[Federal Register Volume 64, Number 103 (Friday, May 28, 1999)]
[Proposed Rules]
[Pages 28942-28944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13620]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 130

[Docket No. 98-006-1]


Veterinary Services User Fees; Import or Entry Services at Ports

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend existing user fees for import- or 
entry-related services provided for animals presented at air, ocean, 
and rail ports. Existing user fees for these services are set at a flat 
rate. We are proposing to replace the flat rate user fee with an hourly 
rate user fee. We are taking this action to ensure that the user fees 
collected are adequate for the services that are provided.

DATES: We invite you to comment on this docket. We will consider all 
comments that we receive by July 27, 1999.

ADDRESSES: Please send your comment and three copies to: Docket No. 98-
006-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 
4700 River Road, Unit 118, Riverdale, MD 20737-1238. Please state that 
your comment refers to Docket No. 98-006-1.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue, SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS rules, are available on the Internet at http://
www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: For information concerning services 
provided for live animals, contact Dr. Morley Cook, Senior Staff 
Veterinarian, National Animal Programs Staff, Center for Import and 
Export, VS, APHIS, 4700 River Road, Unit 38, Riverdale, MD 20737-1231; 
(301) 734-8364.
    For information concerning rate development of the proposed user 
fees, contact Ms. Donna Ford, Section Head, Financial Systems and 
Services Branch, Budget and Accounting Service Enhancement Unit, ABS, 
APHIS, 4700 River Road Unit 54, Riverdale, MD 20737-1232; (301) 734-
8351.

SUPPLEMENTARY INFORMATION:

Background

    User fees to reimburse the Animal and Plant Health Inspection 
Service (APHIS) for the costs of providing import- and entry-related 
services for animals, birds, and animal products are contained in 9 CFR 
part 130 (referred to below as the regulations).
    Section 130.6 lists the user fees for import- or entry-related 
services provided at land border ports along the United States-Mexico 
border. The services provided at these ports include inspecting and 
processing imported animals and authorizing services for animals 
transiting the United States. Section 130.7 lists the user fees charged 
for import- or entry-related services for animals presented at any port 
of entry other than a land border port along the United States-Mexico 
border. These ports of entry include air, ocean, and rail ports and 
land border ports along the United States-Canada border. Section 130.9 
lists the hourly rate user fees for miscellaneous import or entry 
services.
    The flat rate user fees listed in Secs. 130.6 and 130.7 of the 
regulations were based on our experience with activities at land border 
ports along the United States-Canada and United States-Mexico borders. 
These flat rate user fees were calculated as a nationwide average for 
the costs involved in performing import- or entry-related services for 
animals. We believe that these user fees are still appropriate for 
import- or entry-related services for animals at land border ports 
along the United States-Canada and United States-Mexico borders.
    During a review of user fees and the import- and entry-related 
services, we focused on a variety of factors that can affect our 
services and their associated costs. These factors included the size of 
the shipment, the location of the port, the location of APHIS 
employees, the purpose of the shipment, and the method of shipment.
    Often, shipments that enter ocean and rail ports contain 50 animals 
or more. For these large shipments, the flat rate user fees may be 
higher than the cost of providing the necessary services. In these 
cases, the flat rate user fees do not consider the economies of scale 
that can exist for large shipments. Therefore, the flat rate user fee 
may not be appropriate for large shipments that arrive at ocean and 
rail ports. When there are small shipments, for example two animals 
arriving at an airport, the flat rate user fee does not come close to 
covering the cost of our service because of the time required for our 
employees to travel to the port.
    Our employees are generally located near land border ports. When 
shipments arrive at an air, ocean, or rail port, our employees must 
travel to the port to provide the required import- or entry-related 
services, which can require more time than it takes to provide the

[[Page 28943]]

services. Therefore, the basic cost for providing services at air, 
ocean, and rail ports is higher than the cost of providing the same 
services at land border ports.
    We could factor the variety of shipment sizes and various locations 
into a new average flat rate user fee. However, we believe that, due to 
the wide variances in shipments at air, ocean, and rail ports versus 
shipments at land border ports, it would be more appropriate to 
establish an hourly rate user fee for import- or entry-related services 
for animals at air, ocean, or rail ports.
    Therefore, we are proposing to charge our current hourly rate user 
fee of $56 per hour ($14 per quarter hour, with a minimum fee of 
$16.50) as listed in Sec. 130.9 of the regulations for import- or 
entry-related services provided at air, ocean, or rail ports. However, 
as set forth in Sec. 130.50, a premium rate user fee would apply for 
services provided by an APHIS employee on Sundays, holidays, or any 
time outside the normal tour of duty of the employee. For services 
provided outside the employee's normal tour of duty on Monday through 
Saturday and holidays, the hourly rate user fee of $65.00 ($16.25 per 
quarter hour, with a minimum fee of $16.50) would apply. For services 
provided on Sundays, the hourly rate user fee of $74.00 ($18.50 per 
quarter hour, with a minimum fee of $16.50) would apply. We would 
continue charging the flat rate user fees listed in Sec. 130.7 for 
import- or entry-related services for animals at land ports along the 
United States-Canada border.
    In some cases, for example very small shipments, the user fee could 
increase or decrease depending upon the number of animals in the 
shipment, the amount of time required to provide the required services, 
and the time of arrival. Currently, after-hours arrivals at air, ocean, 
and rail ports are subject to reimbursable overtime in addition to the 
flat rate user fee. However, based on this proposed rule, after-hours 
arrivals would be subject to the premium hourly rate user fee.
    In other cases, for example very large shipments, the user fee 
could decrease. The amount of the decrease would reflect the economies 
of scale, which would effectively lower the cost per animal.
    While it is difficult to determine specific increases and decreases 
in advance, we do not expect a significant increase in the collection 
of user fees. In fact, based on the increases in large shipments, we 
believe that many importers may save money based on this proposed 
change.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed 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.
    We are proposing to amend existing user fees for import- or entry-
related services provided for animals presented at air, ocean, and rail 
ports. Existing user fees for these ports are set at a flat rate. We 
are proposing to replace the flat rate user fee with an hourly rate 
user fee.
    If this proposed rule is adopted, the user fees for shipments that 
involve large numbers of animals could decline because the user fees 
would be based on the time necessary to provide the services rather 
than the size of the shipment. For shipments that involve small numbers 
of animals, the user fees could increase or decrease, depending upon 
the number of animals in the shipment, the amount of time required to 
provide the required services, and the time of arrival. Currently, 
after-hours arrivals at air, ocean, and rail ports are subject to 
reimbursable overtime in addition to the flat rate user fee. However, 
under this proposed rule, after-hours arrivals would be subject to the 
premium hourly rate user fee.
    Any entity that uses APHIS' services that are subject to user fees 
may be affected by this proposed rule. The entities who would be most 
affected by this proposed rule are importers. 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. 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. Data from the Bureau 
of Census show that in 1995 the majority of agricultural entities who 
dealt in grade animals can be considered small, except those entities 
who dealt exclusively in purebred or registered animals.
    The degree to which an entity could be affected by changes in user 
fees depends on its market power or the ability to which costs could be 
absorbed or passed on to buyers. Without information on either profit 
margins or operational expenses of the affected entities,1 
or the supply responsiveness of the affected industry,2 the 
scale of economic 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 effect on an entity's production due to 
changes in operating costs.
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    This proposed rule should have a minimal effect on large and small 
importers. As previously indicated, the total hourly user fees 
collected should not be significantly different from the total flat 
rate user fees that have been previously collected for the same 
services. For those entities who do experience a change in the fee 
amount, the economic effect should be minimal.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

Paperwork Reduction Act

    The proposed rule contains no new information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

List of Subjects in 9 CFR Part 130

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

    Accordingly, we propose to amend 9 CFR part 130 as follows:

PART 130--USER FEES

    1. The authority citation for part 130 would be 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, 134c, 134d, 134f, 136, and 
136a; 31 U.S.C. 3701, 3716, 3717, 3719, and 3720A; 7 CFR 2.22, 2.80, 
and 371.2(d).

    2. In Sec. 130.7, the section heading and the introductory text in 
paragraph (a) would be revised to read as follows:


Sec. 130.7  User fees for import or entry services for live animals at 
land border ports along the United States-Canada border.

    (a) User fees, with a minimum fee of $16.50, for live animals 
presented for

[[Page 28944]]

importation into or entry into the United States through a land border 
port along the United States-Canada 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 Secs. 130.50 and 130.51.
* * * * *
    3. Section 130.9 would be revised to read as follows:


Sec. 130.9  Hourly user fees for import or entry services.

    (a) User fees for import and entry services listed in paragraphs 
(a)(1) through (a)(5) of this section 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.
    (1) Services provided to live animals for import or entry at air, 
ocean, and rail ports;
    (2) Conducting inspections, including laboratory and facility 
inspections, required to obtain permits either to import animal 
products, organisms and vectors, or to maintain compliance with import 
permits;
    (3) Obtaining samples required to be tested either to obtain import 
permits or to ensure compliance with import permits;
    (4) Supervising the opening of in-bond shipments; and
    (5) Other import or entry services not specified elsewhere in this 
part.
    (b) [Reserved]

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

    Done in Washington, DC, this 24th day of May 1999.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-13620 Filed 5-27-99; 8:45 am]
BILLING CODE 3410-34-P