost of providing 
the service for which the fee is charged. The cost of providing a 
service includes direct labor and direct material costs. It also 
includes administrative support, agency overhead, and Departmental 
charges.
    Direct labor costs are the costs of employee time spent 
specifically to provide the service. For example, at APHIS's Animal 
Import Centers, animal caretakers and veterinarians prepare for the 
arrival of animals or birds to be quarantined in the Center, care for 
them (feed, water, clean cages or stalls) while they are quarantined, 
observe them while they are quarantined, release them from quarantine, 
and clean the quarantine area afterwards. These are all direct labor 
costs. For other services, the direct labor costs would be different. 
For example, if the service is testing a tissue sample for disease-
causing organisms, then direct labor costs include the time spent by 
laboratory personnel to prepare the sample, conduct the test, and read 
the test. Or, if the service is inspecting an animal, the direct labor 
costs include the time spent by the inspector to conduct the 
inspection. Direct labor costs vary with the type of service provided.
    Direct material costs include the cost of any materials needed to 
supply the service. For example, among other things, animals in 
quarantine need feed, water and bedding, disinfectants, and 
pharmaceuticals (for preparation of any needed tranquilizers). These 
are all direct material costs. Again, direct material costs are 
different for different services. For example, direct material costs 
for conducting a laboratory test would include animals, eggs, 
glassware, chemicals, and other supplies necessary to perform the test.
    Administrative support costs include local clerical and 
administrative activities; indirect labor hours (supervision of 
personnel and time spent doing work that is not directly connected with 
the service but which is nonetheless necessary, such as repairing 
equipment); travel and transportation for personnel; supplies, 
equipment, and other necessary items; training; general supplies for 
offices, washrooms, cleaning, etc.; contractual services (such as guard 
service, maintenance, trash pickup, etc.); grounds maintenance; 
chemicals and glassware; and utilities (such as water, trash pickup, 
telephone, electricity, natural and propane gas, heating and diesel 
oil). Some administrative support items may be contractual or not, 
depending on local circumstances. For example, trash pickup may be 
provided as a utility or a contractual service. However, the costs are 
all administrative support. As with direct labor and direct material 
costs, the type, amount and cost of administrative support vary with 
the type of service provided.
    Agency overhead is the pro-rata share, attributable to a particular 
service, of the management and support cost for all agency activities. 
Included are the cost of providing budget and accounting services, 
management support, including the Administrator's office and support at 
the regional level, personnel services, public information service, and 
liaison with Congress.
    The final cost item included in the calculation, Departmental 
charges, is APHIS's share, expressed as a percentage of the total cost, 
of services provided centrally by the Department of Agriculture 
(Department). Services the Department provides centrally include the 
Federal Telephone Service; mail; National Finance Center processing of 
payroll, billing, collections, and other money management; unemployment 
compensation; Office of Workers Compensation Programs; and central 
supply for storing and issuing commonly used supplies and Department 
forms. The Department notifies APHIS how much the agency owes for these 
services. We have included a pro-rata share of these Departmental 
charges, as attributable to a particular service, in our fee 
calculations. An outline of the basic process is shown below. The 
actual components, quantities, and costs used to calculate the fee are 
different for each service.
    The basic steps in the calculation, for each particular service, 
are: [[Page 27915]] 
    1. Determine the following costs:

direct labor;
direct material;
pro-rata share of administrative support;
pro-rata share of agency overhead; and
pro-rata share of Departmental charges;

    2. Add all costs;
    3. Estimate, based on past experience, the frequency of service, 
that is, the number of times the service will be performed in one year; 
and
    4. Divide the total of all costs by the frequency of service.
    The result of these calculations is the total cost to provide a 
particular service one time.
    When we first adopted user fees, we determined that our user fees 
for import- and export-related services should be rounded up to the 
nearest quarter. The amended user fees proposed in this document are 
also rounded up to the nearest quarter. This is necessary in order to 
ensure that we collect enough revenue to cover the costs of providing 
these services. If we were to round down, many fees would be lower than 
the cost of the service. As we would not have a reserve fund, there 
would be no funds for us to draw on to make up the deficiency.
    As we stated at the time we published our current user fees (see 
Docket 92-042-2, 58 FR 67647-67656, at p. 67649), we intend to review 
our user fees at least annually to ensure that they accurately reflect 
the cost of the services provided, and to publish any necessary 
adjustments in the Federal Register.
    We have therefore reviewed our records of user fees collected 
during fiscal years (FYs) 1992 through 1994. Our current user fees are 
based on FY 1990 costs. In the four years since then, there has been an 
overall increase in all costs of providing services, due to inflation 
and general economic conditions. Additionally, we underestimated 
personnel costs when we set our current fees. For example, in addition 
to anticipated federal pay increases (4.2 percent in FY 1992 and 3.7 
percent in FY 1993), in FY 1994 there were locality pay and cost of 
living increases of 3.09 to 8 percent for employees stationed in 
different parts of the United States. We also underestimated support 
costs, such as clerical support, office rent, telephone, etc., in 
setting our current user fees. It is also now apparent that we 
overestimated our anticipated revenues when setting our current fees. 
For example, unexpected drops in both the number of animals exported 
from the United States and the number of export certificates requested 
has resulted in a correspondingly unexpected drop in user fees 
collected for export-related services.
    As a result of general cost increases, and our errors in estimating 
costs and revenues, we did not collect enough money in user fees during 
FYs 1992 through 1994 to cover the costs of providing the services for 
which we charged fees. In fact, for each of those fiscal years, we 
incurred a deficit of over $1 million. As our user fees are intended to 
recover full cost, it is apparent that our user fees are too low and 
must be raised to reflect changes in direct labor costs, direct 
material costs, administrative support costs, Agency overhead, and 
other expenses.
    In addition, based upon our review, we believe certain existing 
user fees should be restructured. For example, some general fees need 
to be broken down into more specific fees. Also, some new fees need to 
be established to cover services which we provide, but for which we are 
not now charging a user fee. The specific proposed user fee changes are 
discussed below under ``Revised Fees.''
    In addition, we are proposing to amend certain provisions of the 
regulations to clarify their intended meaning. The specific changes are 
discussed below under ``Miscellaneous.''
Revised Fees

Hourly and Minimum User Fees (Secs. 130.3, 130.5, 130.6, 130.7, 130.9, 
130.10, and 130.21)

    Our user fees are calculated to recover our costs to provide 
routine services. Our personnel often conduct inspections and provide 
supervision for animals and birds within the United States that are 
different from or in addition to our flat fee services, which are 
discussed under ``Flat Rate User Fees'' below. In those instances, we 
charge an hourly rate user fee to recover these costs. However, these 
hourly rates do not ensure that our basic costs are always covered. We 
developed the minimum fee primarily to cover the costs of handling 
unusually small importations at ports of entry. Therefore, we charge an 
hourly rate user fee, with a minimum fee, for services in the following 
areas: APHIS Animal Import Centers; privately operated temporary import 
quarantine facilities; import or entry of live animals; miscellaneous 
import or entry services; endorsement of export health certificates; 
inspection and supervision provided within the United States for 
animals, birds, and animal products and byproducts intended for export; 
and veterinary diagnostics.
    We are proposing to revise our hourly and minimum fees, which are 
listed in Secs. 130.3, 130.5, 130.6, 130.7, 130.9, and 130.21, to 
reflect projected FY 1995 costs. These user fees need to be amended due 
to increased direct labor costs, direct material costs, agency 
overhead, administrative support, agency overhead, and Departmental 
charges.
    For the reasons stated above, we are proposing to amend 
Secs. 130.3, 130.5, 130.9, and 130.21 to increase the hourly and 
quarter-hour user fees from $50.00 to $56.00 and from $12.50 to $14.00, 
respectively. Additionally, we are proposing to amend Secs. 130.5, 
130.6, 130.7, 130.9, and 130.21 to increase the minimum user fee for 
any service provided on an hourly basis from $16.00 to $16.50.
    Further, in many of these sections, we are proposing to make 
changes to clarify the application of the user fee. These proposed 
changes are discussed below.

User Fees for Exclusive Use of Space at APHIS Animal Import Centers 
(Sec. 130.3)

    Section 130.3 includes a provision allowing importers, at their 
option, to request space at certain APHIS Animal Import Centers for the 
exclusive use of the animals for which the request was made. The user 
fee for this service is a single, monthly rate. Section 130.3(a)(1) 
designates the South Wing and North Wing at the Miami, FL, Animal 
Import Center and 5,904 sq. ft. (548.5 sq.m.) at the Newburgh, NY, 
Animal Import Center as available for exclusive use. The exclusive use 
space at Newburgh, NY, is designated in terms of square footage only 
because there are several buildings that meet those specifications. As 
a result, the buildings may be used interchangeably, depending upon the 
number and type of animals for which the space is being requested. 
However, any building that is utilized for this service will be 
occupied only by the specific animals for which the service was 
requested. The overall operating costs for these designated spaces have 
increased, mainly due to increases in locality pay, direct labor, and 
supplies. Therefore, we are proposing to revise the monthly user fee 
charged for this service.
    Additionally, we are proposing to make an additional space 
available for exclusive use at the Newburgh, NY, Animal Import Center. 
This additional space, which would be designated as Space B, would 
provide 9,742 sq.ft. (905 sq.m.) for exclusive use. The proposed user 
fee for this service would be $78,555.00 per month. If this proposed 
amendment is adopted, we will designate the existing exclusive use 
[[Page 27916]] space currently being charged on a monthly basis at the 
Newburgh, NY, Animal Import Center as Space A to avoid confusion. As 
stated above, proposed newly-designated Spaces A and B would represent 
available square footage, not specific buildings.

User Fees for Services Conducted Outside an APHIS Employee's Normal 
Tour of Duty (Secs. 130.5, 130.9, & 130.21)

    We often receive requests for services outside of employees' normal 
tours of duty. Employees' normal tours of duty are those hours, during 
the business hours of the facility where the employees work, when 
employees are scheduled for duty. Employee's normal tours of duty do 
not include Federal holidays or holidays that are observed locally. For 
example, our facilities and employees in foreign countries observe 
local holidays. When we provide services outside employee's normal 
tours of duty, we charge reimbursable overtime in accordance with 
existing regulations, in addition to the APHIS user fee for each 
service. This action, which became effective on January 21, 1994 (58 FR 
67647-67656, Docket No. 92-042-2), was necessary to fully recover our 
costs of providing user fee services on overtime.
    When this action became effective, several importers and exporters 
raised concerns about paying the user fee plus reimbursable overtime 
when the user fee is charged at the hourly rate. In these cases, both 
the user fee and the reimbursable overtime fee are structured on a 
direct labor hourly basis, and consequently, some users perceived that 
they were being billed twice for the services.
    We have re-examined this requirement and propose to revise it 
regarding charging reimbursable overtime in connection with the hourly 
user fees.
    Consequently, we propose to amend Secs. 130.5, 130.9, and 130.21 to 
charge a premium user fee rate of $65.00 per hour on weekdays and 
holidays and $74.00 per hour on Sundays for each employee required to 
conduct a service outside of the regular tour of duty. These rates were 
determined by calculating the average grade and step of APHIS field 
personnel and applying the Federal salary for an individual at that 
grade level. The rates for weekdays, holidays, and Sundays are 
different because the rate of basic pay for employees is different for 
these days1: holiday pay is one-and-one-half times the hourly pay 
for regularly scheduled weekday duty; Sunday pay is twice the hourly 
pay for regularly scheduled weekday duty. If a holiday falls on a 
Sunday, the highest applicable rate of pay applies, that is, Sunday 
pay.

    \1\See 5 U.S.C. 5542 and 5 CFR 550.113, and Salary Tables 
published by the United States Office of Personnel Management, 
Personnel Systems and Oversight Group, Office of Compensation 
Policy, Theodore Roosevelt Building, 1900 E Street NW, Washington, 
DC 20415-0001.
---------------------------------------------------------------------------

    If this proposal is adopted, we will charge only the premium user 
fee for hourly user fee services performed outside an APHIS employee's 
normal tour of duty.
    We charge hourly user fees for providing miscellaneous veterinary 
services related to the import, entry or export of live animals, animal 
products, organisms and vectors, and germ plasm. We charge hourly user 
fees in these cases as it would be difficult to establish a flat fee. 
This is because costs vary widely from one customer to another; 
consequently, a flat fee would be very inequitable to some importers 
and exporters. Because the hourly user fees are structured to more 
directly charge importers and exporters for the exact time required to 
provide the service, we believe we should establish hourly fees for 
work performed on overtime, rather than specify that two hourly rates 
be charged.
    Other user fees that are charged on a flat rate basis, for example, 
per animal inspected or certificate issued, represent an average of the 
costs for providing the service during normal working hours. For 
example, the fee for issuing an export health certificate is calculated 
by determining the average time it takes to research the requirements 
of the destination country, advise an exporter, verify test results or 
certification statements or both, endorse a certificate, and complete 
the necessary paperwork. In these cases, we will continue to charge the 
flat rate user fee plus reimbursable overtime, or we would not recover 
our costs. In the example given above, an office may spend several 
hours during the normal working day to research the requirements of the 
destination country and advise the exporter. If the exporter comes in 
after normal working hours and only reimbursable overtime is charged 
for verifying the tests and endorsing the certificate, APHIS will not 
recover costs for related services performed during the day, or the 
time spent the next day to file the paperwork.

User Fees for Inspection and Supervision Services Provided Within the 
United States for Export Animals, Birds, and Animal Products and 
Byproducts (Sec. 130.21)

    Section 130.21 covers user fees for APHIS services provided in the 
United States for the export of animals, birds, and animal products and 
byproducts. For the convenience of the public, this section lists 
examples of the types of services we perform. Therefore, we are 
proposing to amend Sec. 130.21 to add the following service to the list 
of inspection and supervision services we provide within the United 
States for the export of animals, birds, and animal products and 
byproducts: Approving or inspecting an embryo or semen collection 
center or the animals in it. We currently charge a user fee for these 
services. We are proposing to add this service to the inspection and 
supervision services list to eliminate some recent confusion regarding 
our ability to charge for these particular services.
    Because it is impracticable to list all the services that we 
provide, we are also proposing to add a statement that Sec. 130.21 
covers export or embarkation services not specified elsewhere in the 
regulations. This proposed change would make this section equivalent to 
Sec. 130.9, which governs user fees for APHIS services provided for 
importation or entry of animals, birds, and animal products and 
byproducts.
    Further, we are proposing to add a statement to make it clear that 
the user fees established in Sec. 130.21 will be charged for each 
employee assigned to perform the service. We believe these proposed 
amendments will provide users further clarification of our user fees.

Flat Rate User Fees

    We charge a flat rate user fee for services that do not vary widely 
in the amount of time needed to complete them. These user fees are 
based on time (daily, monthly, etc.); commodity (animal, animal 
product, germ plasm, etc.); service (endorsement, inspection, 
supervision); measurement (certificate, load, lot, etc.); or purpose 
(breeder, feeder, slaughter, etc.). The flat rate user fees also 
reflect the average cost of providing particular services on a 
nationwide basis. As with the hourly user fees, the flat rate fees must 
recover our costs for direct labor, direct material, agency overhead, 
administrative support, agency overhead, and Departmental charges. As 
with the hourly user fees (see discussion above), these costs have 
increased. [[Page 27917]] Therefore, we are proposing to revise the 
flat rate user fees contained in Secs. 130.2, 130.3, 130.6, 130.7, 
130.8, 130.10, and 130.20. We are also proposing to amend the flat rate 
user fee, contained in Sec. 130.16, for virus isolation testing for 
certain diseases, due to the volume of testing done. This proposed 
change will clarify how we charge for those tests and will lower their 
costs. We are proposing other changes to some of these sections, which 
are discussed below.
User Fees for the Importation or Entry of Live Animals (Secs. 130.6 and 
130.7)

    Section 130.6(a) provides for user fees for various services 
related to import or entry of live animals along the United States-
Mexico border. These services include inspecting and supervising the 
following animals for import or entry into the United States: feeder 
animals; slaughter animals; horses other than slaughter; in-bond and 
in-transit animals; and any other ruminants. Sometimes, these animals 
are denied entry into the United States or importers withdraw their 
requests for importation after we have provided services. Despite these 
circumstances, APHIS employees must provide the same services that are 
provided to animals that enter the United States. In order to recover 
our costs for these services, we are proposing to amend Sec. 130.6(a) 
to add a statement to make it clear that the user fees in this section 
apply to live animals presented for importation into the United States, 
whether or not the animals enter the United States.
    Section 130.7 also includes inspecting and processing cattle, 
swine, sheep and goats that are imported in-bond or in-transit movement 
through the United States. Often, after our employees have performed 
these services, these animals are denied entry into the United States 
or the importer withdraws the request for entry. For the reason stated 
above, we are proposing to amend Sec. 130.7(a) to add a statement to 
make it clear that the user fees in this section apply to live animals 
presented for importation into the United States, whether or not the 
animals are allowed entry into the United States.
    Section 130.7 provides user fees for various services related to 
import or entry of live animals at ports other than along the United 
States-Mexico border. These services include inspecting and processing 
all types of animals that are imported and moved directly to slaughter, 
and poultry (including eggs) that are imported for any reason. We 
currently charge a user fee per load for services we provide to these 
animals. Consistent with industry usage of the term, we defined 
``load'' to mean all the animals or birds carried on one vehicle. In 
practice, however, we have found that we do not recover our full costs 
when we charge for services per load because some importers or brokers 
share the use of a vehicle. When this happens, we perform at least two 
times the amount of services for one fee. Therefore, we are proposing 
to charge this user fee for slaughter animals and poultry that are 
presented for importation into the United States and that originate 
from the same importer address, are destined for the same address, and 
require one entry permit or authorization. This would allow us to 
charge importers or brokers individually for the services provided to 
them. This change would require revision of the definition for ``load'' 
in Sec. 130.1 (see discussion below under ``Miscellaneous'').
    The processing or supervision of in-bond or in-transit animals in 
accordance with Sec. 130.7 of the regulations often occurs at locations 
other than an official port of entry, that is, the one listed on the 
import permit or accompanying document. For example, air traffic flight 
patterns or fueling needs may require an aircraft destined for Guam to 
land in Alaska. Although the official port of entry would be Guam, in 
this situation we would provide the necessary services in Alaska, and 
we would charge a user fee for the services provided in Alaska. To 
clarify this, we are proposing to amend Sec. 130.7(a) to add a 
statement to note one in the table stating that the user fees in this 
section apply to services provided for the importation of in-bond or 
in-transit animals wherever the service is provided.

User Fee for Germ Plasm Containers (Sec. 130.8)

    Among other things, Sec. 130.8 contains user fees for each permit 
we issue for germ plasm being imported into the United States and each 
certificate we endorse for germ plasm being exported from the United 
States. These services include checking the accuracy of information 
submitted, completing various forms, maintaining files, and issuing or 
endorsing documents.
    For germ plasm being imported into the United States, we charge 
this fee per permit; however, germ plasm is not imported under 
individual permit. Therefore, we are proposing to charge the user fee 
per load (see discussion below under ``Miscellaneous'').
    For germ plasm being exported from the United States, we inspect 
and reseal the containers to confirm that the contents match what we 
have endorsed on the certificate. To recover our costs relating to this 
service, we are proposing to add a footnote to the table in Sec. 130.8 
to clarify that the user fee for germ plasm being exported from the 
United States includes a single inspection and resealing of the 
container in which the germ plasm is being exported. Any subsequent 
inspections and resealing of the container would be charged at the 
applicable hourly rate.
    If germ plasm containers that had been exported are returned empty 
and presented for importation into the United States, we inspect the 
containers to ensure that they are adequately cleaned and disinfected. 
To recover our costs for this service, we are proposing to charge the 
applicable hourly rate. This would be clarified by a footnote, which 
would be added to the table in this section.
    Section 130.8 also provides for a user fee for approving 
establishments, warehouses, and facilities under 9 CFR parts 94 through 
96, to receive or treat various animal products and byproducts imported 
into the United States. As explained in the discussion under ``Flat 
Rate User Fees'' above, we are proposing to revise these fees to cover 
our increased direct labor costs to complete all paperwork, agreements, 
and inspections. Additionally, we are proposing to revise our 
regulations to clarify that these fees cover all program-required 
inspections during the year. For example, the yearly user fee for 
program inspections of a facility during a 3-year approval period would 
be $262.75 for the first year, $152.00 for the second year, and $152.00 
for the third year, for a total of $566.75 for a 3-year period. 
However, if APHIS personnel determine that it is necessary to conduct 
additional special inspections, other than routine program inspections, 
they will charge the applicable hourly user fee.

User Fees for Pet Birds (Proposed new Sec. 130.10)

    We are proposing to add specific user fees for pet birds 
quarantined in an APHIS owned or supervised quarantine facility. Our 
current user fees for pet birds, contained in Sec. 130.8, apply only to 
pet birds which are not required to be quarantined in an APHIS owned or 
supervised quarantine facility.
    Regulations governing the importation of pet birds are contained in 
9 CFR part 92. Pet birds are defined in Sec. 130.1 as ``birds which are 
imported for the personal pleasure of their individual owners and are 
not intended for resale.'' Pet birds which must be quarantined in an 
APHIS owned or supervised quarantine facility, in accordance with 9 CFR 
part 92, are normally quarantined [[Page 27918]] for 30 days. The 
proposed fee would be assessed per isolette, per day. That is, all the 
birds quarantined in one isolette would be covered by one fee, which 
would be assessed daily for the duration of the quarantine.
    This proposed user fee would recover all costs involved with feed, 
housing, care, and handling of the birds. The proposed user fee would 
not recover the costs of testing the birds for which separate user fees 
apply. However, the proposed user fee would account for marginal 
decreases in our costs per bird when more than one bird is kept in an 
isolette. Based on the information provided by the person requesting 
the service, APHIS personnel at the APHIS owned or supervised 
quarantine facility would determine the appropriate number of birds 
that should be housed per isolette. For example, an isolette might 
house 5 small parakeets but only 1 large cockatoo, depending on the 
sizes of the individual birds. Birds belonging to different owners 
would not be housed in the same isolette. If individual owners of pet 
birds request that their birds be housed individually or in a smaller 
group of birds per isolette than that isolette could hold, the user fee 
would apply per isolette based upon the actual number of birds 
quarantined in each isolette. As another example, an individual pet 
bird owner may only have one pet bird to quarantine. Regardless of the 
size of the bird, the fee for one bird in an isolette would apply.
    Section 130.2 provides user fees for individual animals and birds 
quarantined in APHIS Animal Import Centers. As discussed above, we are 
proposing to establish specific user fees for pet birds. To eliminate 
any possible confusion, we are proposing to change the heading and the 
table in paragraph (a) of Sec. 130.2 to indicate that the user fees in 
this section do not apply to pet birds imported into the United States 
under 9 CFR part 92.

User Fees for Multiple and Subsequent Antigen Tests (Sec. 130.14)

    Section 130.14 provides user fees for tests performed at the 
National Veterinary Services Laboratories (NVSL) in connection with the 
importation or exportation of animals or birds. These tests include 
Agar gel immunodiffusion, buffered acidified plate antigen presumptive, 
card, competitive enzyme linked immunosorbent assay, and complement 
fixation, among others. When necessary to expedite results, some of 
these tests may be performed at authorized sites other than NVSL. For 
example, card tests may be performed by APHIS personnel on cattle at 
certain U.S. border ports. In order to recover our costs related to 
conducting these tests, we are proposing to amend Sec. 130.14 to make 
it clear that the user fees in this section apply to tests conducted at 
NVSL or at any authorized site, except the Foreign Animal Disease 
Diagnostic Laboratory (FADDL). The user fees for laboratory tests 
performed at FADDL are provided separately, because FADDL works with 
agents of diseases exotic to the United States, which require more 
expensive biosecurity measures.
    In addition, Sec. 130.14 provides tiered user fees for three 
tests--complement fixation (CF), hemagglutination inhibition (HI), and 
virus neutralization (VN). That is, there is one fee for the first CF, 
HI, and VN test on a sample, and a second, lower user fee for each 
additional test of the same type on the same sample. Paragraph (a) of 
Sec. 130.14 contains an explanation and example of this tiered user 
fee. Some users have interpreted the example to mean the user fee is 
reduced for each additional test, regardless of type. We are proposing 
to amend this section to make it clearer that any reduction in cost for 
multiple antigen tests is for tests of the same type on the same 
sample.

User Fees for Virus Isolation Testing (Sec. 130.16)

    Section 130.16 provides user fees for laboratory tests we perform 
as part of reference assistance testing. Reference assistance testing 
is defined in Sec. 130.1 of the regulations as ``tests conducted by 
APHIS at the request of a veterinarian, state animal health official, 
or university, to either establish or confirm a diagnosis.'' Section 
130.16(a)(3) includes a user fee for virus isolation testing. This test 
is administered when various viral diseases, including avian diseases, 
are suspected. Because virus isolation tests for Newcastle disease are 
often administered in conjunction with bird quarantines, they are 
performed more often and in larger numbers than virus isolation tests 
for other avian or mammalian diseases. This larger volume results in 
lower costs per test for Newcastle disease. Therefore, we are proposing 
to charge a separate user fee for virus isolation tests for Newcastle 
disease. The proposed user fee would be $14.00 per test for this 
disease only. The user fee will remain at $29.75 for all other virus 
isolation tests, including tests for all other avian viral diseases. 
This would save users $15.75 per test for Newcastle disease.
    Section 130.16 also provides tiered user fees for two tests--
complement fixation (CF) and virus neutralization (VN). That is, there 
is one fee for the first CF and VN test on a sample, and a second lower 
user fee for each additional test of the same type on the same sample. 
As discussed above under ``User Fees for Multiple and Subsequent 
Antigen Tests (Sec. 130.14),'' some users found our explanation and 
example of reduced cost for multiple antigen tests to be confusing. For 
that reason, we are proposing to revise the note to make it clearer 
that any reduction in cost for multiple antigen tests is for tests of 
the same type on the same sample.

User Fees for the Johnin Diagnostic Reagent (Sec. 130.17)

    Section 130.17 provides user fees for diagnostic reagents, slide 
sets, and tissue sets provided by APHIS. Section 130.17(a) lists the 
user fee for Johnin OT, a diagnostic reagent, as $12.25 per 10-ml unit. 
The 10-ml unit for Johnin OT is incorrect. The standard unit is 2 ml. 
Therefore, we are proposing to amend Sec. 130.17(a) to correct the 
listing for Johnin OT to read $12.25 per 2-ml unit. Although this 
correction, if adopted, will increase user costs for this diagnostic 
reagent from $2.25 per ml to $6.13 per ml, it will make the Johnin OT 
user fee equivalent to the other similar diagnostic reagents and will 
allow us to recover the full cost for providing the Johnin OT.

User Fees for Special Shipping and Handling of Reagents (Secs. 130.14, 
130.15, 130.16, 130.17, and 130.18)

    We charge user fees for certain veterinary diagnostic services, 
including providing certain diagnostic reagents, slide sets, and tissue 
sets. Veterinary diagnostics is the work performed in a laboratory to 
determine if a disease-causing organism or toxin is present in body 
tissues or cells. We also consider sterilization by gamma radiation to 
be a veterinary diagnostic service. Often, providing these veterinary 
diagnostic services requires special mail handling, such as express, 
overnight, or foreign mailing. The cost of this special mail handling 
is not included in the costs of providing diagnostic reagents, slide 
sets, and tissue sets. Therefore, we are proposing to charge the costs 
for special mail handling to the person who requests the service.

User Fees for Endorsing Export Health Certificates (Sec. 130.20)

    Section 130.20 provides user fees for each export health 
certificate requested for the exportation of animals or birds. These 
user fees are intended to cover the many steps associated with 
endorsing the certificates. The steps include reviewing the health 
certificates; confirming that the importing country's requirements have 
[[Page 27919]] been met; verifying laboratory test results for each 
animal if tests are required; reviewing any certification statements 
required by the importing country; and endorsing, or signing, the 
certificates. These user fees also cover our costs for administrative 
support (area office rent, utilities, supplies, etc), agency overhead, 
and Departmental charges.
    Section 130.20(c) states that ``* * * user fees prescribed in this 
section will not apply to an export health certificate if it is 
endorsed by an APHIS veterinarian in the course of performing 
inspection or supervision services for the animals listed on the 
certificate.* * *'' As explained in a final rule published in the 
Federal Register on January 9, 1992 (57 FR 755-773, Docket No. 91-135), 
this means that when an APHIS veterinarian endorses an export health 
certificate in the course of conducting supervision or inspection 
services concerning the export animals listed on the certificate, only 
the hourly user fee applies. Since the publication of that rule, we 
have found that in some cases all the steps necessary to endorse the 
export health certificate, except signing the certificate, are 
performed at separate times from the hourly inspection services. Thus, 
we do not recover all our costs related to preparing the certificate 
for signature by charging the hourly user fee. Therefore, we are 
proposing to amend Sec. 130.20 to exempt from the flat rate user fee 
only those export health certificates that are prepared for endorsement 
completely on site of the inspection as an integral part of the 
inspection service. In these cases, the appropriate hourly user fee 
(hourly, premium, reimbursable overtime) would apply.
    Sometimes, our veterinarians are unable to endorse the export 
health certificates because importers withdraw their requests for 
export health certificates after services have been performed. Despite 
these circumstances, APHIS employees must provide the same services 
that are provided for animals that are exported from the United States. 
In order to recover our costs related to services for exporters 
requesting export health certificates that are not endorsed, we are 
proposing to charge the minimum user fee of $16.50, which was developed 
primarily to cover the costs of handling unusually small importations 
at ports of entry. The minimum user fee would apply for each export 
health certificate that meets this description.
    The export health certificates discussed above are requested for 
various categories of animals and birds, including slaughter animals of 
all types moving to Canada or Mexico; non-slaughter horses moving to 
Canada; poultry; hatching eggs; animal products; and other animals and 
birds. Under the last category, we have included any other endorsements 
or certifications that may be needed for other animals and birds not 
already listed. However, we are often asked to endorse or certify 
articles that may not fall under the definitions of animals or birds. 
For example, we are frequently asked to issue export certificates for 
edible fish eggs. As our user fee regulations do not include a category 
for these articles, we are not recovering our costs for providing this 
service. Therefore, we are also proposing to amend Sec. 130.20(a) to 
replace the ``animals and birds'' category with a category for ``other 
endorsements or certifications.''
    Section 130.20(c) contains a CFR reference that was not corrected 
in a previous document when this section was redesignated. Therefore, 
we are proposing to amend Sec. 130.20(c) to reference Sec. 130.21 
instead of Sec. 130.7. This correction would align export services. It 
would not affect any costs.

Miscellaneous

    We are also proposing to make several miscellaneous changes to 
clarify how certain user fees are to be applied. We believe these 
changes would make it easier for users to determine their costs.

Payment of User Fees (Sec. 130.50)

    Section 130.50 provides procedures for the payment of user fees. 
Among other things, it provides that user fees may be paid, under 
certain circumstances, by cash, check, money order, or credit card. 
This section allows payment by all types of checks, including 
traveler's checks, but it does not specify to whom the checks must be 
made payable. Therefore, we are proposing to amend Sec. 130.50 to allow 
payment of user fees by check, including traveler's check, drawn on a 
U.S. bank and made payable to the ``U.S. Department of Agriculture'' or 
``USDA.'' Additionally, we are proposing to allow payment by credit 
card (VISA [Insert trademark symbol] or MasterCard [Insert trademark 
symbol]) at any APHIS Animal Import Center or APHIS office that is 
equipped to handle credit cards. We would add a footnote advising the 
public that they may obtain a list of such offices or centers from the 
Animal and Plant Health Inspection Service, Veterinary Services, 
National Center for Import and Export, 4700 River Road Unit 38, 
Riverdale, MD 20737-1231.

Definitions (Sec. 130.1)

    Section 130.1 defines various terms used in the regulations. 
Currently, the regulations include a definition of ``load.'' As 
discussed under the ``Flat Rate User Fees: User Fees for the 
Importation or Entry of Live Animals (Secs. 130.6 and 130.7)'' above, 
we are proposing to revise the basis by which we determine the user fee 
for certain live animals presented for importation into the United 
States. As discussed under ``User Fee for Germ Plasm Containers 
(Sec. 130.8)'' above, we are also proposing to revise the basis by 
which we determine the user fee for germ plasm presented for 
importation into or exportation from the United States. To accommodate 
these changes, we are proposing to amend the definition of ``load'' to 
read ``Those animals, poultry, or germ plasm, presented for importation 
into the United States in a single shipment, that originate from the 
same importer address, are destined for the same address, and require 
one entry permit or authorization.''
    The regulations define ``pet bird'' to mean birds which are 
imported for the personal pleasure of their individual owners and are 
not intended for resale. We are proposing to amend this definition to 
make it consistent with the definition of pet birds found in 9 CFR part 
92. The proposed definition for pet birds would read ``Birds, except 
ratites, which are imported for the personal pleasure of their 
individual owners and are not intended for resale.''
    Additionally, the regulations do not define ``test'' or ``United 
States.'' These omissions have led to misunderstandings. Defining these 
terms would help eliminate confusion. Therefore, we propose to amend 
Sec. 130.1 by defining these terms as follows: (1) ``Test'' means a 
single analysis performed on a single specimen from an animal, animal 
product, commercial product, or animal feed; and (2) ``United States'' 
means the several States of the United States, the District of 
Columbia, Guam, the Commonwealth of Northern Mariana Islands, the 
Commonwealth of Puerto Rico, the Virgin Islands of the United States, 
and all other territories and possessions of the United States.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
This rule has been determined to be significant for the purposes of 
Executive Order 12866 and, therefore, has been reviewed by the OMB. 
This proposed rule updates certain fees related to import/export 
inspection and certification, animal [[Page 27920]] quarantine, and 
veterinary diagnostics. Some of the current fees must be changed to 
ensure full recovery of APHIS' costs. The proposed amendments would 
also provide further clarification of the Agency's user fee collection 
process.
    The proposed rule would, if adopted, increase user fee collections 
by about $2.5 million each year. This would result in an annual 
taxpayer savings of about $2.5 million, since these APHIS expenses 
would not be funded by general tax revenues.
    Fee revisions included in this proposed rule could impact some 
importers/exporters of live animals, importers/exporters of animal 
byproducts, and firms that seek APHIS' veterinary diagnostic services. 
The revised fees are expected to have a relatively minor impact on 
``small'' entities since the amount of increase represents only a small 
fraction (less than 1 percent) of the typical cost of purchasing and 
permanently importing a breeding grade registered animal into the 
United States. That cost is between $1,500 and $5,000. Purchase and 
import costs for feeder and slaughter animals are usually significantly 
lower per animal, but can easily exceed $1,500 per animal. The price 
increases included in this proposed rule range from $0.25 to $31.75 per 
animal. The average cost increase is about $4.89 per animal. That is 
less than 1 percent of purchase and import costs.
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 numbers are 0579-0015, 0579-0055, and 0579-0094.

List of Subjects in 9 CFR Part 130

    Animals, Birds, Diagnostic reagents, Exports, Imports, Poultry, 
Quarantine, Reporting and recordkeeping requirements, Tests.
    Accordingly, 9 CFR part 130 would be amended as follows:

PART 130--USER FEES

    1. The authority citation for part 130 would continue to read as 
follows:

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

    2. In Sec. 130.1, (the definition for ``Germplasm'' would be 
removed and added in its place; the definitions of load and pet bird 
would be revised; and definitions for ``Germ plasm'' ``test'' and 
``United States'' would be added, in alphabetical order, to read as 
follows:


Sec. 130.1  Definitions.

* * * * *
    Germ plasm. Semen, embryos, or ova.
* * * * *
    Load. Those animals, poultry, or animal germ plasm, presented for 
importation into the United States in a single shipment, that originate 
from the same importer address, are destined for the same address, and 
require one entry permit or authorization.
* * * * *
    Pet birds. Birds, except ratites, which are imported for the 
personal pleasure of their individual owners and are not intended for 
resale.
* * * * *
    Test. A single analysis performed on a single specimen from an 
animal, animal product, commercial product, or animal feed.
    United States. The several States of the United States, the 
District of Columbia, Guam, the Commonwealth of Northern Mariana 
Islands, the Commonwealth of Puerto Rico, the Virgin Islands of the 
United States, and all other territories and possessions of the United 
States.
* * * * *
    3. Section 130.2 would be amended as follows:
    a. In the section heading, before the word ``birds'', by adding the 
word ``certain''.
    b. In paragraph (a), by revising the table to read as set forth 
below.


Sec. 130.2  User fees for individual animals and certain birds 
quarantined in APHIS Animal Import Centers.

    (a) * * *

------------------------------------------------------------------------
                                                                 Daily  
                        Animal or bird                          user fee
------------------------------------------------------------------------
Birds (including zoo birds, but excluding ratites and pet               
 birds imported in accordance with Part 92 of this                      
 subchapter):                                                           
    0-250 grams..............................................      $1.00
    251-1,000 grams..........................................       3.25
    Over 1,000 grams, and any bird in nonstandard housing or            
     receiving nonstandard care and handling.................       7.50
Ratites:                                                                
    Chicks (less than 3 months of age).......................       5.75
    Juveniles (3 months through 10 months of age)............       8.00
    Adults (11 months of age and older)......................      16.25
Poultry (including zoo poultry):                                        
    A. Doves, pigeons, quail.................................       2.00
    B. Chickens, ducks, grouse, guinea fowl, partridge, pea             
     fowl, pheasants.........................................       3.50
    C. Game cocks, geese, swans, turkeys, any poultry housed            
     in nonstandard housing or receiving nonstandard care and           
     handling................................................       8.25
Equines (including zoo equines, but excluding miniature                 
 horses):                                                               
    1st through 3rd day......................................     149.50
    4th through 7th day......................................     108.25
    8th and later days.......................................      91.75
Miniature horses.............................................      40.25
Zoo animals (except equines, birds, and poultry).............      32.25
Domestic animals:                                                       
    Camels, cattle, bison, buffalo...........................      56.50
    All others...............................................      15.00
------------------------------------------------------------------------


[[Page 27921]]


* * * * *
    4. Section 130.3 would be amended as follows:
    a. In paragraph (a)(1), by revising the table to read as set forth 
below.
    b. By revising paragraph (a)(3) to read as set forth below.


Sec. 130.3  User fees for exclusive use of space at APHIS Animal Import 
Centers.

    (a)(1) * * *

------------------------------------------------------------------------
                                                               Monthly  
          Animal import center             Space available     user fee 
------------------------------------------------------------------------
Miami, Fl:                                                              
    South Wing.........................  6,952 sq. ft......   $30,285.00
                                         (645.9 sq.m.).....             
    North Wing.........................  6,545 sq. ft......   $29,377.00
                                         (608.1 sq.m.).....             
Newburgh, NY:                                                           
    Space A............................  5,904 sq. ft......   $47,609.00
                                         (548.5 sq.m.).....             
    Space B............................  9,742 sq. ft......   $78,555.00
                                         (905 sq.m.).......             
------------------------------------------------------------------------

* * * * *
    (c) * * *
    (3) If the importer chooses to pay for additional services on an 
hourly basis, the user fees for each employee required to perform the 
service are:
    (i) $56.00 per hour;
    (ii) $14.00 per quarter-hour;
    (iii) With a minimum of $16.50.
* * * * *
    5. Section 130.4 would be amended as follows:
    a. By designating the introductory paragraph as paragraph (a).
    b. By adding a new paragraph (b) to read as set forth below.


Sec. 130.4   User fees for services at privately operated permanent 
import-quarantine facilities.

* * * * *
    (b) If a service must be conducted on a Sunday or holiday or at any 
other time outside the normal tour of duty of the employee, then 
reimbursable overtime, as provided for in 9 CFR part 97, must be paid 
for each service, in addition to the user fee listed in this section.
    6. Section 130.5 would be amended as follows:
    a. In paragraph (b)(1), by removing ``$50.00'' and adding 
``$56.00'' in its place.
    b. In paragraph (b)(2), by removing ``$12.50'' and adding 
``$14.00'' in its place.
    c. In paragraph (b)(3), by removing ``$16.00'' and adding 
``$16.50'' in its place.
    d. By adding a new paragraph (c) to read as set forth below.


Sec. 130.5   User fees for services at privately operated temporary 
import-quarantine facilities.

* * * * *
    (c) If a service must be conducted on a Sunday or holiday or at any 
other time outside the normal tour of duty of the employee, then the 
premium user fee rate, in lieu of the user fee listed in paragraph (b) 
of this section, must be paid for each employee required to perform 
each service:
    (1) $65.00 per hour for weekdays and holidays; and
    (2) $74.00 per hour for Sundays.
    7. Section 130.6 would be amended as follows:
    a. In paragraph (a), by removing the figure ``$16.00'' and adding 
``$16.50'' in its place.
    b. In paragraph (a), by removing the phrase ``live animals imported 
into or entering the United States'' and adding ``live animals 
presented for importation into or entry into the United States'' in its 
place.
    c. In paragraph (a), by revising the table to read as set forth 
below.


Sec. 130.6  User fees for import or entry services for live animals at 
land border ports along the United States-Mexico border.

    (a) * * *

------------------------------------------------------------------------
                                                                   User 
                      Type of live animal                        fee(per
                                                                  head) 
------------------------------------------------------------------------
Feeder.........................................................    $1.75
Slaughter......................................................     2.50
Horses, other than slaughter...................................    29.25
In-bond or in transit..........................................     3.75
Any ruminants not covered above................................     6.00
------------------------------------------------------------------------

* * * * *
    8. Section 130.7 would be amended as follows:
    a. In paragraph (a), by removing the figure ``$16.00'' and adding 
``$16.50'' in its place.
    b. In paragraph (a), by removing the phrase ``live animals imported 
into or entering the United States'' and adding ``live animals 
presented for importation into or entry into the United States'' in its 
place.
    c. In paragraph (a), by revising the table to read as set forth 
below:


Sec. 130.7  User fees for import or entry services for live animals at 
all other ports of entry.

(a) * * *

------------------------------------------------------------------------
                 Type of live animal                        User fee    
------------------------------------------------------------------------
Animals being imported into the United States:                          
 Horses, other than slaughter and in transit horses..    $19.00 per head
Breeding animals, except horses--Grade animals:                         
  Swine..............................................      0.50 per head
  Sheep and goats....................................      0.50 per head
  All others.........................................      2.25 per head
Registered animals, all types........................      4.00 per head
Feeder animals:                                                         
  Cattle (not including calves)......................      1.00 per head
  Swine..............................................      0.50 per head
  Sheep and calves...................................      0.25 per head
Slaughter animals, all types.........................     16.50 per load
Poultry (including eggs), imported for any purpose...     33.00 per load
Animals transiting\1\ the United States:                                
  Cattle.............................................      1.00 per head
  Swine..............................................      0.25 per head
  Sheep and goats....................................     0.025 per head
  Horses and all other animals.......................     4.50 per head 
------------------------------------------------------------------------
\1\The user fee in this section will be charged for services provided to
  in-bond animals or animals transiting the United States, at the actual
  port of entry. For example, if the official port of entry is Guam, but
  the animals are actually provided import or entry services in Alaska, 
  the user fee will be charged for services provided in Alaska. The     
  hourly user fee will be charged for services provided at the port     
  where the animals leave the United States.                            

* * * * *
    9. In Sec. 130.8, paragraph (a), by revising the table and adding a 
footnote at the end of the table to read as follows:
Sec. 130.8  User fees for other services.

    (a) * * *

------------------------------------------------------------------------
                     Service                             User fee       
------------------------------------------------------------------------
Inspection for approval of slaughter                                    
 establishment:                                                         
    Initial approval............................  $246.50 for all       
                                                   inspections required 
                                                   during year.         
    Renewal.....................................  213.50 for all        
                                                   inspections required 
                                                   during year.         
Pet birds, except pet birds of U.S. origin                              
 entering the United States from Canada:                                
    Which have been out of United States more     169.75 per lot.       
     than 60 days.                                                      
[[Page 27922]]
                                                                        
    Which have been out of United States 60 days  71.25 per lot.        
     or less.                                                           
Germ Plasm--Being imported:\1\                                          
    Semen.......................................  39.50 per load.       
    Embryo......................................  39.50 per load.       
Being exported:\2\                                                      
    Semen.......................................  33.50 per certificate.
    Embryo (up to 5 donor pairs)................  54.75 per certificate.
    Embryo (each additional group of donor        24.75 per group of    
     pairs, up to 5 pairs per group).              donor pairs.         
Processing VS form 16-3, ``Application for                              
 Permit to Import Controlled Material/Import or                         
 Transport Organisms or Vectors'':                                      
    For permit to import fetal bovine serum when  208.50 per            
     facility inspection is required.              application.         
    For all other permits.......................  27.50 per application.
    Amended application.........................  11.50 per amended     
                                                   application.         
    Application renewal.........................  15.00 per application.
    Fetal Bovine Serum sample verification......  666.00 per            
                                                   verification.        
    Import compliance assistance................  24.00 per release.    
    Release from export agricultural hold.......  24.00 per release.    
Inspection of approved establishments,                                  
 warehouses, and facilities under 9 CFR parts 94                        
 through 96:                                                            
    Approval (Compliance Agreement).............  262.75 for first year 
                                                   of 3-year approval   
                                                   (for all inspections 
                                                   required during the  
                                                   year).               
    Renewed approval............................  152.00 per year for   
                                                   second and third     
                                                   years of 3-year      
                                                   approval (for all    
                                                   inspections required 
                                                   during the year).    
------------------------------------------------------------------------
\1\For inspection of empty containers being imported into the United    
  States, the applicable hourly user fee would apply.                   
\2\This user fee includes a single inspection and resealing of the      
  container. Each subsequent inspection and resealing requires the      
  payment of an additional user fee.                                    

* * * * *
    10. Section 130.9 would be amended as follows:
    a. In paragraph (a) introductory text, by removing the figure 
``$50.00'' and adding ``$56.00'' in its place, and by removing the 
figure ``$12.50'' and adding ``$14.00'' in its place.
    b. In paragraph (a) introductory text, by removing the figure 
``$16.00'' and adding ``$16.50, for each employee required to perform 
the service'' in its place.
    c. By revising paragraph (b) to read as set forth below.


Sec. 130.9  User fees for miscellaneous import or entry services.

* * * * *
    (b) If a service must be conducted on a Sunday or holiday or at any 
other time outside the normal tour of duty of the employee, then the 
premium user fee rate, in lieu of the user fee listed in paragraph (a) 
of this section, must be paid for each employee required to perform 
each service:
    (1) $65.00 per hour for weekdays and holidays; and
    (2) $74.00 per hour for Sundays.
    11. Section 130.10 would be added to read as follows:


Sec. 130.10  User fees for pet birds quarantined at APHIS-owned or 
supervised quarantine facilities.

    (a) The person for whom the service is provided and the person 
requesting the service are jointly and severally liable for the 
following user fees, which include standard care, feed, and handling, 
and which must be paid for each animal or bird quarantined in an Animal 
Import Center.7

    \7\See footnote 5 to Sec. 130.2(a).

------------------------------------------------------------------------
                                                                  Daily 
                  Number of birds in isolette                      Fee  
------------------------------------------------------------------------
1..............................................................    $6.50
2..............................................................     7.75
3..............................................................     9.25
4..............................................................    10.75
5..............................................................    12.00
------------------------------------------------------------------------

    (b) Based on the information provided to APHIS personnel, APHIS 
personnel at the Animal Import Center or other APHIS owned or 
supervised quarantine facility will determine the appropriate number of 
birds that should be housed per isolette.
    (c) If the person or persons for whom the service is provided or 
the person or persons requesting the service request additional 
services on an hourly basis, the user fees for each employee required 
to perform the service are:
    (1) $56.00 per hour; and
    (2) $14.00 per quarter-hour;
    (3) With a minimum of $16.50.
    12. Section 130.14 would be amended as follows:
    a. By revising the section heading to read as set forth below.
    b. In paragraph (a), after the term ``NVSL'', by adding the phrase 
``or at authorized import sites (excluding FADDL)''.
    c. In paragraph (a), by revising footnote 1 to the table to read as 
set forth below.
    d. By adding a new paragraph (c) to read as set forth below.
Sec. 130.14  User fees for tests performed by the NVSL or at authorized 
import sites (excluding FADDL).

    (a) * * *
    \1\Because tests with multiple and subsequent antigens can be 
set up for a fraction of the cost of a single-antigen test, tests 
subsequent to the first antigen used for these assays are reduced 
down to 20% of the cost of using the first antigen. The following 
are examples of these cost savings: complement fixation (CF) tests 
for equine encephalomyelitis or vesicular stomatitis; 
hemagglutination inhibition (HI) for equine encephalomyelitis or 
equine influenza; virus neutralization (VN) tests for porcine 
respiratory and reproductive syndrome. For example, for CF tests for 
eastern equine encephalomyelitis (EEE), western equine 
encephalomyelitis (WEE), and Venezuelan equine encephalomyelitis 
(VEE) and for VN tests for the New Jersey and Indiana serovars of 
vesicular stomatitis (VS), the costs are as follows: EEE--$9.00, WEE 
and VEE--$2.00 each; VS New Jersey--$7.50, VS Indiana--$1.50. The 
total of these five assays is $22.00 for each specimen submitted.
* * * * *
    (c) The user fees in this section do not include any costs that may 
be incurred due to special mail handling, such as express, overnight, 
or foreign mailing. If a test requires special mail handling, all costs 
incurred must be paid by the user as specified in paragraph (a) of this 
section, in addition to the user fee listed in paragraph (a) of this 
section. [[Page 27923]] 
    13. Section 130.15 would be amended as follows:
    a. In paragraph (a), by revising footnote 1 to the table to read as 
set forth below.
    b. By adding a new paragraph (c) to read as set forth below.


Sec. 130.15  User fees for tests performed at FADDL.

    (a) * * *
    \1\Because tests with multiple and subsequent antigens can be 
set up for a fraction of the cost of a single-antigen test, tests 
subsequent to the first antigen used for these assays are reduced 
down to 20% of the cost of using the first antigen. The following 
assays are examples of these cost savings: complement fixation (CF) 
tests for foot-and-mouth disease or vesicular stomatitis; virus 
neutralization (VN) tests for foot-and-mouth disease or vesicular 
stomatitis. For example, for CF and VN tests for foot-and-mouth 
disease A, O, and C antigens, the costs are as follows: CF A 
antigen--$30.50, O antigen--$6.25, and C antigen--$6.25; VN A 
antigen--$22.00, O antigen--$4.50, and C antigen--$4.50. The total 
of these six assays is $74.00 for each specimen tested for these 
agents.
* * * * *
    (c) The user fees in this section do not include any costs that may 
be incurred due to special mail handling, such as express, overnight, 
or foreign mailing. If a test requires special mail handling, all costs 
incurred must be paid by the user as specified in paragraph (a) of this 
section in addition to the user fee listed in paragraph (a) of this 
section.
    14. Section 130.16 would be amended as follows:
    a. In paragraph (a), in the table, by revising the entry for 
``Virus isolation'' and by adding a new test in alphabetical order to 
read as set forth below.
    b. By adding a new paragraph (c) to read as set forth below.


Sec. 130.16  User fees for reference assistance testing.

    (a) * * *

------------------------------------------------------------------------
                             Test                               User fee
------------------------------------------------------------------------
                                                                        
                          *    *    *    *    *                         
(3) Other tests:                                                        
                          *    *    *    *    *                         
Virus isolation (except Newcastle disease virus)..............    $29.75
Virus isolation for Newcastle disease virus...................     14.00
------------------------------------------------------------------------

* * * * *
    (c) The user fees in this section do not include any costs that may 
be incurred due to special mail handling, such as express, overnight, 
or foreign mailing. If a test requires special mail handling, all costs 
incurred must be paid by the user as specified in paragraph (a) of this 
section in addition to the user fee listed in paragraph (a) of this 
section.
     15. Section 130.17 would be amended as follows:
    a. In paragraph (a), in the table, in the entry for Johnin: OT, 
under the Unit (ml.) column, by removing the numeral ``10'' and adding 
``2'' in its place.
    b. By adding a new paragraph (c) to read as set forth below.


Sec. 130.17  User fees for diagnostic reagents, slide sets, and tissue 
sets.

* * * * *
    (c) The user fees in this section do not include any costs that may 
be incurred due to special mail handling, such as express, overnight, 
or foreign mailing. If a test requires special mail handling, all costs 
incurred must be paid by the user as specified in paragraph (a) of this 
section in addition to the user fee listed in paragraph (a) of this 
section.
    16. Section 130.18 would be amended as follows:
    a. By redesignating the existing text as paragraph (a).
    b. By adding a new paragraph (b) to read as set forth below.


Sec. 130.18   User fees for sterilization by gamma radiation.

    (a) * * *
    (b) The user fees in this section do not include any costs that may 
be incurred due to special mail handling, such as express, overnight, 
or foreign mailing. If a test requires special mail handling, all costs 
incurred must be paid by the user as specified in paragraph (a) of this 
section in addition to the user fee listed in paragraph (a) of this 
section.
    17. Section 130.20 would be amended as follows:
    a. In paragraph (a), by redesignating footnote 7 as footnote 8, and 
by revising the table to read as set forth below.
    b. In paragraph (b)(1), by revising the table to read as set forth 
below.
    c. In paragraph (c), by removing the words ``it is endorsed'' and 
by adding the phrase ``the export health certificate is prepared for 
endorsement completely at the site of the inspection'' in their place.
    d. In paragraph (c), by removing the reference ``Sec. 130.7'' and 
adding ``Sec. 130.21'' in its place.
    e. By redesignating paragraph (d) as paragraph (e) and adding a new 
paragraph (d) to read as set forth below.


Sec. 130.20  User fees for endorsing export health certificates.
    (a) * * *

------------------------------------------------------------------------
                    Certificate categories                      User fee
------------------------------------------------------------------------
Slaughter animals, of any type, moving to.....................    $24.50
Canada or Mexico..............................................  ........
Nonslaughter horses to Canada.................................     26.25
Poultry.......................................................     21.00
Hatching eggs.................................................     21.00
Animal products...............................................     21.50
Other endorsements or certifications..........................     16.50
------------------------------------------------------------------------

    (b)(1) * * *

------------------------------------------------------------------------
 Number of tests/vaccinations        Number of animals on               
           required                       certificate              Fee  
------------------------------------------------------------------------
1-2...........................  First animal..................    $52.50
                                Each additional animal........      3.00
3-6...........................  First animal..................     64.75
                                Each additional animal........      5.00
7 or more.....................  First animal..................     75.75
                                Each additional animal........      6.00
------------------------------------------------------------------------

* * * * *
    (d) The user fees prescribed in this section will not apply if a 
requested export health certificate is not endorsed by an APHIS 
veterinarian. The minimum user fee of $16.50 will be charged for each 
export health certificate that is requested but not endorsed.
    18. Section 130.21 would be amended as follows:
    a. By revising paragraphs (a)(1) through (a)(5) to read as set 
forth below.
    b. By adding new paragraphs (a)(6) and (a)(7) to read as set forth 
below.
    c. In paragraph (b), before the colon, by adding the phrase 
``charged per each employee required to perform the service''.
    d. In paragraph (b)(1), by removing the figure $50.00 and adding 
``$56.00'' in its place.
    e. In paragraph (b)(2), by removing the figure ``$12.50'' and 
adding ``$14.00'' in its place.
    f. In paragraph (b)(3), by removing the figure ``$16.00'' and 
adding ``$16.50'' in its place.
    g. By revising paragraph (c) to read as set forth below.


Sec. 130.21  User fees for inspection and supervision services provided 
within the United States for export animals, birds, and animal products 
and byproducts.

    (a) * * *
    (1) Inspecting an export isolation facility and animals in it;
    (2) Supervising animal or bird rest periods prior to export;
    (3) Supervising loading or unloading of animals or birds for export 
shipment;
    (4) Inspecting means of conveyance used to export animals or birds;
    (5) Conducting inspections under authority of part 156 of this 
chapter; [[Page 27924]] 
    (6) Approving or inspecting an embryo or semen collection center or 
the animals in it; and
    (7) Other export or embarkation services not specified elsewhere in 
this part.
* * * * *
    (c) If a service must be conducted on a Sunday or holiday or at any 
other time outside the normal tour of duty of the employee, then the 
premium user fee rate, in lieu of the user fee listed in paragraph (b) 
of this section, must be paid for each employee required to perform 
each service:
    (1) $65.00 per hour for weekdays and holidays; and
    (2) $74.00 per hour for Sundays.
    19. Section 130.50 would be amended as follows:
    a. In paragraph (b)(1), by redesignating footnote 8 as footnote 9 
and revising it to read as set forth below.
    b. In paragraph (b)(2), at the end of the sentence, by adding 
``drawn on a U.S. bank in U.S. dollars and made payable to the U.S. 
Department of Agriculture or USDA''.
    c. In paragraph (b)(3), immediately before the word ``or'', by 
adding ``drawn on a U.S. bank in U.S. dollars and made payable to the 
U.S. Department of Agriculture or USDA''.
    d. By revising paragraph (b)(4) to read as set forth below. 
Sec. 130.50 Payment of user fees.
* * * * *
    (b) * * *
    (4) Credit cards (VISA [Insert trademark symbol] or MasterCard 
[Insert trademark symbol]) if payment is made at an Animal Import 
Center or an APHIS office that is equipped to process credit cards.\9\

    \9\A list of Animal Import Centers and APHIS offices that accept 
credit cards may be obtained from the Animal and Plant Health 
Inspection Service, Veterinary Services, National Center for Import 
and Export, 4700 River Road Unit 38, Riverdale, MD 20737-1231.
---------------------------------------------------------------------------

* * * * *
    Done in Washington, DC, this 22nd day of May 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-12999 Filed 5-25-95; 8:45 am]
BILLING CODE 3410-34-P