Federal Register, Volume 63 Issue 194 (Wednesday, October 7, 1998)

[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
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
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.
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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.

(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.

[[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.

[[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 antibody^{1........................ 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.

(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.

[[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.

(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 (VISA^TM and MasterCard^TM) 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}}}}}}}}}}