[Federal Register Volume 64, Number 184 (Thursday, September 23, 1999)]
[Rules and Regulations]
[Pages 51421-51422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24817]



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 Rules and Regulations
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  Federal Register / Vol. 64, No. 184 / Thursday, September 23, 1999 / 
Rules and Regulations  

[[Page 51421]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 130

[Docket No. 98-006-2]


Veterinary Services User Fees; Import or Entry Services at Ports

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending existing user fees for import- or entry-
related services provided for animals presented at airports, ocean 
ports, and rail ports. User fees for these services were set at a flat 
rate. We are replacing the flat rate user fee with hourly rate user 
fees. This action will ensure that the user fees collected are adequate 
for the services that are provided.

EFFECTIVE DATE: October 25, 1999.

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 user fees, 
contact Ms. Donna Ford, Section Head, Financial Systems and Services 
Branch, Budget and Accounting Service Enhancement Unit, MRPBS, 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 (APHS) 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 borders 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-belted 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 airports, ocean ports, 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. 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.
    On May 28, 1999, we published a proposal in the Federal Register 
(64 FR 28942-28944, Docket No. 98-006-1) to amend existing user fees 
for import- or entry-related services provided for animals presented at 
air, ocean, and rail ports by charging our current hourly rate user fee 
of $50 per hour ($14 per quarter hour, with a minimum fee of $16.50) as 
listed in Sec. 130.9 of the regulations. However, we proposed that our 
premium rate user fee, as set forth in the Sec. 130.50, would apply for 
services provided by an APHIS employee on Sunday, holidays, or any time 
outside the normal tour of duty of the employee. The proposed action 
was taken to ensure that the user fees collected at airport, ocean 
ports, and rail ports are adequate for the services provided.
    We solicited comments concerning our proposal for 60 days ending 
July 27, 1999. We received one comment by that date. The comment was 
from an exporter. The commenter did not object to the proposal; 
however, the commenter stated that we should consider changing, 
reducing, or eliminating export user fees. This comment is beyond the 
scope of this rulemaking; therefore, we are not amending the rule based 
on the comment. However, if we decide to make any changes to our 
regulations concerning export user fees, we will publish another 
document in the Federal Register for public comment.

Miscellaneous

    We have made a minor, nonsubstantive change by changing all 
references to ``air, ocean, and rail ports'' to ``airports, ocean 
ports, and rail ports.'' We believe this change will clearly indicate 
that hourly rate user fees apply for import- or entry-related services 
provided for animals presented at any airport, ocean port, or rail 
port.
    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 
change 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.
    We are amending existing user fees for import- or entry-related 
services provided for animals presented at airports, ocean ports, and 
rail ports. User fees for these ports were set at a flat rate. We are 
replacing the flat user fee with hourly rate user fees.
    Based on this rule, the user fees for shipments that involve large 
numbers of animals could decline because the user fees will 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 type of animals, 
the number of animals in the shipment, the amount of time required to 
provide the required services, and the time of arrival. In the past, 
after-hours arrivals at airports, ocean ports, and rail ports were 
subject to reimbursable overtime in addition to the flat rate user fee. 
However, under this rule, after-hours arrivals will be subject to the 
premium hourly rate user fee.

[[Page 51422]]

    Any entity that uses APHIS' services that are subject to user fees 
may be affected by this rule. The entities who will be most affected by 
this 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 effects cannot be precisely predicted.
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    \1\ Profits of 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 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 will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This final 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 not 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This final 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 are amending 9 CFR part 130 as follows:

PART 130--USER FEES

    1. The authority citation for part 130 will 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) are 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 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 for these user fees in accordance with Secs. 130.50 and 130.51.
* * * * *
    3. Section 130.9 is 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 for $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 
airports, ocean ports, 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 17th day of September 1999.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-24817 Filed 9-22-99; 8:45 am]
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