[Federal Register Volume 63, Number 194 (Wednesday, October 7, 1998)]
[Rules and Regulations]
[Pages 53783-53798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26825]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 130

[Docket No. 94-115-2]
RIN 0579-AA70


Veterinary Diagnostic Services User Fees

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are revising user fees for veterinary diagnostic services 
to reflect changes in operating costs and changes in calculations. We 
are also adding user fees to cover the costs of additional veterinary 
diagnostic services. In addition, we are reorganizing these user fees 
to list user fees by type of service and location where the service is 
provided, and to group reagents into categories. We are also revising 
user fees for the use of animal import centers operated by the Animal 
and Plant Health Inspection Service and adding user fees for new 
spaces. These actions are necessary to ensure that we recover our 
costs. The Food, Agriculture, Conservation, and Trade Act of 1990, as 
amended, authorizes us to set and collect these user fees.

EFFECTIVE DATE: November 6, 1998.

FOR FURTHER INFORMATION CONTACT: For information concerning services 
provided for live animals and germ plasm, contact Dr. Gary S. Colgrove, 
Chief Staff Veterinarian, 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 veterinary 
diagnostics, contact Dr. James E. Pearson, Director, National 
Veterinary Services Laboratories, VS, APHIS, P.O. Box 844, Ames, IA 
50010; (515) 239-8266.
    For information concerning program operations for Veterinary 
Services, contact Ms. Louise Lothery, Director, Veterinary Services 
Resource Management Staff, APHIS, 4700 River Road Unit 44, Riverdale, 
MD 20737-1231; (301) 734-7517.
    For information concerning rate development of the proposed user 
fees, contact Ms. Donna Ford, Section Head, Financial Systems and 
Services Branch, Budget and Accounting Division, APHIS, 4700 River Road 
Unit 54, Riverdale, MD 20737-1232; (301) 734-8351.


[[Page 53784]]


SUPPLEMENTARY INFORMATION:

Background

User Fees Authorized Under the Farm Bill

    The Food, Agriculture, Conservation and Trade Act of 1990, as 
amended (referred to below as the Farm Bill), authorizes the Secretary 
to prescribe regulations 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 (sec. 2509(c)(1) of the 
Farm Bill; 21 U.S.C. 136a(c)(1)). The Farm Bill also authorizes the 
Secretary of Agriculture, among other things, to prescribe regulations 
and collect fees to recover the costs of veterinary diagnostics 
relating to the control and eradication of communicable diseases of 
livestock or poultry within the United States (sec. 2509(c)(2) of the 
Farm Bill; see 21 U.S.C. 114a).
    User fees to reimburse the Animal and Plant Health Inspection 
Service (APHIS) for the costs of providing veterinary diagnostic 
services and import- and export-related services for live animals and 
birds and animal products are contained in 9 CFR part 130 (the 
regulations).
    On May 4, 1998, we published in the Federal Register (63 FR 24473-
24500, Docket No. 94-115-1) a proposal to amend the regulations by 
revising the user fees for certain veterinary diagnostic services, 
including certain diagnostic tests, reagents, and other veterinary 
diagnostic materials and services. Operating costs have increased since 
these user fees were established in a final rule published in the 
Federal Register on September 1, 1993 (58 FR 38954-38961, Docket No. 
91-021-5). Additionally, reviews of these user fees showed that some of 
the original estimates did not include enough direct labor hours and 
that the direct labor calculations needed to be revised to accurately 
reflect the costs of providing services. We proposed a comprehensive 
overhaul of the veterinary diagnostic user fees to more accurately 
recover our costs and to provide clarity and ease of use for customers 
needing to look up user fees for our tests and other services. Our 
proposal included reorganizing the presentation of user fees in the 
regulations, implementing new user fees, and revising all of the 
existing veterinary diagnostic user fees.
    We solicited comments concerning our proposal for 60 days ending 
July 6, 1998. We received four comments by that date. They were from a 
State department of agriculture, poultry associations, and a university 
veterinary laboratory. They are discussed below.
    Comment: Increases in user fees will significantly impact 
diagnostic laboratories; user fee collections would rise by 60.3 
percent.
    Response: Veterinary diagnostic services user fees have not changed 
since 1993. We are no longer appropriated funds for these services. 
Therefore, to continue providing veterinary diagnostic services, we 
must increase the user fees we charge diagnostic laboratories and other 
customers who benefit from our veterinary diagnostic services. The 
total overall anticipated increase in user fee collections is 
$1,283,800 ($3,414,484 increased from $2,130,684), or 60.3 percent. As 
specified in the proposed rule, most of the individual increases will 
make only small contributions to the total new collections. Typically, 
the large percentage increases in user fees are related to veterinary 
diagnostic services which are ordered in small amounts. Therefore, the 
increases should not have a significant affect on diagnostic 
laboratories or other customers.
    Comment: If fees continue to rise, many disease problems may go 
undetected because small laboratories will simply not order reagents or 
tests unless absolutely necessary. This will drive fees up even more as 
the National Veterinary Services Laboratories (NVSL) at Ames, IA, tries 
to meet its financial goals. APHIS mandates many programs, but seems 
unwilling to help conduct those mandates. The proposed fee increases 
will undermine any national efforts to collect data and protect animal 
and public health.
    Response: We do not believe that these user fee increases will 
result in decreased testing or endanger animal or public health. 
Section 130.49 of the regulations specifies exemptions to our user fees 
for veterinary diagnostic services provided (1) in connection with 
Federal programs to control or eradicate diseases or pests of livestock 
or poultry in the United States (program diseases), (2) for zoonotic 
disease surveillance, or (3) for the detection of foreign animal 
diseases. Further, our user fees are calculated for full cost recovery 
only. They are not designed to meet any other financial goals and are 
not calculated based on the volume of tests conducted or reagents 
supplied. The costs of reagents are a small part of the actual costs of 
conducting a test. In addition, most of the individual user fee 
increases are small. Therefore, we do not expect that these increases 
will result in reduced testing by laboratories, large or small.
    Comment: Public health concerns such as salmonella and its 
diagnosis through salmonella serotyping should be part of the 
appropriation. Unless this test is free of charge, no serotyping will 
be conducted and the nation will suffer.
    Response: Salmonella serotyping is part of zoonotic disease 
surveillance and, therefore, is exempt from these user fees. It will 
continue to be covered by appropriated funds.
    Comment: As an alternative to increasing the user fees, the 
administrative overhead costs should be trimmed to no more than 20 
percent instead of 113 percent of direct labor.
    Response: We continually strive to improve efficiency in operations 
and review our costs to make sure they are as low as possible. Our 
agency overhead and departmental charges are approximately 20 percent 
of our user fees. Our administrative support costs, which are 113 
percent of direct labor, include costs that are required to operate the 
laboratories and perform veterinary diagnostic services. For every $1 
incurred in direct labor at NVSL, another $1.13 is incurred in 
administrative support costs. Some of these costs would typically be 
broken out into costs for direct materials and other direct costs; 
however, for simplicity, we group them all as administrative support 
costs. As stated in the proposal, our administrative support costs 
include costs for clerical and administrative activities; direct 
materials; indirect labor hours; travel and transportation for 
personnel, supplies, equipment, and other necessary items; training; 
legal counsel; general supplies for offices, washrooms, cleaning, etc.; 
contractual services; grounds maintenance; and utilities. Direct 
materials include any materials needed to conduct the test or provide 
the diagnostic reagent, slide set, tissue set, or service. For example, 
direct materials for conducting a laboratory test include, but are not 
limited to, glassware, chemicals, and other supplies necessary to 
perform the test. Costs for these direct materials are included in 
administrative support costs because direct materials are standard 
laboratory supplies and not purchased solely for a specific test. 
Indirect labor hours include time required for supervision of personnel 
and time spent doing necessary work that is not directly connected with 
a test, diagnostic reagents, or other veterinary diagnostic material or 
service, such as equipment repair. Contractual services may include, 
but are not limited to, guard service and maintenance. Some 
administrative support items may or may not be contractual, depending 
on

[[Page 53785]]

local circumstances. For example, trash pickup may be provided as a 
utility or a contractual service. However, the costs are all for 
administrative support. Utilities include water, telephone, 
electricity, natural and propane gas, heating and diesel oil. We make 
every effort to keep all of these costs as low as possible.
    Comment: The proposed user fees for test reagents and sample 
confirmation testing at NVSL and the Foreign Animal Disease Diagnostic 
Laboratory (FADDL) at Greenport, NY, for diseases of national 
importance, such as brucellosis and pseudorabies, will have a negative 
impact on State laboratories because the fee increases for test 
reagents would shift the cost from APHIS to the State laboratories. The 
projected cost would increase by $2000 per year for a State laboratory.
    Response: The user fee changes in this rule will not negatively 
affect State laboratories or their testing for diseases of national 
importance, such as brucellosis and pseudorabies. We specify in 
Sec. 130.49 of the regulations that user fees are not charged for 
veterinary diagnostic services provided in connection with Federal 
programs to control or eradicate diseases or pests of livestock or 
poultry in the United States.
    Comment: The effect of the user fee increases for check samples, 
reference sera, confirmation analysis, and standard operating 
procedures and manuals is difficult to calculate. The estimated cost is 
$1,000 per year for a State laboratory. This would have a negative 
impact on State laboratories.
    Response: We understand that adding user fees for check tests, 
standard operating procedures, manuals, training, and technical 
assistance will increase our customer's costs. We are no longer 
appropriated funds to pay for these services. Therefore, to continue 
providing these services, we must establish user fees to recover our 
costs.
    Comment: APHIS is proposing to increase user fees for veterinary 
diagnostic services again. The poultry industry of Georgia opposes this 
increase.
    Response: This is the first increase in the veterinary diagnostic 
user fees since they were established in 1993. We need to increase 
these user fees because, as stated in the proposal, operating costs 
have increased since these user fees were established in a final rule 
published in the Federal Register on September 1, 1993.
    Comment: These proposed fee increases would severely impact the 
monitoring and diagnostic abilities of the extensive poultry laboratory 
network in Georgia. We believe this increase would impact the health 
and safety of the food supply of poultry and poultry products in 
Georgia. Total fees would increase from current costs of $2,700 to 
$42,881.25 ($1,305 from increased fees for DNA fingerprinting and 
pasteurella antiserums; $40,181.25 from new fees for salmonella 
bacterial serotyping, mycoplasma hemagglutination antigens, avian 
influenza antigen, and avian influenza).
    Response: We disagree. The user fee changes in this rule should not 
affect monitoring and diagnostic abilities of the poultry laboratory 
network in Georgia, and therefore, will not affect the health and 
safety of the food supply of poultry and poultry products. While we are 
implementing some new user fees, because we are no longer allocated 
funds to pay for these services, we are not changing the exemptions 
from existing user fees as specified in Sec. 130.49. Therefore, if you 
were exempt from a specific user fee in the past, then you are still 
exempt from that user fee. As stated above, we specify in the 
regulations that user fees are not charged for veterinary diagnostic 
services provided in connection with zoonotic disease surveillance, 
such as salmonella serotyping, or for the detection of foreign animal 
diseases, such as highly pathogenic avian influenza. Specifically, user 
fees will not be charged for salmonella bacterial serotyping, avian 
influenza antigen, and avian influenza antiserum. Because of these 
exemptions, we estimate that the actual increase in user fees for the 
services and reagents listed in the comment would be only $2,897.50, 
due to revised and new user fees for DNA fingerprinting, pasteurella 
antiserums, and mycoplasma hemagglutination antigens.
    Comment: Delay the proposal until there can be a full discussion 
and review.
    Response: By publishing the proposed rule and requesting comments 
for 60 days we believe that we have provided the public with ample 
opportunity to review and comment on the changes in the veterinary 
diagnostic services user fees.
    Comment: If and when fee increases are justified, do them well in 
advance of the budgeting period.
    Response: We understand the need to plan budgets and the concern 
about having budgets affected by increases in user fees. Different 
customers start their budgeting periods at different times of the year. 
Therefore, it would be impossible to schedule our fee changes in 
advance of all customers' budgeting periods. Our proposal signaled our 
intention to revise the user fees. The proposal was published in the 
Federal Register on May 4, 1998, and was open for public comment for 60 
days. This rule will not take effect until 30 days after the date it is 
published in the Federal Register. This delay should give the commenter 
and others adequate time to prepare.

Miscellaneous

    We are making minor, nonsubstantive, editorial changes in the rule 
for clarity.

Plain Language Change

    On June 1, 1998, President Clinton issued a memorandum requiring 
agencies to write all documents in plain language. Specifically, for 
regulations, agencies must use plain language in all proposed rules 
published in the Federal Register after January 1, 1999. Agencies must 
also use plain language in all final rules published in the Federal 
Register after January 1, 1999, except when the proposed rule was 
published before January 1, 1999. For existing regulations, the 
memorandum encourages agencies to rewrite in plain language whenever 
possible.
    We try to make our regulations as clear as possible. With the plain 
language initiative, we will increase our efforts to use active verbs 
and personal pronouns to clarify who is responsible for what action. We 
will also use a question and answer format where it makes sense, as 
well as other techniques, to make our regulations easier to understand.
    In this final rule, we have rewritten the overtime requirements in 
Sec. 130.50(b)(3). We have used a question and answer format, changed 
verbs from passive to active voice, used personal pronouns, and added a 
chart. The chart shows information that readers previously would have 
had to turn to 9 CFR part 97 to find.
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, with the 
changes discussed in this document.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. This rule 
has been determined to be not significant for the purposes of Executive 
Order 12866 and, therefore, has not been reviewed by the Office of 
Management and Budget.
    Below is a summary of the economic analysis for this final rule. 
The economic analysis provides a cost-benefit analysis as required by 
E.O. 12866 and a Final Regulatory Flexibility Analysis, analyzing the 
effects of this

[[Page 53786]]

action on small entities, as required by the Regulatory Flexibility 
Act. A copy of the full economic analysis, which includes comparisons 
of each user fee change and the change in collections for each user 
fee, is available for review at the location listed in the ADDRESSES 
section at the beginning of this document.

Need and Objective of This Rule

    The provisions in 21 U.S.C. 114a authorize the Secretary of 
Agriculture to control and eradicate communicable diseases of livestock 
and poultry. The Food, Agriculture, Conservation and Trade Act of 1990, 
as amended (referred to below as the 1990 Farm Bill), authorizes the 
Secretary of Agriculture, among other things, to prescribe regulations 
and collect fees to recover the costs of carrying out the provisions of 
21 U.S.C. 114a that relate to veterinary diagnostics (sec. 2509(c)(2) 
of the 1990 Farm Bill; see 21 U.S.C. 114a).
    The 1990 Farm Bill further authorizes the Secretary 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 1990 Farm Bill; 21 U.S.C. 
136a(c)(1)).
    In addition, section 2509(d) of the 1990 Farm Bill (21 U.S.C. 
136a(d)) provides that the Secretary may prescribe such regulations as 
the Secretary determines necessary to carry out these provisions of the 
1990 Farm Bill.

New and Revised User Fees

    We are revising the user fees for certain veterinary diagnostic 
services, including certain diagnostic tests, reagents, and other 
veterinary diagnostic materials and services. In addition, we are 
adding new user fees for other veterinary diagnostic services we 
provide. We are reorganizing the regulations in 9 CFR part 130 to list 
user fees by type of service and location where service is provided, 
and to group diagnostic reagents into categories.
    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. 
Services in this category include: (1) Performing laboratory tests and 
providing diagnostic reagents and other veterinary diagnostic materials 
and services at the Foreign Animal Disease Diagnostic Laboratory 
(FADDL) at Greenport, NY, and (2) performing identification, serology, 
and pathobiology tests and providing veterinary diagnostic reagents and 
other materials and services at the National Veterinary Services 
Laboratories (NVSL) at Ames, IA. Diagnostic reagents are biological 
materials used in diagnostic tests to detect disease agents or 
antibodies by causing an identifiable reaction. We also consider 
sterilization by gamma radiation to be a veterinary diagnostic service. 
Other miscellaneous veterinary diagnostic services include, but are not 
limited to, providing check tests, test kits, manuals, standard 
operating procedures, and training.

Impact on Small Entities

    Users of these veterinary diagnostic services are importers, 
exporters, veterinarians, commercial laboratories, State laboratories, 
universities, and foreign governments.
    The Small Business Administration's criteria for a small entity 
engaged in importing and exporting live animals, poultry, and birds is 
one whose total sales are less than $5 million annually. This is also 
the criteria for small testing laboratories, veterinary service 
providers, and research organizations.
    Except for those entities who deal exclusively in purebred or 
registered animals, 1995 data from the Bureau of the Census shows that 
the majority of agricultural entities who deal in grade animals can be 
considered small. However, the number of entities who specifically 
trade in live animals and who would qualify as a small entity under 
this definition cannot be determined.
    According to the Bureau of the Census, 94 percent of testing 
laboratories can be considered small. While veterinary testing 
laboratories comprise part of this classification, it cannot be 
determined how many entities performing veterinary services would be 
considered small under the Small Business Administration's guidelines.
    To the extent that changes in user fees alter operational costs, 
any entity who utilizes APHIS'' services that are subject to user fees 
may be affected by the changes in user fees. The degree to which an 
entity is affected depends on its market power, or the ability to which 
costs can be either absorbed or passed on to its buyers. Without 
information on either profit margins and operational expenses of the 
affected entities 1, or the supply responsiveness of the 
affected industry 2, the scale of impacts cannot be 
precisely predicted.
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    \1\ Profits for sales of small entities are proprietary in 
nature and are not a part of the public record.
    \2\ The measurement of supply responsiveness would provide 
information on the likely impact on an entity's production due to 
changes in operating costs.
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Changes in Collections

    The estimated increased collections generated by the revised user 
fees could be $1.28 million annually (collections could increase from 
$2.13 million collected in FY 97 to $3.41 million). This represents an 
increase in user fee collections for veterinary diagnostics and other 
import-and export-related services of approximately 60.3 percent. (See 
Table 13.)

                   Table 13.--Summary of Current and Projected Collections for APHIS User Fees
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                                                                   Current user    Revised user   Change in user
                       User fee categories                              fee             fee             fee
                                                                    collections     collections     collections
------------------------------------------------------------------------\1\-------------------------------------
Revised Veterinary Diagnostics User Fees:
    FADDL: \2\
        Reagents, Tests, Other (Sec.  130.14)...................         508,297       1,074,542         566,245
    NVSL:
        Identification Tests (Sec.  130.15).....................         398,023         428,581          30,558
        Serology Tests (Sec.  130.16)...........................         727,979         928,506         200,527
        Pathobiology Tests (Sec.  130.17).......................          81,260          90,608           9,348
        Reagents (Sec.  130.18).................................          76,534          84,321           7,787
        Other (Sec.  130.19)....................................         149,184         174,832          25,648
                                                                 -----------------------------------------------

[[Page 53787]]

            Total Revised Veterinary Diagnostics User Fees......       1,941,277       2,781,390         840,113
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New Veterinary Diagnostics User Fees:
    FADDL:
        Reagents, Tests, Other (Sec.  130.14)...................  ..............          98,126          98,126
    NVSL:
        Identification Tests (Sec.  130.15).....................  ..............          47,476          47,476
        Serology Tests (Sec.  130.16)...........................  ..............           1,000           1,000
        Pathobiology Tests (Sec.  130.17).......................  ..............           1,397           1,397
        Reagents (Sec.  130.18).................................  ..............         154,929         154,929
        Other (Sec.  130.19)....................................  ..............         104,589         104,589
                                                                 -----------------------------------------------
            Total New Veterinary Diagnostics User Fees..........  ..............         407,517         407,517
                                                                 ===============================================
            Total Veterinary Diagnostics User Fees Collections..      *1,941,277       3,188,907       1,247,630
Other User Fee Changes:
    Zoo Animals Quarantined in APHIS Animal Import Centers (Sec.
      130.2 (a))................................................           1,935           3,192           1,257
    Non-Standard Care and Handling for Birds or Poultry (Sec.
     130.2 (b)).................................................          33,780          37,965           4,185
    Exclusive Use of Space at APHIS Animal Import Center in
     Newburgh, NY (Sec.  130.3).................................         126,164         121,450         (4,714)
    User Fees for Other Services (Sec.  130.8)..................          27,528          62,970          35,442
                                                                 -----------------------------------------------
            Total Other User Fee Changes........................        *189,407         225,577          36,170
                                                                 ===============================================
            Total Changes in User Fee Collections...............       2,130,684       3,414,484       1,283,800
----------------------------------------------------------------------------------------------------------------
\1\ Source: USDA--APHIS--FSO, NVSL, FADDL.
\2\ Includes collections from cooperative agreements where user fees are the basis for determining amount to be
  charged.

    The benefit of user fees is the shift in the payment of services 
from taxpayers as a whole to those persons who are receiving the 
government services. While taxes may not change by the same amount as 
the change in user fee collections, there is a related shift in the 
appropriations of taxes to government programs, which allows those tax 
dollars to be applied to other programs which benefit the public in 
general. Therefore, there could be a relative savings to taxpayers of 
$1.28 million annually as a result of the changes in user fees.
    The administrative cost involved in obtaining these savings will be 
minimal. APHIS already has a user fee program and a mechanism for 
collecting user fees in place. The changes in this rule will update 
existing user fees in the system and require collection of additional 
user fees. Therefore, increases in administrative costs will be small. 
Because the savings are sufficiently large, and the administrative 
costs will be small, it is likely that the net gain in reducing the 
burden on taxpayers as a whole will outweigh the cost of administering 
the revisions of the user fees.

Estimated Impact

    The user fee changes fall into two categories: New and revised user 
fees. The vast majority of the user fees changes are expected to make 
only small contributions to the total new collections. Most (nearly 70 
percent) of the new user fees will be less than $50 each and 40 percent 
will be less than $25. Most (approximately 70 percent) of the revised 
user fees increase by less than 20 percent, with many (more than 50 
percent) of them increasing by less than 10 percent.
    Approximately 30 percent of the new and revised user fees are more 
than $50 or increase by more than 20 percent, respectively. We were 
concerned about the impact of these user fees, so we reviewed past 
requests for the services to which these fees apply. Requests for these 
services have been low and we do not expect them to change as a result 
of these user fees. Most of the new user fees that exceed $50 either 
include more direct labor time than those services with lower user fees 
or require premium costs to pay for special materials. The revised user 
fees that will increase by more than 20 percent include those user fees 
that were underestimated when initially established. Experience and 
more accurate accounting data have shown that most of these services 
require more direct labor hours, require premium costs to pay for 
special materials, or should be calculated using average lab salaries, 
which is consistent with the calculations for other user fees 
throughout 9 CFR part 130.

Alternatives

    One alternative to this rule would be to make no changes to the 
current user fees. We do not consider making any changes to the current 
user fees a reasonable alternative because we would not recover the 
full cost of providing veterinary diagnostic and import- and export-
related services. Therefore, the only way to pay for these services is 
through charges to the customer through user fees or other forms of 
reimbursable agreements.
    Another alternative to this rule would be to either exempt small 
businesses from these user fees or establish a different user fee 
structure for small businesses. We do not consider exempting small 
businesses from these user fees or establishing a different user fee 
structure for small businesses as viable options. Every business, 
including small businesses, using a government service should pay the 
cost of that service, rather than having other businesses pay a 
disproportionate share or passing those costs on to the general public, 
who are not the primary beneficiary of the service.
    Another alternative to this rule would be to spread the increased 
costs over all of the user fees, so no single user fee would increase 
significantly. Our user fees are calculated to recover the costs of the 
service for which each user fee is charged. To spread the increases 
among user fees would mean that some entities

[[Page 53788]]

would subsidize others. The intent of user fees is to shift the burden 
of the cost of these services from the general taxpayer to the entity 
receiving the service. Therefore, it would not be equitable for APHIS 
to spread the increases evenly over all of the user fees.
    This rule contains no new information collection or recordkeeping 
requirements.

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule: (1) Preempts all State and local laws and 
regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this 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, 0579-0040, 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, we are amending 9 CFR part 130 as follows:

PART 130--USER FEES

    1. The authority citation for part 130 is revised to read as 
follows:

    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; 31 U.S.C. 3701, 3716, 3717, 3719, and 3720A; 7 CFR 
2.22, 2.80, and 371.2(d).

    2. Section 130.1 is amended as follows:
    a. The definitions for APHIS animal health technician, APHIS 
veterinarian, and reference assistance testing are removed.
    b. Definitions for APHIS representative, nonstandard care and 
handling, and nonstandard housing are added, in alphabetical order, to 
read as set forth below.
    c. The definitions for export health certificate and pet birds are 
revised to read as set forth below.
    d. Footnotes 3 and 4 and their references are removed, and footnote 
2 and its reference are redesignated as footnote 3.
    e. At the end of the definitions for zoo bird and zoo equine, a 
reference to footnote 3 is added.


Sec. 130.1  Definitions.

* * * * *
    APHIS representative. An individual, including, but not limited to, 
an animal health technician or veterinarian, authorized by the 
Administrator to perform the services for which the user fees in this 
part are charged.
* * * * *
    Export health certificate. An official document that, as required 
by the importing country, is endorsed by an APHIS representative and 
states that animals, animal products, organisms, vectors, or birds to 
be exported from the United States were found to be healthy and free 
from evidence of communicable diseases and pests.
* * * * *
    Nonstandard care and handling. Nonstandard care and handling 
includes hand-feeding, more than one feeding per day, frequent 
observation, and any handling or observation that requires personnel to 
attend to the birds or poultry outside of normal business hours.\2\
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    \2\ Normal business hours at the APHIS Animal Import Centers 
are: 7:30 a.m. to 11:30 a.m., Honolulu, HI; 7 a.m. to 3:30 p.m., 
Miami, FL; and 8 a.m. to 4:30 p.m., Newburgh, NY.
---------------------------------------------------------------------------

    Nonstandard housing. Nonstandard housing is individual housing not 
normally available at an APHIS animal import center, any housing 
constructed or purchased at the request of the importer, any housing 
with blinds, dense foliage, or plants, and any housing where the 
temperature can be adjusted.
* * * * *
    Pet birds. Birds, except hatching eggs and ratites, that are 
imported or exported for the personal pleasure of their individual 
owners and are not intended for resale.
* * * * *
    4. Section 130.2 is revised to read as follows:


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

    (a) Standard requirements. User fees for each animal or bird 
receiving standard housing, care, feed, and handling while quarantined 
in an APHIS owned or operated animal import center or quarantine 
facility are listed in the following table. Each user fee listed in the 
table is assessed per animal or bird quarantined by APHIS. The person 
for whom the service is provided and the person requesting the service 
are jointly and severally liable for payment of these user fees in 
accordance with Secs. 130.50 and 130.51.

------------------------------------------------------------------------
                                                              Daily user
                       Animal or bird                            fee
------------------------------------------------------------------------
Birds (excluding ratites and pet birds imported in
 accordance with part 93 of this subchapter):
    0-250 grams............................................        $1.00
    251-1,000 grams........................................         3.25
    Over 1,000 grams.......................................         7.50
Domestic or zoo animals (except equines, birds, and
 poultry):
    Bison, bulls, camels, cattle, or zoo animals...........        56.50
    All other--including but not limited to alpacas,
     llamas, goats, sheep, and swine.......................        15.00
Equines (including zoo equines, but excluding miniature
 horses):
    1st through 3rd day....................................       149.50
    4th through 7th day....................................       108.25
    8th and subsequent days................................        91.75
    Miniature horses.......................................        40.25
Poultry:
    Doves, pigeons, quail..................................         2.00
    Chickens, ducks, grouse, guinea fowl, partridges, pea
     fowl, pheasants.......................................         3.50
    Large poultry and large waterfowl including but not
     limited to game cocks, geese, swans, and turkeys......         8.25
Ratites:
    Chicks (less than 3 months old)........................         5.75
    Juveniles (between 3 and 10 months old)................         8.00

[[Page 53789]]

    Adults (11 months old and older).......................        16.25
------------------------------------------------------------------------

    (b) Special requirements. User fees for birds or poultry, including 
zoo birds or poultry, receiving nonstandard housing, care, or handling 
to meet special requirements while quarantined in an APHIS owned or 
operated Animal Import Center or quarantine facility are listed in the 
following table. The user fees listed in the table are assessed for 
each bird or poultry quarantined by APHIS. Special requirements may be 
requested by the importer or required by an APHIS representative. 
Certain conditions or traits, such as pregnancy or aggression, may 
necessitate special requirements for certain birds or poultry. The 
person for whom the service is provided and the person requesting the 
service are jointly and severally liable for payment of these user fees 
in accordance with Secs. 130.50 and 130.51.

------------------------------------------------------------------------
                                                              Daily user
 Bird or poultry  (nonstandard housing, care, or handling)       fee
------------------------------------------------------------------------
Birds 0-250 grams and doves, pigeons, and quail............        $3.25
Birds 251-1,000 grams and poultry such as chickens, ducks,
 grouse, guinea fowl, partridges, pea fowl, and pheasants..         7.50
Birds over 1,000 grams and large poultry and large
 waterfowl including but not limited to game cocks, geese,
 swans, and turkeys........................................        14.00
------------------------------------------------------------------------

    (c) Feed. The importer must either provide feed or pay for it on an 
actual cost basis, including the cost of delivery to the APHIS owned or 
operated Animal Import Center or quarantine facility, for any animal or 
bird that requires a diet other than standard feed, including but not 
limited to diets of fruit, insects, nectar, or fish. (Approved by the 
Office of Management and Budget under control number 0579-0094)
    5. Section 130.3 is amended by revising paragraph (a)(1), including 
the table, to read as follows:


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

    (a)(1) An importer may request to exclusively occupy a space at an 
APHIS animal import center. The user fees for spaces at APHIS animal 
import centers are listed in the following table. The person for whom 
the service is provided and the person requesting the service are 
jointly and severally liable for payment of these user fees in 
accordance with Secs. 130.50 and 130.51.

------------------------------------------------------------------------
                                                       Monthly (30 day)
  APHIS animal import center           Space               user fee
------------------------------------------------------------------------
Miami, FL:
    South Wing...............  6,952 sq. ft. (645.9           $30,285.00
                                sq. m.).
    North Wing...............  6,545 sq. ft. (608.1           $29,377.00
                                sq. m.).
Newburgh, NY:
    Space A..................  5,396 sq. ft. (503.1            43,102.00
                                sq. m.).
    Space B..................  8,903 sq. ft. (827.1            71,118.50
                                sq. m.).
    Space C..................  905 sq. ft. (84.1 sq.            7,229.00
                                m.).
------------------------------------------------------------------------

* * * * * * *
    6. Sections 130.5 through 130.8 are revised to read as follows:


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

    (a) User fees for each animal quarantined in a privately operated 
permanent or temporary import quarantine facility will be calculated at 
$56.00 per hour, or $14.00 per quarter-hour, with a minimum fee of 
$16.50, for each employee required to perform the service. The person 
for whom the service is provided and the person requesting the service 
are jointly and severally liable for payment of these user fees in 
accordance with Secs. 130.50 and 130.51.
    (b) [Reserved]

(Approved by the Office of Management and Budget under control 
number 0579-0094)


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 fees, with a minimum fee of $16.50, for live animals 
presented for importation into or entry into the United States through 
a land border port along the United States-Mexico border are listed in 
the following table. The person for whom the service is provided and 
the person requesting the service are jointly and severally liable for 
payment of these user fees in accordance with the provisions in 
Secs. 130.50 and 130.51.

------------------------------------------------------------------------
                                                               User fee
                    Type of live animal                       (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
------------------------------------------------------------------------

    (b) [Reserved]

(Approved by the Office of Management and Budget under control 
numbers 0579-0055 and 0579-0094)

[[Page 53790]]

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

    (a) User fees, with a minimum fee of $16.50, for live animals 
presented for importation into or entry into the United States through 
any port of entry, other than a land border port along the border 
between the United States and Mexico, are listed in the following 
table. The person for whom the service is provided and the person 
requesting the service are jointly and severally liable for payment of 
these user fees in accordance with the provisions in Secs. 130.50 and 
130.51.

------------------------------------------------------------------------
            Type of live animal                       User fee
------------------------------------------------------------------------
  Animals being imported into the United
                  States:
Horses, other than slaughter and in         $19.00 per head.
 transit.
Breeding animals (grade animals, except
 horses):
    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.................................  0.25 per head.
    Sheep and calves......................  0.25 per head.
Slaughter animals, all types..............  16.50 per load.
Poultry (including eggs), imported for any  33.00 per load.
 purpose.
Animals transiting \1\ the United States..
Cattle....................................  1.00 per head
Swine.....................................  0.25 per head
Sheep and goats...........................  0.25 per head
Horses and all other animals..............  4.50 per head
------------------------------------------------------------------------
\1\ The user fee in this section will be charged for intransit
  authorizations at the port where the authorization services are
  performed. For additional services provided by APHIS, at any port, the
  applicable hourly user fee will apply.

    (b) [Reserved]

(Approved by the Office of Management and Budget under control 
numbers 0579-0055 and 0579-0094)


Sec. 130.8  User fees for other services.

    (a) User fees for other services that are not specifically 
addressed elsewhere in part 130 are listed in the following table. The 
person for whom the service is provided and the person requesting the 
service are jointly and severally liable for payment of these user fees 
in accordance with the provisions in Secs. 130.50 and 130.51.

------------------------------------------------------------------------
                  Service                              User fee
------------------------------------------------------------------------
Germ plasm being exported: \1\
    Embryo:
        (up to 5 donor pairs)..............  $54.75 per certificate.
         (each additional group of donor     24.75 per group of donor
         pairs, up to 5 pairs per group, on   pairs.
         the same certificate).
    Semen..................................  33.50 per certificate.
Germ plasm being imported:\2\
    Embryo.................................  39.50 per load.
    Semen..................................  39.50 per load.
Import compliance assistance:
    Simple (2 hours or less)...............  51.25 per release.
    Complicated (more than 2 hours)........  131.75 per release.
Inspection for approval of slaughter
 establishment:
    Initial approval.......................  246.50 for all inspections
                                              required during the year.
    Renewal................................  213.50 for all inspections
                                              required during the year
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).
Pet birds, except pet birds of U.S. origin
 entering the United States from Canada:
    Which have been out of United States 60  71.25 per lot.
     days or less.
    Which have been out of United States     169.75 per lot.
     more than 60 days.
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  208.50 per application.
     when facility inspection is required.
    For all other permits..................  27.50 per application.
    Amended application....................  11.50 per amended
                                              application.

[[Page 53791]]

    Application renewal....................  15.00 per application.
Release from export agricultural hold:
    Simple (2 hours or less)...............  51.25 per release.
    Complicated (more than 2 hours)........  131.75 per release.
------------------------------------------------------------------------
\1\ This user fee includes a single inspection and resealing of the
  container at the APHIS employee's regular tour of duty station or at a
  limited port. For each subsequent inspection and resealing required,
  the applicable hourly user fee would apply.
\2\ For inspection of empty containers being imported into the United
  States, the applicable hourly user fee would apply, unless a user fee
  has been assessed under 7 CFR 354.3.

    (b) [Reserved]

(Approved by the Office of Management and Budget under control 
numbers 0579-0015, 0579-0040, 0579-0055, and 0579-0094)

    7. Section 130.9 is amended by revising the introductory text of 
paragraph (a) to read as follows and by removing and reserving 
paragraph (b).


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

    (a) User fees for import or entry services listed in (a)(1) through 
(a)(4) of this paragraph will be calculated at $56.00 per hour, or 
$14.00 per quarter hour, with a minimum fee of $16.50, for each 
employee required to perform the service. The person for whom the 
service is provided and the person requesting the service are jointly 
and severally liable for payment of these user fees in accordance with 
Secs. 130.50 and 130.51.
* * * * *
    8. In Sec. 130.10, the introductory text of paragraph (a) is 
revised to read as follows:


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

    (a) User fees for each pet bird quarantined in an animal import 
center 4 or other APHIS-owned or supervised quarantine 
facility are listed in the following table. These user fees include 
standard care, feed, and handling. The person for whom the service is 
provided and the person requesting the service are jointly and 
severally liable for payment of these user fees in accordance with 
Secs. 130.50 and 130.51.
---------------------------------------------------------------------------

    \4\ APHIS animal import centers are located in Honolulu, HI, 
Miami, FL, and Newburgh, NY. The addresses of these facilities are 
published in part 93 of this chapter.
---------------------------------------------------------------------------

* * * * *
    9. Sections 130.14 through 130.18 are revised to read as follows:


Sec. 130.14  User fees for FADDL veterinary diagnostics.

    (a) Diagnostic reagents. User fees for diagnostic reagents 
5 provided by FADDL are listed in the following table. The 
person for whom the service is provided and the person requesting the 
service are jointly and severally liable for payment of these user fees 
in accordance with Secs. 130.50 and 130.51.
---------------------------------------------------------------------------

    \5\ Reagents provided by FADDL are for the diagnosis of animal 
diseases foreign to the United States. These reagents may be 
available to customers on the mainland after safety testing with 
permission from the Administrator. The customer may have to pay the 
cost for the safety test in addition to the reagent user fee. For 
more information on the specific reagents contact: Laboratory Chief, 
USDA, APHIS, VS, FADDL, Greenport, NY 11344; phone (516) 323-2500, 
FAX (516) 323-2798.

----------------------------------------------------------------------------------------------------------------
                        Reagent                            User fee                       Unit
----------------------------------------------------------------------------------------------------------------
Bovine antiserum, any agent...........................          $80.00  1 ml.
Caprine antiserum, any agent..........................           97.50  1 ml.
Cell culture antigen/microorganism....................           63.75  1 ml.
Equine antiserum, any agent...........................          100.50  1 ml.
Fluorescent antibody conjugate........................          120.25  1 ml.
Guinea pig antiserum, any agent.......................          104.50  1 ml.
Monoclonal antibody...................................          122.75  1 ml.
Ovine antiserum, any agent............................           94.25  1 ml.
Porcine antiserum, any agent..........................           81.25  1 ml.
Rabbit antiserum, any agent...........................           98.50  1 ml.
----------------------------------------------------------------------------------------------------------------

    (b) Veterinary diagnostics tests. User fees for veterinary 
diagnostic tests performed at FADDL are listed in the following table. 
The person for whom the service is provided and the person requesting 
the service are jointly and severally liable for payment of these user 
fees in accordance with Secs. 130.50 and 130.51.

----------------------------------------------------------------------------------------------------------------
                         Test                              User fee                       Unit
----------------------------------------------------------------------------------------------------------------
Agar gel immunodiffusion..............................          $14.75  Test.
Card..................................................            8.25  Test.
Complement fixation...................................           33.00  Test.
Direct immunofluorescent antibody.....................           11.00  Test.
Enzyme linked immunosorbent assay.....................           12.75  Test.
Fluorescent antibody neutralization (hog cholera).....           96.00  Test.
Hemagglutination inhibition...........................           27.75  Test.
Immunoperoxidase......................................           18.25  Test.
Indirect fluorescent antibody.........................           23.25  Test.
In-vitro safety.......................................          299.50  Test.
In-vivo safety........................................         4345.75  Test.
Latex agglutination...................................           11.00  Test.
Tube agglutination....................................           14.00  Test.
Virus isolation (oesophageal/pharyngeal)..............           88.25  Test.
Virus isolation in embryonated eggs...................          176.00  Test.
Virus isolation, other................................           84.50  Test.

[[Page 53792]]

Virus neutralization..................................           25.75  Test.
----------------------------------------------------------------------------------------------------------------

    (c) Other veterinary diagnostic services. User fees for other 
veterinary diagnostic services performed at FADDL are listed in the 
following table. The person for whom the service is provided and the 
person requesting the service are jointly and severally liable for 
payment of these user fees in accordance with Secs. 130.50 and 130.51.

----------------------------------------------------------------------------------------------------------------
             Veterinary diagnostic service                 User fee                       Unit
----------------------------------------------------------------------------------------------------------------
Bacterial isolation...................................          $55.00  Test.
Hourly user fee services \1\..........................          220.00  Hour.
Hourly user fee services--Quarter hour................           55.00  Quarter hour.
Infected cells on chamber slides or plates............           31.00  Slide.
Reference animal tissues for immunohistochemistry.....           94.25  Set.
Sterilization by gamma radiation......................          530.00  Can.
Training (school or technical assistance).............          450.00  Per person per day.
Virus titration.......................................           55.00  Test.
----------------------------------------------------------------------------------------------------------------
\1\ For all veterinary diagnostic services for which there is no flat rate user fee, the hourly rate user fee
  will be calculated for the actual time required to provide the service.

(Approved by the Office of Management and Budget under control 
numbers 0579-0055 and 0579-0094)


Sec. 130.15  User fees for veterinary diagnostic isolation and 
identification tests performed at NVSL (excluding FADDL) or other 
authorized site.

    (a) Bacteriology isolation and identification tests. User fees for 
bacteriology isolation and identification tests performed at NVSL 
(excluding FADDL) or other authorized sites are listed in the following 
table. The person for whom the service is provided and the person 
requesting the service are jointly and severally liable for payment of 
these user fees in accordance with Secs. 130.50 and 130.51.

----------------------------------------------------------------------------------------------------------------
                         Test                              User fee                       Unit
----------------------------------------------------------------------------------------------------------------
Bacterial identification, automated...................          $16.00  Isolate.
Bacterial identification, non-automated...............           61.25  Isolate.
Bacterial isolation...................................           16.00  Sample.
Bacterial serotyping, all other.......................           30.75  Isolate.
Bacterial serotyping, Pasteurella multocida...........            7.50  Isolate.
Bacterial serotyping, Salmonella......................           21.25  Isolate.
Bacterial toxin typing................................           91.50  Isolate.
Bacteriology requiring special characterization.......           27.00  Test.
DNA fingerprinting....................................           36.50  Test
DNA probe.............................................           29.50  Test.
Fluorescent antibody \1\..............................            9.75  Test.
Leptospira culturing..................................           27.00  Sample.
Leptospira serotyping.................................           80.50  Isolate.
Mycobacterium avian serotyping........................          157.50  Isolate.
Mycobacterium identification (biochemical)............           63.25  Isolate.
Mycobacterium identification (gas chromatography).....           26.50  Procedure.
Mycobacterium isolation, animal inoculations..........          520.50  Submission.
Mycobacterium isolation, all other....................          105.50  Submission.
Mycobacterium paratuberculosis isolation..............           26.50  Submission.
Mycology culture identification.......................           52.75  Isolate.
Mycology/fungus culture or isolation..................           26.50  Isolate.
Mycoplasma isolation..................................           26.25  Sample.
Mycoplasma identification.............................           26.25  Isolate.
Phage typing, all other...............................           26.50  Isolate.
Phage typing, Salmonella enteritidis..................           10.75  Isolate.
Plasmid typing........................................           26.50  Isolate.
Warburg...............................................          316.50  Isolate.
----------------------------------------------------------------------------------------------------------------
\1\ A discount will apply to all diagnostic, non-import related complement fixation, hemagglutination
  inhibition, fluorescent antibody, indirect fluorescent antibody, virus neutralization, and peroxidase linked
  antibody tests. This discount only applies to the 11th and subsequent tests on the same submission by the same
  submitter for the same test and antigen. The user fee for each discounted test will be 20 percent of the
  original user fee rounded up to the nearest quarter. This discount will apply for tests for all diseases
  except equine piroplasmosis, bovine piroplasmosis, dourine, and glanders.

    (b) Virology identification tests. User fees for virology 
identification tests performed at NVSL (excluding FADDL) or other 
authorized sites are listed in the following table. The person for whom 
the service is provided and the person requesting the service are 
jointly and severally liable for payment of these user fees in 
accordance with Secs. 130.50 and 130.51.

----------------------------------------------------------------------------------------------------------------
                         Test                              User fee                       Unit
----------------------------------------------------------------------------------------------------------------
Fluorescent antibody tissue section...................          $18.25  Test.
Virus isolation for Newcastle disease virus...........           15.25  Test.
Virus isolation (except for Newcastle disease virus)..           31.50  Test.
----------------------------------------------------------------------------------------------------------------


[[Page 53793]]

(Approved by the Office of Management and Budget under control 
numbers 0579-0055 and 0579-0094)


Sec. 130.16  User fees for veterinary diagnostic serology tests 
performed at NVSL (excluding FADDL) or at authorized sites.

    (a) Bacteriology serology tests. User fees for bacteriology 
serology tests performed at NVSL (excluding FADDL) or other authorized 
sites are listed in the following table. The person for whom the 
service is provided and the person requesting the service are jointly 
and severally liable for payment of these user fees in accordance with 
Secs. 130.50 and 130.51.

----------------------------------------------------------------------------------------------------------------
                         Test                              User fee                       Unit
----------------------------------------------------------------------------------------------------------------
Brucella milk ELISA...................................          $15.75  Test.
Brucella ring (BRT)...................................           10.50  Test.
Brucella ring, Heat inactivated (HIRT)................           10.50  Test.
Brucella ring, Serial (Serial BRT)....................           15.75  Test.
Buffered acidified plate antigen presumptive..........            4.00  Test.
Card..................................................            2.00  Test.
Complement fixation 1.................................            9.00  Test.
Enzyme linked immunosorbent assay for dourine,                    9.00  Test.
 glanders, or piroplasmosis.
Enzyme linked immunosorbent assay, all other..........            4.75  Test.
Indirect fluorescent antibody1........................            9.75  Test.
Mercaptoethanol.......................................            4.00  Test.
Microscopic agglutination--includes up to 5 serovars 2           11.00  Sample.
Mycology/fungus serology..............................           10.50  Test.
Particle concentration fluorescent immuno assay                  18.25  Test.
 (PCFIA).
Plate.................................................            4.00  Test.
Rapid automated presumptive...........................            4.25  Test.
Rivanol...............................................            4.00  Test.
Tube agglutination....................................            4.00  Test.
----------------------------------------------------------------------------------------------------------------
1 A discount will apply to all diagnostic, non-import related complement fixation, hemagglutination inhibition,
  fluorescent antibody, indirect fluorescent antibody, virus neutralization, and peroxidase linked antibody
  tests. This discount only applies to the 11th and subsequent tests on the same submission by the same
  submitter for the same test and antigen. The user fee for each discounted test will be 20 percent of the
  original user fee rounded up to the nearest quarter. This discount will apply for tests for all diseases
  except equine piroplasmosis, bovine piroplasmosis, dourine, and glanders.
2 The user fee for the sixth and subsequent serovar will be $2.00 each.

    (b) Virology serology tests. User fees for virology serology tests 
performed at NVSL (excluding FADDL) or at authorized sites are listed 
in the following table. The person for whom the service is provided and 
the person requesting the service are jointly and severally liable for 
payment of these user fees in accordance with Secs. 130.50 and 130.51.

----------------------------------------------------------------------------------------------------------------
                         Test                              User fee                       Unit
----------------------------------------------------------------------------------------------------------------
Agar gel immunodiffusion..............................           $5.00  Test.
Complement fixation 1.................................            9.00  Test.
Enzyme linked immunosorbent assay.....................            4.75  Test.
Hemagglutination inhibition 1.........................            7.50  Test.
Indirect fluorescent antibody 1.......................            9.75  Test.
Latex agglutination...................................            5.00  Test.
Peroxidase linked antibody 1..........................            9.75  Test.
Plaque reduction neutralization.......................            7.75  Test.
Rabies fluorescent antibody neutralization............           26.50  Test.
Virus neutralization \1\..............................            7.75  Test.
----------------------------------------------------------------------------------------------------------------
1 A discount will apply to all diagnostic, non-import related complement fixation, hemagglutination inhibition,
  fluorescent antibody, indirect fluorescent antibody, virus neutralization, and peroxidase linked antibody
  tests. This discount only applies to the 11th and subsequent tests on the same submission by the same
  submitter for the same test and antigen. The user fee for each discounted test will be 20 percent of the
  original user fee rounded up to the nearest quarter. This discount will apply for tests for all diseases
  except equine piroplasmosis, bovine piroplasmosis, dourine, and glanders.

(Approved by the Office of Management and Budget under control 
numbers 0579-0055 and 0579-0094)


Sec. 130.17  User fees for other veterinary diagnostic laboratory tests 
performed at NVSL (excluding FADDL) or at authorized sites.

    (a) User fees for veterinary diagnostics tests performed at the 
Pathobiology Laboratory at NVSL (excluding FADDL) or at authorized 
sites are listed in the following table. The person for whom the 
service is provided and the person requesting the service are jointly 
and severally liable for payment of these user fees in accordance with 
Secs. 130.50 and 130.51.

----------------------------------------------------------------------------------------------------------------
                         Test                              User fee                       Unit
----------------------------------------------------------------------------------------------------------------
Aflatoxin quantitation................................          $20.50  Test.
Aflatoxin screen......................................           11.25  Test.
Agar gel immunodiffusion spp. identification..........            6.25  Test.
Antibiotic (bioautography) quantitation...............           25.00  Test.
Antibiotic (bioautography) screen.....................           50.00  Test.
Antibiotic inhibition.................................           25.25  Test.
Arsenic...............................................            6.75  Test.
Ergot alkaloid screen.................................           25.25  Test.
Ergot alkaloid confirmation...........................           33.00  Test.

[[Page 53794]]

Feed microscopy.......................................           25.25  Test.
Fumonisin only........................................           20.50  Test.
Gossypol..............................................           37.75  Test.
Mercury...............................................           56.00  Test.
Metals screen.........................................           29.75  Test.
Metals single element confirmation....................            6.75  Test.
Mycotoxin: aflatoxin-liver............................           82.25  Test.
Mycotoxin screen......................................           34.00  Test.
Nitrate/nitrite.......................................           25.00  Test.
Organic compound confirmation.........................           34.00  Test.
Organic compound screen...............................          114.75  Test.
Parasitology..........................................           19.25  Test.
Pesticide quantitation................................           52.25  Test.
Pesticide screen......................................           38.00  Test.
pH....................................................           10.00  Test.
Plate cylinder........................................           37.75  Test.
Selenium..............................................           33.25  Test.
Silicate/carbonate disinfectant.......................           25.00  Test.
Temperature disks.....................................           50.25  Test.
Toxicant quantitation, other..........................           42.25  Test.
Toxicant screen, other................................           25.00  Test.
Vomitoxin only........................................           20.75  Test.
Water activity........................................           12.50  Test.
Zearaleone quantitation...............................           20.50  Test.
Zearaleone screen.....................................           11.25  Test.
----------------------------------------------------------------------------------------------------------------

    (b) [Reserved]
(Approved by the Office of Management and Budget under control 
numbers 0579-0055 and 0579-0094)


Sec. 130.18  User fees for veterinary diagnostic reagents produced at 
NVSL or other authorized site (excluding FADDL).

    (a) Bacteriology reagents. User fees for bacteriology reagents 
produced by the Diagnostic Bacteriology Laboratory at NVSL (excluding 
FADDL) or other authorized site are listed in the following table. The 
person for whom the service is provided and the person requesting the 
service are jointly and severally liable for payment of these user fees 
in accordance with Secs. 130.50 and 130.51.

----------------------------------------------------------------------------------------------------------------
                        Reagent                            User fee                       Unit
----------------------------------------------------------------------------------------------------------------
Anaplasma card test antigen...........................          $34.00  2 ml.
Anaplasma card test kit without antigen...............          105.50  Kit.
Anaplasma CF antigen..................................           17.00  2 ml.
Anaplasma stabilate...................................           67.25  4.5 ml.
Avian origin bacterial antiserums, mycoplasma.........           11.50  1 ml.
Avian origin bacterial antiserums, all other..........           17.75  1 ml.
Bacterial agglutinating antigens other than brucella             30.50  5 ml.
 and salmonella pullorum.
Bacterial conjugates..................................           36.00  1 ml.
Bacterial disease CF antigens, all other..............            8.50  1 ml.
Bacterial ELISA antigens..............................            9.50  1 ml.
Bacterial or protozoal antiserums, all other..........            7.25  1 ml.
Bacterial reagent culture \1\.........................           21.25  Culture.
Bacterial reference culture \2\.......................           63.25  Culture.
Bacteriophage reference culture.......................           63.25  Culture.
Bovine serum factor...................................            1.25  2 ml.
Brucella abortus CF antigen...........................           34.00  60 ml.
Brucella agglutination antigens, all other............           34.00  60 ml.
Brucella buffered plate antigen.......................           50.00  60 ml.
Brucella canis tube antigen...........................           30.50  25 ml.
Brucella card test antigen (packaged).................           19.50  Package.
Brucella card test kit without antigen................           70.25  Kit.
Brucella cells........................................            5.25  Gram.
Brucella cells, dried.................................            2.00  Pellet.
Brucella ring test antigen............................           72.75  60 ml.
Brucella rivanol solution.............................            8.75  60 ml.
Dourine CF antigen....................................           17.50  1 ml.
Dourine stabilate.....................................           34.75  4.5 ml.
Equine and bovine origin hemoparasitic antiserums.....           21.25  1 ml.
Equine negative control CF antigen....................          171.25  1 ml.
Equine origin glanders antiserum......................           18.25  1 ml.
Flazo-orange..........................................            6.25  3 ml.
Glanders CF antigen...................................           17.50  1 ml.
Hemoparasitic disease CF antigens, all other..........          158.25  1 ml.
Leptospira transport medium...........................            3.25  10 ml.
Monoclonal antibody...................................           37.50  1 ml.
Mycobacterium spp. old tuberculin.....................            3.75  1 ml.

[[Page 53795]]

Mycobacterium spp. PPD................................            3.25  1 ml.
Mycoplasma hemagglutination antigens..................          105.50  5 ml.
Negative control serums...............................            4.00  1 ml.
Other spp. antiserum, any.............................           32.75  1 ml.
Rabbit origin bacterial antiserum.....................           14.25  1 ml.
Salmonella pullorum microagglutination antigen........            6.25  5 ml.
Stabilates, all other.................................          258.25  4.5 ml.
----------------------------------------------------------------------------------------------------------------
\1\ A reagent culture is a bacterial culture that has been subcultured one or more times after being tested for
  purity and identity. It is intended for use as a reagent with a diagnostic test such as the leptospiral
  microagglutination test.
\2\ A reference culture is a bacterial culture that has been thoroughly tested for purity and identity. It
  should be suitable as a master seed for future cultures.

    (b) Virology reagents. User fees for virology reagents produced by 
the Diagnostic Virology Laboratory at NVSL (excluding FADDL) or at 
authorized sites are listed in the following table. The person for whom 
the service is provided and the person requesting the service are 
jointly and severally liable for payment of these user fees in 
accordance with Secs. 130.50 and 130.51.

----------------------------------------------------------------------------------------------------------------
                        Reagent                            User fee                       Unit
----------------------------------------------------------------------------------------------------------------
Antigen, except avian influenza and chlamydia psittaci          $41.50  2 ml.
 antigens, any.
Avian antiserum except avian influenza antiserum, any.           23.00  2 ml.
Avian influenza antigen, any..........................            9.25  2 ml.
Avian influenza antiserum, any........................           53.75  6 ml.
Bovine or ovine serum, any............................           88.00  2 ml.
Cell Culture..........................................           20.00  Flask.
Chlamydia psittaci spp. of origin monoclonal antibody            47.25  Panel.
 panel.
Conjugate, any........................................           20.25  1 ml.
Diluted positive control serum, any...................            6.75  2 ml.
Equine antiserum, any.................................           12.25  2 ml.
Hog Cholera tissue sets...............................           81.50  Tissue set.
Monoclonal antibody...................................           37.50  1 ml.
Other spp. antiserum, any.............................           32.75  1 ml.
Porcine antiserum, any................................           60.50  2 ml.
Positive control tissues, all.........................            4.25  2 cm\2\ section.
Rabbit origin antiserum...............................           14.25  1 ml.
Reference virus, any..................................           63.50  0.6 ml.
Viruses (except reference viruses), chlamydia psittaci            5.50  0.6 ml.
 agent, or chlamydia psittaci antigen, any.
----------------------------------------------------------------------------------------------------------------

(Approved by the Office of Management and Budget under control 
number 0579-0094)

    10. A new Sec. 130.19 is added to read as follows:


Sec. 130.19  User fees for other veterinary diagnostic services or 
materials provided at NVSL (excluding FADDL).

    (a) User fees for other veterinary diagnostic services or materials 
available from NVSL (excluding FADDL) are listed in the following 
table. The person for whom the service is provided and the person 
requesting the service are jointly and severally liable for payment of 
these user fees in accordance with Secs. 130.50 and 130.51.

------------------------------------------------------------------------
                  Service                     User fee         Unit
------------------------------------------------------------------------
Antimicrobial susceptibility test.........       $30.50  Isolate.
Avian safety test.........................     2,701.75  Test.
Check tests, anaplasma complement fixation       132.00  Kit \1\.
Check tests, culture......................        88.00  Kit \1\.
Check tests, serology, all other..........       125.75  Kit \1\.
Fetal bovine serum safety test............       673.50  Verification.
Hourly user fee services: \2\.............
    Hour..................................        56.00  Hour.
    Quarter hour..........................        14.00  Quarter Hour.
    Minimum...............................        16.50  ...............
Manual, Brucellosis complement fixation...        13.00  1 copy.
Manual, Brucellosis culture...............        52.75  1 copy.
Manual, Tuberculosis culture (English or          79.25  1 copy.
 Spanish).
Manual, Veterinary mycology...............       105.50  1 copy.
Manual, Anaplasmosis, Johne's disease,            21.25  1 copy.
 mycoplasma hyopneumonia, piroplasmosis,
 dourine, or glanders.
Manuals or standard operating procedure           13.25  1 copy.
 (SOP), all other.
Manuals or SOP, per page..................         2.00  1 page.
Training (school or technical assistance).       120.00  Per person per
                                                          day.
------------------------------------------------------------------------
\1\ Any reagents required for the check test will be charged separately.

[[Page 53796]]

\2\ For veterinary diagnostic services for which there is no flat rate
  user fee the hourly rate user fee will be calculated for the actual
  time required to provide the service.

    (b) [Reserved]

(Approved by the Office of Management and Budget under control 
number 0579-0094)

    11. Section 130.20 is amended by revising the introductory text in 
paragraphs (a) and (b)(1) to read as follows and by removing paragraph 
(d).


Sec. 130.20  User fees for endorsing export health certificates.

    (a) User fees for the endorsement of export health certificates 
that do not require the verification of tests or vaccinations are 
listed in the following table. The user fees apply to each export 
health certificate 6 endorsed for the following types of 
animals, birds, or animal products, regardless of the number of 
animals, birds, or animal products covered by the certificate. The 
person for whom the service is provided and the person requesting the 
service are jointly and severally liable for payment of these user fees 
in accordance with Secs. 130.50 and 130.51.
---------------------------------------------------------------------------

    \6\ An export health certificate may need to be endorsed for an 
animal being exported from the United States if the country to which 
the animal is being shipped requires one. APHIS endorses export 
health certificates as a service.
---------------------------------------------------------------------------

* * * * *
    (b)(1) User fees for the endorsement of export health certificates 
that require the verification of tests or vaccinations are listed in 
the following table. The user fees apply to each export health 
certificate \6\ endorsed for animals and birds depending on the number 
of animals or birds covered by the certificate and the number of tests 
required. The person for whom the service is provided and the person 
requesting the service are jointly and severally liable for payment of 
these user fees in accordance with the provisions in Secs. 130.50 and 
130.51.
* * * * *
    12. Section 130.21 is amended by revising the section heading and 
the introductory text in paragraph (a) to read as follows, by removing 
and reserving paragraph (b), and by removing paragraph (c).


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

    (a) User fees for inspection and supervision services listed in 
(a)(1) through (a)(7) of this paragraph will be calculated at $56.00 
per hour, or $14.00 per quarter-hour, with a minimum fee of $16.50, for 
each employee required to perform the service. The person for whom the 
service is provided and the person requesting the service are jointly 
and severally liable for payment of these user fees in accordance with 
Secs. 130.50 and 130.51.
* * * * *


Sec. 130.49  [Amended]

    13. In Sec. 130.49, paragraph (a) introductory text is amended by 
removing the reference ``130.18'' and adding the reference ``130.19'' 
in its place.
    14. Sections 130.50 and 130.51 are revised to read as follows:


Sec. 130.50  Payment of user fees.

    (a) Who must pay APHIS user fees? Any person for whom a service is 
provided related to the importation, entry, or exportation of an 
animal, article, or means of conveyance or related to veterinary 
diagnostics, and any person requesting such service, shall be jointly 
and severally liable for payment of fees assessed.
    (b) Associated charges--(1) Reservation fee. Any reservation fee 
paid by an importer under part 93 of this chapter will be applied to 
the APHIS user fees specified in Secs. 130.2 and 130.3 for animals or 
birds quarantined in an animal import center.
    (2) Special handling expenses. The user fees in this part do not 
include any costs that may be incurred due to special mail handling, 
including, but not limited to, express, overnight, or foreign mailing. 
If any service requires special mail handling, the user must pay all 
costs incurred, in addition to the user fee for the service.
    (3) When do I pay an additional amount for employee(s) working 
overtime? You must pay an additional amount if you need an APHIS 
employee to work on a Sunday, on a holiday, or at any time outside the 
normal tour of duty of that employee. You pay the amount specified in 
paragraphs (b)(3) (i) or (ii), as relevant, for each employee needed to 
get the work done.
    (i) What additional amount do I pay if I receive a flat rate user 
fee service? In addition to the flat rate user fee(s), you pay the 
overtime rate listed in the following table for each employee needed to 
get the work done:

                                    Overtime \1\ \2\ For Flat Rate User Fees
----------------------------------------------------------------------------------------------------------------
                                                                                  Outside the employee's normal
                                                                                          tour of duty
                                                                               ---------------------------------
                                                                                 Monday through
                                                                                  Saturday and        Sundays
                                                                                    holidays
----------------------------------------------------------------------------------------------------------------
Amount per hour if we must inspect, test, certify, or quarantine your animals,
 animal products, or other commodities (see Sec.  97.1(a) for details)........            $37.84          $47.96
Amount per hour if we must inspect your commercial aircraft (see Sec.
 97.1(a)(3) for details)......................................................             30.64          39.36
----------------------------------------------------------------------------------------------------------------
\1\ Minimum charge of 2 hours, unless performed on the employee's regular work day and performed in direct
  continuation of the regular work day or begun within an hour of the regular work day.
\2\ When the 2 hour minimum applies, you may need to pay commuted travel time. (See Sec.  97.1(b) for specific
  information about commuted travel time.)

    (ii) What additional amount do I pay if I receive an hourly rate 
user fee service? Instead of paying the hourly rate user fee, you pay 
the rate listed in the following table for each employee needed to get 
the work done:

[[Page 53797]]



                                              Premium Rate User Fee
----------------------------------------------------------------------------------------------------------------
                                                                                  Outside the employee's normal
                                                                                          tour of duty
                                                                               ---------------------------------
                                                                                 Monday through
                                                                                  Saturday and        Sundays
                                                                                    holidays
----------------------------------------------------------------------------------------------------------------
Per hour......................................................................            $65.00          $74.00
Per quarter-hour..............................................................             16.25           18.50
Minimum.......................................................................             16.50           16.50
----------------------------------------------------------------------------------------------------------------

    (c) When are APHIS user fees due?--(1) Animal and bird quarantine 
and related tests. User fees specified in Secs. 130.2, 130.3, 130.5, 
130.10, and tests specified in Secs. 130.14 through 130.19 for animals 
and birds in an Animal Import Center or privately operated permanent or 
temporary import quarantine facilities, including user fees for tests 
conducted on these animals or birds, must be paid prior to the release 
of those animals or birds from quarantine.
    (2) Supervision and inspection services for export animals, animal 
products. User fees for supervision and inspection services specified 
in Sec. 130.21 must be paid when billed, or, if covered by a compliance 
agreement signed in accordance with this chapter, must be paid when 
specified in the agreement.
    (3) Export health certificates. User fees for export health 
certificates specified in Sec. 130.20 must be paid prior to receipt of 
endorsed certificates unless APHIS determines that the user has 
established an acceptable credit history, at which time payment may, at 
the option of the user, be made when billed.
    (4) Veterinary diagnostics. User fees specified in Secs. 130.14 
through 130.19 for veterinary diagnostic services, such as tests on 
samples submitted to NVSL or FADDL, diagnostic reagents, slide sets, 
tissue sets, and other veterinary diagnostic services, must be paid 
when the veterinary diagnostic service is requested, unless APHIS 
determines that the user has established an acceptable credit history, 
at which time payment may, at the option of the user, be made when 
billed.
    (5) Other user fee services. User fees specified in Secs. 130.6, 
130.7, 130.8, and 130.9 must be paid when service is provided (for 
example when live animals are inspected when presented for importation 
at a port of entry), unless APHIS determines that the user has 
established an acceptable credit history, at which time payment may, at 
the option of the user, be made when billed.
    (d) What payment methods are acceptable? Payment must be for the 
exact amount due and may be paid by:
    (1) Cash, will be accepted only during normal business hours if 
payment is made at an APHIS office 7 or an Animal Import 
Center;
---------------------------------------------------------------------------

    \7\ A list of APHIS offices and Animal Import Centers that 
accept cash or 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 
20738-1231.
---------------------------------------------------------------------------

    (2) All types of checks, including traveler's checks, drawn on a 
U.S. bank in U.S. dollars and made payable to the U.S. Department of 
Agriculture or USDA;
    (3) Money orders, drawn on a U.S. bank in U.S. dollars and made 
payable to the U.S. Department of Agriculture or USDA; or
    (4) Credit cards (VISATM and MasterCardTM) if 
payment is made at an Animal Import Center or an APHIS office that is 
equipped to process credit cards.\7\


Sec. 130.51  Penalties for nonpayment or late payment.

    (a) Unpaid debt. If any person for whom the service is provided 
fails to pay when due any debt to APHIS, including any user fee due 
under 7 CFR chapter III or chapter I of this title, then:
    (1) Subsequent user fee payments. Payment must be made for 
subsequent user fees before the service is provided if:
    (i) For unbilled fees, the user fee is unpaid 60 days after the 
date the pertinent regulatory provision indicates payment is due;
    (ii) For billed fees, the user fee is unpaid 60 days after date of 
bill;
    (iii) The person for whom the service is provided or the person 
requesting the service has not paid the late payment penalty or 
interest on any delinquent APHIS user fee; or
    (iv) Payment has been dishonored.
    (2) Resolution of difference between estimate and actual. APHIS 
will estimate the user fee to be paid; any difference between the 
estimate and the actual amount owed to APHIS will be resolved as soon 
as reasonably possible following the delivery of the service, with 
APHIS returning any excess to the payor or billing the payor for the 
additional amount due.
    (3) Prepayment form. The prepayment must be in guaranteed form, 
such as money order, certified check, or cash. Prepayment in guaranteed 
form will continue until the debtor pays the delinquent debt.
    (4) Denied service. Service will be denied until the debt is paid 
if:
    (i) For unbilled fees, the user fee is unpaid 90 days after date 
the pertinent regulatory provision indicates payment is due;
    (ii) For billed fees, the user fee is unpaid 90 days after date of 
bill;
    (iii) The person for whom the service is provided or the person 
requesting the service has not paid the late payment penalty or 
interest on any delinquent APHIS user fee; or
    (iv) Payment has been dishonored.
    (b) Unpaid debt during service. If APHIS is in the process of 
providing a service for which an APHIS user fee is due, and the user 
has not paid the fee within the time required, or if the payment 
offered by the user is inadequate or unacceptable, then APHIS will take 
the following action:
    (1) Animals or birds in quarantine. If an APHIS user fee specified 
in Sec. 130.2 or Sec. 130.3 is due for animals or birds in quarantine 
at an animal import center or at a privately operated import quarantine 
facility, APHIS will not release them.
    (2) Export health certificate. If an APHIS user fee specified in 
Sec. 130.20 is due for an export health certificate, APHIS will not 
release the certificate.
    (3) Veterinary diagnostics. If an APHIS user fee specified in 
Secs. 130.14 through 130.19 is due for a veterinary diagnostic test or 
service, APHIS will not release the test result, any endorsed 
certificate, or any other veterinary diagnostic service.
    (c) Late payment penalty. If for unbilled user fees, the user fees 
are

[[Page 53798]]

unpaid 30 days after the date the pertinent regulatory provisions 
indicates payment is due, or if billed, are unpaid 30 days after the 
date of the bill, APHIS will impose a late payment penalty and interest 
charges in accordance with 31 U.S.C. 3717.
    (d) Dishonored payment penalties. User fees paid with dishonored 
forms of payment, such as a check returned for insufficient funds, will 
be subject to interest and penalty charges in accordance with 30 U.S.C. 
3717. Administrative charges will be assessed at $20.00 per dishonored 
payment to be paid in addition to the original amount owed. Payment 
must be in guaranteed form, such as cash, money order, or certified 
check.
    (e) Debt collection management. In accordance with the Debt 
Collection Improvement Act of 1996, the following provisions apply:
    (1) Taxpayer identification number. APHIS will collect a taxpayer 
identification number from all persons, other than Federal agencies, 
who are liable for a user fee.
    (2) Administrative offset. APHIS will notify the Department of 
Treasury of debts that are over 180 days delinquent for the purposes of 
administrative offset. Under administrative offset, the Department of 
Treasury will withhold funds payable by the United States to a person 
(i.e., Federal income tax refunds) to satisfy the debt to APHIS.
    (3) Cross-servicing. APHIS will transfer debts that are over 180 
days delinquent to the Department of Treasury for cross-servicing. 
Under cross-servicing, the Department of Treasury will collect debts on 
behalf of APHIS. Exceptions will be made for debts that meet certain 
requirements, for example, debts that are already at a collection 
agency or in payment plan.
    (4) Report delinquent debt. APHIS will report all unpaid debts to 
credit reporting bureaus.
    (f) Animals or birds abandoned after quarantine at an animal import 
center. Animals or birds left in quarantine at an animal import center 
for more than 30 days after the end of the required quarantine period 
will be deemed to be abandoned.
    (1) After APHIS releases the abandoned animals or birds from 
quarantine, APHIS may seize them and sell or otherwise dispose of them, 
as determined by the Administrator, provided that their sale is not 
contrary to any Federal law or regulation, and may recover all expenses 
of handling the animals or birds from the proceeds of their sale or 
disposition.
    (2) If animals or birds abandoned in quarantine at an animal import 
center cannot be released from quarantine, APHIS may seize and dispose 
of them, as determined by the Administrator, and may recover all 
expenses of handling the animals or birds from the proceeds of their 
disposition and from persons liable for user fees under Sec. 130.50(a).

    Done in Washington, DC, this 30th day of September 1998.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-26825 Filed 10-6-98; 8:45 am]
BILLING CODE 3410-34-P