[Federal Register Volume 63, Number 71 (Tuesday, April 14, 1998)]
[Rules and Regulations]
[Pages 18117-18118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9789]



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  Federal Register / Vol. 63, No. 71 / Tuesday, April 14, 1998 / Rules 
and Regulations  

[[Page 18117]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 130

[Docket No. 96-089-2]


Import/Export User Fees; Exemptions

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended the user fee regulations to provide that user fees 
are not charged for veterinary diagnostic services in the following 
cases: When veterinary diagnostic services are provided in connection 
with Federal programs to control or eradicate diseases or pests of 
livestock or poultry in the United States (program diseases) or in 
support of zoonotic disease surveillance when there is a significant 
risk to human health; and when veterinary diagnostic reagents are 
distributed within the United States for testing for foreign animal 
diseases. In addition, we eliminated the user fee for export health 
certificates that are requested and reviewed, but not endorsed. We made 
these changes to eliminate confusion, clarify when certain user fees 
apply, and eliminate an unnecessary user fee.

EFFECTIVE DATE: The interim rule was effective on November 7, 1997.

FOR FURTHER INFORMATION CONTACT: Ms. Donna Ford, Section Head, 
Financial Systems and Services Branch, Budget and Accounting Division, 
M&B, APHIS, 4700 River Road Unit 54, Riverdale, MD 20737-1232, (301) 
734-8351.

SUPPLEMENTARY INFORMATION:

Background

    In an interim rule effective November 7, 1997, and published in the 
Federal Register on November 14, 1997 (62 FR 61005-61007, Docket No. 
96-089-1), we amended 9 CFR part 130 (the regulations) to provide that 
user fees would not be charged for veterinary diagnostic services 
listed in Secs. 130.14 through 130.18 in the following cases: (1) When 
veterinary diagnostic services are provided in connection with Federal 
programs to control or eradicate diseases or pests of animals in the 
United States (program diseases) or in support of zoonotic disease 
surveillance when there is a significant risk to human health; and (2) 
when veterinary diagnostic reagents are distributed within the United 
States for testing for foreign animal diseases. In addition, we 
eliminated the user fee listed in Sec. 130.20(d) for export health 
certificates that are requested and reviewed, but not endorsed.
    Comments on the interim rule were required to be received on or 
before January 13, 1998. We received one comment by that date. The 
commenter supported the interim rule as written and requested a 
clarification of the policy.
    In the interim rule, we explained that veterinary diagnostics is 
the work performed in a laboratory to determine if a disease-causing 
organism or chemical agent is present in body tissues or cells and to 
identify those organisms or agents. We also explained that we provide 
veterinary diagnostic services in support of zoonotic disease 
1 surveillance. Occasionally, there are zoonotic diseases 
that pose a significant threat to human health, and a thorough 
knowledge of the prevalence of the disease in animals will directly 
benefit control of the disease in humans. In these cases, the cost of 
the testing related to the zoonotic disease surveillance is covered by 
appropriated funds.2 Therefore, we amended our regulations 
to state that user fees are not charged for veterinary diagnostic 
services provided in support of zoonotic disease surveillance when the 
Administrator has determined that there is a significant threat to 
human health (Sec. 130.49(a)(3)).
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    \1\ Zoonotic diseases are those that affect both animals and 
humans and are communicable from animals to humans. Examples of 
zoonotic diseases are anthrax, brucellosis, leptospirosis, rabies, 
salmonellosis, tuberculosis, and vesicular stomatitis.
    \2\ At this time, salmonellosis is the only zoonotic disease 
that falls into this category, and user fees are not charged for the 
salmonella testing that will provide direct benefit to control of 
disease in humans. User fees are charged for other salmonellosis 
testing.
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    The commenter requested a clarification of our user fee policy for 
chemical agent testing by the Animal and Plant Health Inspection 
Service. Specifically, the commenter asked whether user fees would be 
waived for chemical residue testing in quality assurance programs or 
when there is an accidental pesticide or other chemical contamination 
of animals which could cause human illness.
    Zoonotic diseases are caused by infectious agents, not chemical 
agents. For this reason, chemical residue testing in quality assurance 
programs would not be exempt from user fees. Likewise, toxicologic 
tests conducted in response to an accidental pesticide or other 
chemical contamination of animals would not be considered surveillance 
for a zoonotic disease and would not be exempt from user fees.
    Therefore, based on the rationale set forth in the interim rule and 
in this document, we are affirming the provisions of the interim rule 
as a final rule without change.
    This action also affirms the information contained in the interim 
rule concerning Executive Order 12866 and the Regulatory Flexibility 
Act, Executive Orders 12372, and 12988, and the Paperwork Reduction 
Act.
    Further for this action, the Office of Management and Budget has 
waived the review process required by Executive Order 12866.

List of Subjects in 9 CFR Part 130

    Animals, Birds, Diagnostic reagents, Exports, Imports, Poultry and 
poultry products, Quarantine, Reporting and recordkeeping requirements, 
Tests.

PART 130--USER FEES

    Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 9 CFR part 130 and that was published at 62 
FR 61005-61007 on November 14, 1997.

    Authority: 5 U.S.C. 5542; 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 2.22, 2.80, and 371.2(d).


[[Page 18118]]


    Done in Washington, DC, this 8th day of April 1998.
Charles P. Schwalbe,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-9789 Filed 4-13-98; 8:45 am]
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