[Federal Register Volume 64, Number 189 (Thursday, September 30, 1999)]
[Proposed Rules]
[Pages 52680-52694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25425]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 130
[Docket No. 97-058-1]
RIN 0579-AA87
Import/Export User Fees
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We propose to change our user fees for import- and export-
related services that we provide for animals, animal products, birds,
germ plasm, organisms, and vectors. We propose increases for fiscal
years 2000 through 2004 for standard annual increases in expenses. We
have determined that the fees must be adjusted annually to reflect the
anticipated cost of providing these services each year. By publishing
the annual user fee changes in advance, users can incorporate the fees
into their budget planning. The user fees pay for the actual cost of
providing these services. We also propose to make some editorial
changes to make the regulations easier to read and eliminate
duplication.
[[Page 52681]]
DATES: We invite you to comment on this docket. We will consider all
comments that we receive by November 29, 1999.
ADDRESSES: Please send your comment and three copies to: Docket No. 97-
058-1, 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. 97-058-1.
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 animals, animal products, birds, germ plasm, organisms,
and vectors, contact Dr. Gary Colgrove, Chief Staff Veterinarian,
National Center for Import and Export, VS, APHIS, 4700 River Road Unit
38, Riverdale, MD 20737-1231; (301) 734-8364; or e-mail:
Gary.S.C[email protected].
For information concerning program operations, contact Ms. Louise
Lothery, Director, Management Support Staff, VS, APHIS, 4700 River Road
Unit 44, Riverdale, MD 20737-1231; (301) 734-7517; or e-mail:
Louise.R.L[email protected].
For information concerning user fees or rate development, contact
Ms. Donna Ford, Section Head, Financial Systems and Services Branch,
BASE, APHIS, 4700 River Road Unit 54, Riverdale, MD 20737-1232; (301)
734-8351; or e-mail: Donna.J.F[email protected].
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 130 (referred to below as the
``regulations'') list user fees for import- and export-related services
provided by the Animal and Plant Health Inspection Service (APHIS) for
animals, animal products, birds, germ plasm, organisms, and vectors. We
propose to amend the user fees for these import- and export-related
services to reflect the increased cost of service and to include
additional cost components.
These user fees are authorized by section 2509(c)(1) of the Food,
Agriculture, Conservation, and Trade Act of 1990, as amended (21 U.S.C.
136a). APHIS is authorized to establish and collect fees that will
cover the cost of providing import- and export-related services for
animals, animal products, birds, germ plasm, organisms, and vectors.
Since fiscal year (FY) 1992, APHIS has received no directly
appropriated funds to provide import- and export-related services for
animals, animal products, birds, germ plasm, organisms, and vectors.
Our ability to provide these services depends on user fees. We change
our user fees through the standard rulemaking process of publishing the
proposed changes for public comment in the Federal Register,
considering the comments, publishing the final changes in the Federal
Register, and making the new user fees effective 30 days after the
final rule is published. This rulemaking process can be lengthy. As a
result, our user fees may not reflect our current cost of providing
services. Since implementing these user fees in 1992, we have only
adjusted them four times. While a few user fees were adjusted as
recently as 1998, most of the user fees have not been adjusted since
1996.
For our user fees to cover our costs so that we can continue to
provide services and to inform our customers of user fees in time for
advance planning, we propose to set user fees for our services in
advance for fiscal years 2000 through 2004. The proposed user fees are
based on our costs of providing import- and export-related services in
FY 1999, plus anticipated annual increases in the salaries of employees
who provide the services, plus adjustments for inflation. We used
estimated pay increases of 4.4 percent for FY 2000 and 3.9 percent for
FY 2001 through FY 2004 published by the U.S. Treasury Department to
calculate increases in the direct labor costs each year. We estimated
inflation at 2.3 percent a year based on the Consumer Price Index
(CPI). The estimated CPI is published in the Economic Assumptions table
of the Budget for the U.S. Government each year.
We propose to list the user fees for fiscal years 2000 through 2004
in the regulations. We also plan to publish a notice in the Federal
Register prior to the beginning of each fiscal year to remind or notify
the public of the user fees for that particular fiscal year. We would
continue to charge the user fees proposed for fiscal year 2004 until
new user fees are in effect. Therefore, the user fee tables in this
document do not specify an end date for user fees that would become
effective on October 1, 2003 (the beginning of fiscal year 2004).
User Fee Components
We calculated our user fees to cover the full cost of providing the
services for which we charge the fee. The cost of providing a service
includes direct labor and direct material costs. It also includes
administrative support, agency overhead, and departmental charges.
Direct labor costs are the costs of employee time spent
specifically to provide the service. For example, at APHIS's Animal
Import Centers, animal caretakers and veterinarians prepare for the
arrival of animals or birds to be quarantined in the Center, care for
them (feed, water, clean cages or stalls) while they are quarantined,
observe them while they are quarantined, release them from quarantine,
and clean the quarantine area afterwards. If the service is inspecting
an animal, the direct labor costs include the time spent by the
inspector to conduct the inspection. Direct labor costs vary with the
type of service provided.
Direct material costs include the cost of any materials needed to
supply the service. For example, among other things, animals in
quarantine need feed, water, bedding, disinfectants, and medicine.
Direct material costs are different for different services.
Administrative support costs include local clerical and
administrative activities; indirect labor hours; travel and
transportation for personnel; supplies, equipment, and other necessary
items; training; general office supplies; rent; equipment
capitalization; billings and collections expenses; utilities; chemicals
and glassware; and contractual services. Indirect labor hours include
supervision of personnel and time spent doing work that is not directly
connected with the service but which is nonetheless necessary, such as
repairing equipment. Rent is the cost of using the space we need to
perform import- or export-related work. If space is used for import- or
export-related work and other Agency work, only that portion of the
costs associated with the import- or export-related work is included in
the user fees. Equipment capitalization is the cost per year to replace
equipment. We determine this by establishing the life expectancy, in
years, of equipment we use to provide a service and by establishing the
cost to replace the equipment at the end of its useful life. We
subtract any money we anticipate receiving for selling used equipment.
Then we divide the
[[Page 52682]]
resulting amount by the life expectancy of the equipment. The result is
the annual cost to replace equipment. Billing costs are the costs of
managing user fee accounts for our customers who wish to receive
monthly invoices for the services they receive from APHIS. Collections
expenses include the costs of managing customer payments and accurately
reflecting those payments in our accounting system. Utilities include
water, telephone, electricity, gas, heating and oil. Contractual
services include security service, maintenance, trash pickup, etc. The
type, amount, and cost of administrative support vary with the type of
service provided.
Agency overhead is the pro-rata share, attributable to a particular
service, of the agency's management and support costs. Management and
support costs include the costs of providing budget and accounting
services, regulatory services, investigative and enforcement services,
debt-management services, personnel services, public information
services, legal services, liaison with Congress, and other general
program and agency management services provided above the local level.
Departmental charges are APHIS's share, expressed as a percentage
of the total cost, of services provided centrally by the Department of
Agriculture (Department). Services the Department provides centrally
include the Federal Telephone Service; mail; National Finance Center
processing of payroll, and other money management; unemployment
compensation; Office of Workers Compensation Programs; and central
supply for storing and issuing commonly used supplies and Department
forms. The Department notifies APHIS how much the agency owes for these
services. We have included a pro-rata share of these departmental
charges, as attributable to a particular service, in our fee
calculations.
We have added an amount that would provide for a reasonable
balance, or reserve, in the Veterinary Services user fee account. We
have determined that a reasonable reserve would be approximately 25
percent of the annual cost of the Import/Export Program. All user fees
will contribute to the reserve proportionately. The reserve would
ensure that we have sufficient operating funds in cases of bad debt,
customer insolvency, and fluctuations in activity volumes. We intend to
monitor the balance closely and propose adjustments in our fees as
necessary to ensure a reasonable balance.
An outline of the basic process is shown below. The actual
components, quantities, and costs used to calculate the fee are
different for each service. The basic steps in the calculation, for
each particular service, are:
1. Determine the following costs:
direct labor;
direct material;
pro-rata share of administrative support;
pro-rata share of agency overhead;
pro-rata share of Departmental charges; and
pro-rata share of reserve;
2. Add all costs; and
3. Round up to the next $0.25 for all fees less than $10 or round up or
down to the nearest $1 for all fees greater than $10.
The result of these calculations is the total cost to provide a
particular service one time.
As is the case with all APHIS user fees, we intend to review, at
least annually, activities, programs, and fee assumptions for the user
fees proposed in this document. We will publish any necessary
adjustments in the Federal Register.
Hourly Rate User Fees and Minimum Fees for Import and Export
Veterinary Services
Several sections of the regulations contain hourly and premium
hourly rates for import- and export-related service we provide. Section
130.5 of the regulations lists the hourly and premium hourly rate user
fees that we provide for animals quarantined in privately owned
quarantine facilities. Section 130.9 of the regulations lists the
hourly and premium hourly rate fees for miscellaneous import or entry
services. Section 130.21 of the regulations lists the hourly and
premium hourly rate user fees charged for inspection and supervision
services we provide within the United States for the export of animals,
birds, and animal products. Sections 130.3 and 130.10 also, contain
hourly rate user fees for services we provide in connection with
animals quarantined at APHIS Animal Import Centers and pet birds
quarantined at APHIS-owned or supervised quarantine facilities,
respectively.
In each case, the same hourly and premium hourly rate user fee
applies. Therefore, we propose to consolidate all the hourly and
premium hourly rate user fees for import and export services into one
new section Sec. 130.30. We believe this reorganization would make the
hourly and premium hourly rates easier for our customers to locate and
eliminate duplication.
Sections 130.3, 130.5, 130.6, 130.7, 130.9, 130.10, and 130.21 all
list a minimum user fee. This minimum fee ensures our basic costs are
always covered. In Sec. Sec. 130.3, 130.5, 130.9, 130.10, and 130.21,
the minimum user fee applies to the hourly and premium hourly rate user
fee. In Sec. Sec. 130.6 and 130.7, the minimum user fee covers the cost
of handling unusually small importations at ports of entry. In each
case, the same minimum user fee applies. Therefore, we propose to list
the minimum user fee in newly proposed Sec. 130.30 and eliminate
duplication.
The table below shows the proposed hourly rate, premium hourly
rate, and minimum user fees for fiscal years 2000-2004. As explained
above, the proposed user fees are based on FY 1999 costs and include
direct labor costs adjusted by 4.4 percent for FY 2000 and 3.9 percent
for FY 2001 through 2004 to cover increases in employee pay, and
adjustments for inflation at 2.3 percent each year. The percentage
changes in the user fees from one fiscal year to the next vary based on
rounding.
Hourly User Fees (Proposed Sec. 130.30)
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Hourly user fee
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Current user Oct. 1, 1999- 0ct. 1, 2000- Oct. 1, 2001- Oct. 1, 2002-
fee Sept. 30, 2000 Sept. 30, 2001 Sept. 30, 2002 Sept. 30, 2003 Beginning Oct.
1, 2003
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Hourly rate:
Per hour............................................ $56.00 $76.00 $76.00 $80.00 $84.00 $84.00
Per quarter hour.................................... 14.00 19.00 19.00 20.00 21.00 21.00
Per service minimum fee............................. 16.50 22.00 23.00 24.00 24.00 25.00
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Overtime rates (Outside the employee's normal tour of duty)
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Premium hourly rate Monday through Saturday and
holidays:
[[Page 52683]]
Per hour............................................ 65.00 88.00 88.00 92.00 96.00 100.00
Per quarter hour.................................... 16.25 22.00 22.00 23.00 24.00 25.00
Premium hourly rate for Sundays:
Per hour............................................ 74.00 100.00 104.00 104.00 108.00 112.00
Per quarter hour.................................... 18.50 25.00 26.00 26.00 27.00 28.00
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User Fees for Animals in APHIS Animal Import Centers (9 CFR 130.2)
Section 130.2 lists user fees charged for services we provide for
animals quarantined in APHIS Animal Import Centers.
We charge a daily user fee for each animal quarantined in an Animal
Importer Center. Different user fees reflect the varying costs of
quarantining different animals. The user fee for each category of
animal includes water, standard feed, housing, care, and handling. A
separate user fee applies for birds or poultry that require nonstandard
feed, housing, care, or handling.
The tables below list the proposed user fees for animal and bird
quarantine services for fiscal year 2000 through 2004. As explained
above, the proposed user fees are based on FY 1999 costs and include
direct labor costs adjusted by 4.4 percent for FY 2000 and 3.9 percent
for FY 2001 through 2004 to cover increases in employee pay, and
adjustments for inflation at 2.3 percent each year. The percentage
changes in the user fees from one fiscal year to the next vary based on
rounding.
User Fees for Individual Animals and Certain Birds Quarantined in APHIS Animal Import Centers (Sec. 130.2(a))
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Daily user fee
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Animal or bird Current user Oct. 1, 1999- Oct. 1, 2000- Oct. 1, 2001- Oct. 1, 2002-
fee Sept. 30, 2000 Sept. 30, 2001 Sept. 30, 2002 Sept. 30, 2003 Beginning
Oct. 1, 2003
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Birds (excluding ratites and pet birds imported in
accordance with Part 93 of this subchapter):
0-250 grams......................................... $1.00 $1.50 $1,50 $1.50 $1.50 $1.75
251-1,000 grams..................................... 3.25 5.00 5.25 5.25 5.50 5.75
Over 1,000 grams.................................... 7.50 12.00 12.00 13.00 13.00 13.00
Domestic or zoo animals (excluding equines, birds, and
poultry):
Bison, bulls, camels, cattle, or zoo animals........ 56.50 93.00 95.00 97.00 100.00 102.00
All other, including, but not limited to alpacas, 15.00 24.00 25.00 26.00 26.00 27.00
llamas, goats, sheep, and swine....................
Equines (including zoo equines, but excluding miniature
horses):
1st through 3rd day (fee per day)................... 149.50 245.00 251.00 257.00 264.00 270.00
4th through 7th day (fee per day)................... 108.25 177.00 182.00 186.00 191.00 195.00
8th and subsequent days (fee per day)............... 91.75 150.00 154.00 158.00 162.00 166.00
Miniature horses........................................ 40.25 56.00 57.00 58.00 60.00 61.00
Poultry (including zoo poultry):
Doves, Pigeons, and quail........................... 2.00 3.00 3.25 3.25 3.25 3.50
Chickens, ducks, grouse, guinea fowl, partridges, 3.50 5.75 6.00 6.00 6.26 6.25
pea fowl, and pheasants............................
Large poultry and large waterfowl, including, but 8.25 13.00 14.00 14.00 14.00 15.00
not limited to game cocks, geese, swans, and
turkeys............................................
Ratites:
Chicks (less than 3 months old)..................... 5.75 8.50 8.75 9.00 9.00 9.25
Juveniles (3 months through 10 months old).......... 8.00 13.00 13.00 13.00 14.00 14.00
Adults (11 months old and older).................... 16.25 24.00 25.00 26.00 26.00 27.00
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[[Page 52684]]
User Fees for Birds or Poultry Quarantined In APHIS Animal Import Centers and Housed in Nonstandard Housing or Receiving Nonstandard Care and Handling
(Sec. 130.2(b))
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Daily user fee
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Bird or poultry (nonstandard housing, care, or handling) Current user Oct. 1, 1999- Oct. 1, 2000- Oct. 1, 2001- Oct. 1, 2002-
fee Sept. 30, 2000 Sept. 30, 2001 Sept. 30, 2002 Sept. 30, 2003 Beginning
Oct. 1, 2003
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Birds 0-250 grams and doves, pigeons, and quail......... $3.25 $5.00 $5.25 $5.25 $5.50 $5.75
Birds 251-1,000 grams and poultry such as chickens, 7.50 12.00 12.00 13.00 13.00 13.00
ducks, grouse, guinea fowl, partridge, pea fowl, and
pheasants..............................................
Birds over 1,000 grams and large poultry and large 14.00 23.00 24.00 24.00 25.00 25.00
waterfowl, including, but not limited to game cocks,
geese, swans, and turkeys..............................
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User Fees for Exclusive Use of Space at APHIS Animal Import Centers
(Sec. 130.3)
Section 130.3 lists user fees charged with an importer uses an
entire quarantine building at an Animal Import Center. If the space is
available and the importer has enough animals to fill one of the full
building spaces, then a single user fee applies. Depending upon the
number and type of animals in the importation, the single user fee for
the entire building may be less than the total user fee that would have
been charged per animal under Sec. 130.2
Section 130.3 of the regulations lists the location of the spaces,
the square footage of those spaces, and the user fees for exclusive use
of those spaces. The fees in Sec. 130.3 cover all costs of the
quarantine except feed. The importer either provides the fee or pays
for it on an actual cost basis, including the cost of delivery.
The table in Sec. 130.3 currently lists the user fees for the
exclusive use of the Miami, FL, and Newburgh, NY, Animal Import
Centers. The Miami Animal Import Center is not being used as an
exclusive use quarantine facility. We do not anticipate any requests
for the exclusive use of space at the Miami Animal Import Center.
Therefore, we propose to remove user fees for the exclusive use of the
Miami Animal Import Center from the listing in Sec. 130.3. The spaces
at Newburgh, NY, would continue to be available for exclusive use.
The importer determines the species, sizes, and ages of the animals
or birds in the importation, calls for a reservation, and requests the
use of an entire building. At that time we determine, and inform the
importer of, the maximum number of animals and birds we would permit.
We limit the number of animals or birds to the maximum number which can
be cared for without jeopardizing their health. In determining the
maximum number, the veterinarian in charge of the Animal Import Center
considers the species, size and age of the animals, animal husbandry
needs, sanitation, ability to conduct tests, inspections, and support
procedures.
The table below lists the proposed user fees for the exclusive use
of space at APHIS Animal Import Centers for fiscal years 2000-2004. As
explained above, the proposed user fees are based on FY 1999 costs and
include direct labor cost adjusted by 4.4 percent for FY 2000 and 3.9
percent for FY 2001 through 2004 to cover increases in employee pay,
and adjustments for inflation at 2.3 percent each year. The percentage
changes in the user fees from one fiscal year to the next vary based on
rounding.
User Fees for Exclusive Use of Space for Animals Quarantined in APHIS Animal Import Centers (Sec. 130.3)
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Monthly user fee
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Animal import center Current user Oct. 1, 1999- Oct. 1, 2000- Oct. 1, 2001- Oct. 1, 2002-
fee Sept. 30, 2000 Sept. 30, 2001 Sept. 30, 2002 Sept. 30, 2003 Beginning Oct.
1, 2003
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Newburgh, NY:
Space A 5,396 sq. ft. (503.1 sq. m.)................ $43,102 $53,037 $54,523 $56,054 $57,630 $59,254
Space B 8,903 sq. ft. (827.1 sq. m.)................ 71,118 87,508 89,959 92,484 95,085 97,764
Space C 905 sq. ft. (84.1 sq. m.)................... 7,229 8,895 9,144 9,401 9,666 9,938
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User Fees for Inspection of Animals at Ports of Entry
Sections 130.6 and 130.7 list user fees we charge for inspecting
animals imported into the United States. We inspect the animals to
minimize the risk that they could introduce a foreign animal disease
into the United States. We provide inspection services at U.S. border
ports, airports, and ocean ports.
We charge the user fee per animal or per load, depending on whether
the animals are handled individually or as a group. The user fees vary
with the location and type of animal. Different types of animals
require different amounts and types of services. User fees for services
at the United States-Mexico
[[Page 52685]]
border are listed in Sec. 130.6. User fees for services at other ports
of entry are listed in Sec. 130.7.
The tables below list the proposed user fees for inspection of
animals at ports of entry for fiscal years 2000-2004. As explained
above, the proposed user fees are based on FY 1999 costs and include
direct labor costs adjusted by 4.4 percent for FY 2000 and 3.9 percent
for FY 2001 through 2004 to cover increases in employee pay, and
adjustments for inflation at 2.3 percent each year. The percentage
changes in the user fees from one fiscal year to the next vary based on
rounding.
User Fees for Inspection of Animals at Land Border Ports Along the United States-Mexico Border (Sec. 130.6(a))
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Per head user fee
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Type of live animal Current user Oct. 1, 1999- Oct. 1, 2000- Oct. 1, 2001- Oct. 1, 2002- Beginning
fee Sept. 30, 2000 Sept. 30, 2001 Sept. 30, 2002 Sept. 30, 2003 October 1,
2003
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Any ruminants not listed below.......................... $6.00 $8.00 $8.25 $8.50 $8.75 $9.00
Feeder.................................................. 1.75 2.25 2.25 2.25 2.50 2.50
Horses, other than slaughter............................ 29.25 39.00 41.00 42.00 43.00 44.00
In-bond or in-transit................................... 3.75 5.25 5.25 5.50 5.50 5.75
Slaughter............................................... 2.50 3.50 3.50 3.50 3.75 3.75
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User Fees for Inspection of Animals at Land Border Ports at All Other Ports of Entry (Sec. 130.7(a))
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User fee
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Type of live animal Unit Current Oct. 1, Oct. 1, Oct. 1, Oct. 1, Beginning
user fee 1999-Sept. 2000-Sept. 2001-Sept. 2002-Sept. Oct. 1,
30, 2000 30, 2001 30, 2002 30, 2003 2003
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Animals being imported into the United States
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Breeding animals (grade animals, except
horses):
Sheep and goats....................... per head...................... $0.50 $0.50 $0.50 $0.50 $0.50 $0.50
Swine................................. per head...................... 0.50 0.75 0.75 0.75 0.75 0.75
All others............................ per head...................... 2.25 3.00 3.00 3.25 3.25 3.25
Feeder animals:
Cattle (not including calves)......... per head...................... $1.00 $1.50 $1.50 $1.50 $1.50 $1.50
Sheep and calves...................... per head...................... 0.25 0.50 0.50 0.50 0.50 0.50
Swine................................. per head...................... 0.25 0.25 0.25 0.25 0.25 0.25
Horses, other than slaughter and in- per head...................... 19.00 25.00 26.00 27.00 28.00 29.00
transit.
Poultry (including eggs), imported for per load...................... 33.00 44.00 46.00 47.00 48.00 50.00
any purpose.
Registered animals, all types......... per head...................... 4.00 5.25 5.50 5.50 5.75 6.00
Slaughter animals, all types.......... per load...................... 16.50 22.00 23.00 24.00 24.00 25.00
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Animals transiting\1\ the United States
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Cattle.................................... per head...................... 1.00 1.25 1.25 1.50 1.50 1.50
Horses and all other animals.............. per head...................... 4.50 6.00 6.25 6.50 6.75 6.75
Sheep and goats........................... per head...................... 0.25 0.25 0.25 0.25 0.25 0.25
Swine..................................... per head...................... 0.25 0.25 0.25 0.25 0.25 0.25
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\1\ The user fee in this section will be charged for in-transit authorizations at the port where the authorization services are performed. For
additional services provided by APHIS, at any port, the hourly user fee rate in Sec. 130.30 will apply.
User Fees for Other Services (Sec. 130.8)
Section 130.8 lists the user fees we charge for a variety of other
services we provide related to the importation into or exportation from
the United States of animals, animals products, birds, germ plasm,
organisms, and vectors.
The table below lists the proposed user fees for these services for
fiscal years 2000-2004. As explained above, the proposed user fees are
based on FY 1999 costs and include direct labor costs adjusted by 4.4
percent for FY 2000 and 3.9 percent for FY 2001 through 2004 to cover
increases in employee pay, and adjustments for inflation at 2.3 percent
each year. The percentage changes in the user fees from one fiscal year
to the next vary based on rounding.
User Fees for Other Services (Sec. 130.8(a))
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User fee
-------------------------------------------------------------------------------
Service Unit Current user Oct. 1, 1999- Oct. 1, 2000- Oct. 1, 2001- Oct. 1, 2002-
fee Sept. 30, 2000 Sept. 30, 2001 Sept. 30, 2002 Sept. 30, 2003 Beginning Oct.
1, 2003
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Embryo collection center per year................ $278.50 $337.00 $347.00 $358.00 $369.00 $380.00
inspection and approval (all
inspections required during
the year for facility
approval).
Germ plasm being exported: 1
[[Page 52686]]
Embryo:
Up to 5 donor pairs... per certificate......... 54.75 74.00 76.00 79.00 81.00 83.00
Each additional group per group of donor pairs 24.75 33.00 34.00 35.00 36.00 37.00
of donor pairs, up to
5 pairs per group, on
the same certificate.
Semen..................... per certificate......... 33.50 45.00 46.00 48.00 49.00 51.00
Germ plasm being imported:2
Embryo.................... per load................ 39.50 54.00 55.00 57.00 58.00 60.00
Semen..................... per load................ 39.50 54.00 55.00 57.00 58.00 60.00
Import compliance assistance:
Simple (2 hours or less).. per release............. 51.25 62.00 64.00 66.00 68.00 70.00
Complicated (more than 2 per release............. 131.75 159.00 164.00 169.00 174.00 180.00
hours).
Inspection for approval of
slaughter establishment:
Initial approval (all per year................ 246.50 332.00 342.00 352.00 362.00 373.00
inspections).
Renewal (all inspections). per year................ 213.50 288.00 296.00 305.00 314.00 323.00
Inspection of approved
establishments, warehouses,
and facilities under 9 CFR
parts 94 through 96:
Approval (compliance per year................ 262.75 354.00 365.00 375.00 386.00 398.00
agreement) (all
inspections for first
year of 3-year approval).
Renewed approval (all per year................ 152.00 205.00 211.00 217.00 223.00 230.00
inspections for second
and third years of 3-year
approval).
Pet birds (except pet birds of
U.S. origin entering the
United States from Canada):
Which have been out of the per lot................. 169.75 229.00 236.00 243.00 250.00 257.00
United States more than
60 days.
Which have been out of the per lot................. 71.25 96.00 99.00 102.00 105.00 108.00
United States 60 days or
less.
Processing VS form 16-3,
``Application for permit to
Import Controlled Material/
Import or Transport Organisms
or Vectors'':
For permit to import fetal per application......... 208.50 275.00 283.00 292.00 300.00 309.00
bovine serum when
facility inspection is
required.
For all other permits..... per application......... 27.50 35.00 36.00 37.00 38.00 39.00
Amended application....... per amended application. 11.50 14.00 15.00 15.00 16.00 16.00
Application renewal....... per application......... 15.00 19.00 19.00 20.00 21.00 21.00
Release from export
agricultural hold:
Simple (2 hours or less).. per release............. 51.25 62.00 64.00 66.00 68.00 70.00
Complicated (more than 2 per release............. 131.75 159.00 164.00 169.00 174.00 180.00
hours).
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 hourly user fee in Sec. 130.30 will apply.2
2 For inspection of empty containers being imported into the United States, the hourly user fee in Sec. 130.30 will apply, unless a user fee has been
assessed under 7 CFR part 354.3.
User Fees for Pet Birds (Sec. 130.10)
Section 130.10 lists user fees charged for services we provide for
pet birds that must be quarantined in an APHIS owned or supervised
quarantine facility.
In accordance with 9 CFR part 93, pet birds are normally
quarantined for 30 days. We charge a daily user fee. The user fee
applies per isolette and varies based on the number of pet birds in the
isolette. That is, all the birds quarantined in one isolette are
covered by one fee, which is assessed daily for the duration of the
quarantine.
This user fee recovers all costs of feeding, housing, handling, and
caring for the birds. The user fee does not recover the costs of
testing the birds, for which separate user fees apply.
The table below lists the proposed user fees for pet birds
quarantined in APHIS owned or supervised quarantine facilities for
fiscal years 2000-2004. As explained above, the proposed user fees are
based on FY 1999 costs and include direct labor costs adjusted by 4.4
percent for FY 2000 and 3.9 percent for FY 2001 through 2004 to cover
increases in employee pay, and adjustments for inflation at 2.3 percent
each year. The percentage changes in the user fees from one fiscal year
to the next vary based on rounding.
User fees for pet birds quarantined in APHIS owned or supervised quarantine facilities (Sec. 130.10)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Daily user fee
-----------------------------------------------------------------------------------------------
Number of birds in isolette Current user Oct. 1, 1999- Oct. 1, 2000- Oct. 1, 2001- Oct. 1, 2002- Beginning
fee Sept. 30, 2000 Sept. 30, 2001 Sept. 30, 2002 Sept. 30, 2003 Oct. 1, 2003
--------------------------------------------------------------------------------------------------------------------------------------------------------
1....................................................... $6.50 $8.25 $8.50 $8.75 $9.00 $9.25
2....................................................... 7.75 10.00 10.00 11.00 11.00 11.00
3....................................................... 9.28 12.00 12.00 13.00 13.00 13.00
4....................................................... 10.75 14.00 14.00 15.00 15.00 15.00
5 or more............................................... 12.00 16.00 16.00 17.00 17.00 18.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
User Fees for Endorsing Export Certificates (Sec. 130.20)
Section 130.20 lists user fees we charge for endorsing certificates
for animals or animal products exported from the United States. The
importing countries often require these certificates to show that an
animal has tested negative to specific animal diseases or that an
animal or animal product has not been exposed to specific animal
diseases.
These user fees are intended to cover all of the costs associated
with endorsing the certificates. The steps associated with endorsing an
export certificate may include reviewing supporting documentation;
confirming that the importing country's requirements have been met;
verifying laboratory test results for each animal if tests are
required; reviewing any certification statements required by the
importing country; and endorsing, or
[[Page 52687]]
signing, the certificates. Because importing countries often require
these certificates for animals, animal products, and other products, we
are proposing to change the references in the regulations from ``export
health certificates'' to ``export certificates.''
The tables below list the proposed user fees for endorsing these
certificates for fiscal years 2000-2004. As explained above, the
proposed user fees are based on FY 1999 costs and include direct labor
costs adjusted by 4.4 percent for FY 2000 and 3.9 percent for FY 2001
through 2004 to cover increases in employee pay, and adjustments for
inflation at 2.3 percent each year. The percentage changes in the user
fees from one fiscal year to the next vary based on rounding.
User Fees for Endorsing Export Certificates (Sec. 130.20(a))
--------------------------------------------------------------------------------------------------------------------------------------------------------
User fee
-------------------------------------------------------------------------------
Certificate categories Current user Oct. 1, 1999- Oct. 1, 2000- Oct. 1, 2001- Oct. 1, 2002-
fee Sept. 30, 2000 Sept. 30, 2001 Sept. 30, 2002 Sept. 30, 2003 Beginning Oct.
1, 2003
--------------------------------------------------------------------------------------------------------------------------------------------------------
Animal products......................................... $21.50 $29.00 $30.00 $30.00 $31.00 $32.00
Hatching eggs........................................... 21.00 27.00 28.00 28.00 29.00 30.00
Nonslaughter horses to Canada........................... 26.25 34.00 35.00 36.00 37.00 38.00
Poultry (including slaughter poultry)................... 21.00 27.00 28.00 28.00 29.00 30.00
Slaughter animals, of any type, moving to Canada or 24.50 31.00 32.00 33.00 34.00 35.00
Mexico.................................................
Other endorsements or certifications.................... 16.50 21.00 22.00 22.00 23.00 24.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
User Fees for Endorsing Export Certificates When the Importing Country Requires Tests (Sec. 130.20(b)(1))
--------------------------------------------------------------------------------------------------------------------------------------------------------
User fee
-------------------------------------------------------------------------------
Number of tests or vaccinations and Number of animals or Current user Oct. 1, 1999- Oct. 1, 2000- Oct. 1, 2001- Oct. 1, 2002-
birds on the certificate fee Sept. 30, 2000 Sept. 30, 2001 Sept. 30, 2002 Sept. 30, 2003 Beginning Oct.
1, 2003
--------------------------------------------------------------------------------------------------------------------------------------------------------
1-2 tests or vaccinations:
First animal........................................ $52.50 $68.00 $70.00 $72.00 $74.00 $76.00
Each additional animal.............................. 3.00 4.00 4.00 4.00 4.25 4.25
3-6 tests or vaccinations:
First animal........................................ 64.75 84.00 86.00 88.00 91.00 94.00
Each additional animal.............................. 5.00 6.50 6.75 7.00 7.00 7.25
7 or more tests or vaccinations:
First animal........................................ 75.75 98.00 100.00 103.00 106.00 109.00
Each additional animal.............................. 6.00 7.75 8.00 8.25 8.25 8.50
--------------------------------------------------------------------------------------------------------------------------------------------------------
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The rule has been determined to be significant for the purposes of
Executive Order 12866 and, therefore, has been reviewed by the Office
of Management and Budget.
Below is a summary of the economic analysis for the changes in
APHIS user fees proposed in this document. The economic analysis
provides a cost-benefit analysis as required by Executive Order 12866
and an analysis of the potential economic effects on small entities as
required by the Regulatory Flexibility Act. A copy of the full economic
analysis, which includes comparisons of 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.
We do not have enough data for a comprehensive analysis of the
economic effects of this proposed rule on small entities. Therefore, in
accordance with 5 U.S.C. 603, we have performed an Initial Regulatory
Flexibility Analysis for this proposed rule. We are inviting comments
about this proposed rule as it relates to small entities. In
particular, we are interested in determining the number and kind of
small entities who may incur benefits or costs from implementation of
this proposed rule and the economic impact of those benefits or costs.
These user fees are authorized by section 2509(c)(1) of the Food,
Agriculture, Conservation, and Trade Act of 1990, as amended (21 U.S.C.
136a). APHIS is authorized to establish and collect fees that will
cover the cost of providing import- and export-related services for
animals, animal products, birds, germ plasm, organisms, and vectors.
Since FY 1992, APHIS has received no directly appropriated funds to
provide import- and export-related services for animals, animal
products, birds, germ plasm, organisms, and vectors. Our ability to
provide these services depends on user fees. We change our user fees
through the standard rulemaking process of publishing the proposed
changes for public comment in the Federal Register, considering the
comments, publishing the final changes in the Federal Register, and
making the new user fees effective 30 days after the final rule is
published. This rulemaking process can be lengthy. As a result, our
user fees may not reflect our current cost of providing services.
For our user fees to cover our costs so that we can continue to
provide services and to inform our customers of user fees in time for
advance planning, we propose to set user fees for our services in
advance for fiscal years 2000 through 2004. The proposed user fees are
based on our costs of providing import- and export-related services in
FY 1999, plus anticipated annual increases in the salaries of employees
who provide the services, plus adjustments for inflation. We used
estimated pay increases of 4.4 percent for FY 2000 and 3.9 percent for
FY 2001 through FY 2004 published by the U.S. Treasury Department to
calculate increases in the direct labor costs each year. We estimated
inflation at 2.3 percent a year based on the Consumer Price Index
(CPI). The estimated CPI is published in the
[[Page 52688]]
Economic Assumptions table of the Budget for the U.S. Government each
year.
Since the rulemaking process can be lengthy, it is difficult to
estimate when proposed user fee changes may become effective. For
analysis purposes, we based projected collections on calculations using
an estimated effective date of April 1, 2000 for the proposed FY 2000
user fees. Our goal is to implement the proposed user fees in a timely
fashion. In the final rule, we will show revised projections of user
fee collections based on the effective date of the proposed user fees.
The following summary table shows annual expenses for providing
import- and export-related services, current collections, increases in
collections from the proposed user fee changes, and projected reserve
amounts.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Total FY
Calendar dates current FY 2000 \2\ FY 2001 FY 2002 FY 2003 FY 2004 2000 FY
annual \1\ 2004
--------------------------------------------------------------------------------------------------------------------------------------------------------
Operating reserve, start of year............................. $382,142 $382,142 $0 $1,083,957 $2,040,005 3,072,364 ...........
Annual income:
Current collections \3\.................................. 11,940,080 11,940,080 11,940,080 11,940,080 11,940,080 11,940,080 71,640,480
Proposed collections..................................... 0 2,303,817 5,005,404 5,391,637 5,999,739 6,451,365 25,151,962
------------------------------------------------------------------------------------------
Total income......................................... 11,940,080 14,243,897 16,945,484 17,331,717 17,939,819 18,391,445 96,792,442
Annual expenses \4\...................................... 11,940,080 14,626,039 15,861,527 16,375,669 16,907,460 17,457,533 93,168,308
------------------------------------------------------------------------------------------
Income, less expenses................................ 0 (382,142) 1,083,957 956,048 1,032,359 933,912
Operating reserve, end of year........................... 382,142 0 1,083,957 2,040,005 3,072,364 4,006,276
Months (no.)............................................. 0.00 0.00 0.82 1.49 2.18 2.75
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Current annual estimates are based on FY 1998.
\2\ FY 2000 estimates are based on an estimated implementation date for the proposed user fees of April 1, 2000. When the estimated implementation date
changes, we will recalculate the projections using that date.
\3\ Projections for FY 2000-2004 are based on FY 1998 volumes. When FY 1999 volumes are available, we will recalculate the projections using FY 1999
volumes. Increases in volumes in the outyears would increase income and expenses proportionately.
\4\ The annual expenses shown in the table in the estimated current annual column and in the FY 2000 column reflect expenses constrained by income from
user fee collections. Our user fees are not high enough to provide the level of service delivery requested for import- and export-related activities.
Our current user fees are approximately $2.5 million below the performance level of services requested. Even with the proposed user fee increases,
using an estimated effective date of April 1, 2000 for the proposed FY 2000 user fees, we anticipate that in FY 2000 our user fee collections would be
over $1 million below the level of anticipated service requests. To constrain expenses down to equal income, we would be required to restrict services
until user fee increases can be implemented. Adoption of the proposed user fees would allow us to meet customer demand and build an adequate reserve.
Therefore, once implemented, service restrictions would no longer be required.
Effects on Small Entities
Proposed user fee changes could affect some importers and exporters
of live animals, animal products, birds, germ plasm, organisms, and
vectors. Any of these importers or exporters whose annual sales total
less than $5 million is a small entity according to the Small Business
Administration (SBA). We do not have adequate information to determine
the number of entities who import or export live animals and qualify as
a small entity. Data from the 1995 Bureau of Census indicates that the
majority of agricultural entities who deal in less valuable animals,
such as feeding or slaughter animals, can be considered small. This may
not be the case for entities dealing exclusively in more valuable
animals. While there is a wide range in the sizes of entities who use
our import- and export-related services, our experience shows that as
many as 50 percent may be considered large.
The profit margins of some entities could decline as user fees for
import-or export-related services are increased. However, the proposed
increases are generally small in dollar value. Over the 5 years, more
than 57 percent of the individual user fee increases are $1.00 or less,
and more than 88 percent are less than $10.00. In addition, the
proposed user fees represent a small fraction of the value of the
affected animals. Purchase and import costs for importing a breeding
grade animal into the United States can range between $1500 and $5000
per head. Therefore, the proposed increases are not generally expected
to reduce profits or impede imports or exports. Indeed, entities
directly effected by this proposed rule are not likely to bear the full
burden of the user fee increases, as some of the cost increases are
expected to be passed on to the purchasers of these imported or
exported animals or animal products.
Alternatives
One alternative to this proposed rule would be to make no changes
to the current user fees. We do not consider making no changes to the
current user fees a reasonable alternative because we would not recover
the full cost of providing the import-and export-related services.
Since 1992, Congress has not appropriated funds for these services;
these services have been paid for through user fees charged to the
customer or reimbursable agreements. Therefore, if we had chosen this
alternative and not proposed changes to the current user fees, funds
would not be available to continue to provide services at a level
sufficient to meet customer demand.
Another alternative to this proposed rule would be to either exempt
small businesses from these user fees or establish a different user fee
structure for small businesses. APHIS cannot exempt certain classes of
users, such as small businesses, from the user fees, and cannot charge
user fees that recover less than the full cost of providing the
service. In addition, every business, including small businesses, using
a government service needs to 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. Therefore, we do not consider exempting small businesses
from these user fees or establishing a different user fee structure for
small businesses as viable options.
Another alternative to the user fee changes proposed in this rule
would be to calculate the increases for the five year period and then
spread the changes evenly in annual increments. The largest change from
the current user fees to the proposed FY 2000 user fee comes from the
additional administrative support cost components: Rent, billing costs
and collections expenses, and
[[Page 52689]]
equipment capitalization. APHIS is already incurring these costs,
therefore we need to recover these costs through user fees. If we had
proposed these increases phased in over the 5 year period, it would
benefit users in FY 2000 because they would not pay a large increase in
the first year. However, most of these user fees have not been changed
since FY 1996 and the current user fees no longer reflect the cost of
providing import- and export-related services. Therefore, if we
implemented this alternative, the user fees would still not accurately
reflect the costs in FY 2000 and we would not recover the costs of
providing import- or export-related services, so this option is not
viable. Our intent of offering a multi-year plan so that businesses can
include these revised user fees in their operating program will be
effective once these proposed user fees become effective and businesses
will know what the annual changes will be to incorporate them into
their budgetary plans. The alternative would be to continue as we have
with occasional large increases instead of the initial increase to
bring the user fees up to the cost of providing services and
implementing annual changes as we have proposed in this document.
Cost Benefit Analysis
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 as a
result of the proposed changes in user fees.
The administrative cost involved in obtaining these savings would
be minimal. APHIS already has a user fee program and a mechanism for
collecting user fees in place. This proposal would update existing user
fees in the system. Therefore, increases in administrative costs would
be small. Because the savings are sufficiently large, and the
administrative costs would be small, it is likely that the net gain in
reducing the burden on taxpayers as a whole would outweigh the cost of
administering the revisions of the user fees.
This proposed rule contains no new information collection or
recordkeeping requirements.
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
This 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. Section 130.2 would be amended as follows:
a. In paragraph (a), by revising the table to read as set forth
below.
b. In paragraph (b), by revising the table to read as set forth
below.
Sec. 130.2 User fees for individual animals and certain birds
quarantined in APHIS Animal Import Centers.
(a) * * *
----------------------------------------------------------------------------------------------------------------
Daily user fee
-------------------------------------------------------------------------------
Animal or bird Oct. 1, 1999- Oct. 1, 2000- Oct. 1, 2001- Oct. 1, 2002-
Sept. 30, 2000 Sept. 30, 2001 Sept. 30, 2002 Sept. 30, 2003 Beginning
Oct. 1, 2003
----------------------------------------------------------------------------------------------------------------
Birds (excluding ratites and pet
birds imported in accordance
with Part 93 of this
subchapter):
0-250 grams................. $1.50 $1.50 $1.50 $1.50 $1.75
251-1,000 grams............. 5.00 5.25 5.25 5.50 5.75
Over 1,000 grams............ 12.00 12.00 13.00 13.00 13.00
Domestic or zoo animals (except
equines, birds, and poultry):
Bison, bulls, camels, 93.00 95.00 97.00 100.00 102.00
cattle, or zoo animals.....
All others, including, but 24.00 25.00 26.00 26.00 27.00
not limited to, alpacas,
llamas, goats, sheep, and
swine......................
Equines (including zoo equines,
but excluding miniature
horses):
1st through 3rd day (fee per 245.00 251.00 257.00 264.00 270.00
day).......................
4th through 7th day (fee per 177.00 182.00 186.00 191.00 195.00
day).......................
8th and subsequent days (fee 150.00 154.00 158.00 162.00 166.00
per day)...................
Miniature horses................ 56.00 57.00 58.00 60.00 61.00
Poultry (including zoo poultry):
Doves, pigeons, quail....... 3.00 3.25 3.25 3.25 3.50
Chickens, ducks, grouse, 5.75 6.00 6.00 6.25 6.25
guinea fowl, partridge, pea
fowl, pheasants............
Large poultry and large 13.00 14.00 14.00 14.00 15.00
waterfowl, including, but
not limited to game cocks,
geese, swans, and turkeys..
Ratites:
Chicks (less than 3 months 8.50 8.75 9.00 9.00 9.25
old).......................
Juveniles (3 months through 13.00 13.00 13.00 14.00 14.00
10 months old).............
Adults (11 months old and 24.00 25.00 26.00 26.00 27.00
older).....................
----------------------------------------------------------------------------------------------------------------
[[Page 52690]]
(b) * * *
----------------------------------------------------------------------------------------------------------------
Daily user fee
-------------------------------------------------------------------------------
Bird or poultry (nonstandard Oct. 1, 1999- Oct. 1, 2000- Oct. 1, 2001- Oct. 1, 2002-
housing, care, or handling) Sept. 30, 2000 Sept. 30, 2001 Sept. 30, 2002 Sept. 30, 2003 Beginning
Oct. 1, 2003
----------------------------------------------------------------------------------------------------------------
Birds 0-250 grams and doves, $5.00 $5.25 $5.25 $5.50 $5.75
pigeons, and quail.........
Birds 251-1,000 grams and 12.00 12.00 13.00 13.00 13.00
poultry such as chickens,
ducks, grouse, guinea fowl,
partridge, pea fowl, and
pheasants..................
Birds over 1,000 grams and 23.00 24.00 24.00 25.00 25.00
large poultry and large
waterfowl, including, but
not limited to game cocks,
geese, swans, and turkeys..
----------------------------------------------------------------------------------------------------------------
* * * * *
3. Section 130.3 would be amended as follows:
a. In paragraph (a)(1), the table would be revised to read as set
forth below.
b. By revising paragraph (c)(3) to read as set forth below.
Sec. 130.3 User fees for exclusive use of space at APHIS Animal Import
Centers.
(a)(1) * * *
----------------------------------------------------------------------------------------------------------------
Monthly user fee
-------------------------------------------------------------------------------
Animal import center Oct. 1, 1999- Oct. 1, 2000- Oct. 1, 2001- Oct. 1, 2002-
Sept. 30, 2000 Sept. 30, 2001 Sept. 30, 2002 Sept. 30, 2003 Beginning
Oct. 1, 2003
----------------------------------------------------------------------------------------------------------------
Newburgh, NY:
Space A 5,396 sq. ft. (503.1 sq. $53,037 $54,523 $56,054 $57,630 $59,254
m.)
Space B 8,903 sq. ft (827.1 87,508 89,959 92,484 95,085 97,764
sq. m.)....................
Space C 905 sq. ft. (84.1 8,895 9,144 9,401 9,666 9,938
sq. m.)....................
----------------------------------------------------------------------------------------------------------------
* * * * *
(c) * * *
(3) If the importer requests additional services, then the user
fees for those services will be calculated at the hourly rate user fee
listed in Sec. 130.30, for each employee required to perform the
service.
* * * * *
4. Section 130.5 would be 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
the hourly user fee rate listed in Sec. 130.30, 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)
5. Section 130.6 would be revised to read as follows:
Sec. 130.6 User fees for inspection of live animals at land border
ports along the United States-Mexico border.
(a) User fees 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
minimum user fee for this service is listed in Sec. 130.30. 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.
----------------------------------------------------------------------------------------------------------------
Per head user fee
-------------------------------------------------------------------------------
Type of live animal Oct. 1, 1999- Oct. 1, 2000- Oct. 1, 2001- Oct. 1, 2002-
Sept. 30, 2000 Sept. 30, 2001 Sept. 30, 2002 Sept. 30, 2003 Beginning
Oct. 1, 2003
----------------------------------------------------------------------------------------------------------------
Any ruminants not covered $8.00 $8.25 $8.50 $8.75 $9.00
below......................
Feeder...................... 2.25 2.25 2.25 2.50 2.50
Horses, other than slaughter 39.00 41.00 42.00 43.00 44.00
In-bond or in-transit....... 5.25 5.25 5.50 5.50 5.75
Slaughter................... 3.50 3.50 3.50 3.75 3.75
----------------------------------------------------------------------------------------------------------------
(b) [Reserved]
(Approved by the Office of Management and Budget under control
numbers 0579-0055 and 0579-0094)
6. Section 130.7 would be revised to read as follows:
Sec. 130.7 User fees for inspection of live animals at all other ports
of entry.
(a) User fees 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 minimum user fee for this
service is listed in Sec. 130.30. 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 52691]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
User fee
-------------------------------------------------------------------------------
Type of live animal Unit Oct. 1, 1999- Oct. 1, 2000- Oct. 1, 2001- Oct. 1, 2002-
Sept. 30, 2000 Sept. 30, 2001 Sept. 30, 2002 Sept. 30, 2003 Beginning Oct.
1, 2003
--------------------------------------------------------------------------------------------------------------------------------------------------------
Animals being imported into the
United States:
Breeding animals (Grade animals,
except horses):
Sheep and goats.................. per head......................... $0.50 $0.50 $0.50 $0.50 $0.50
Swine............................ per head......................... 0.75 0.75 0.75 0.75 0.75
All others....................... per head......................... 3.00 3.00 3.25 3.25 3.25
Feeder animals:
Cattle (not including calves).... per head......................... 1.50 1.50 1.50 1.50 1.50
Sheep and calves................. per head......................... 0.50 0.50 0.50 0.50 0.50
Swine............................ per head......................... 0.25 0.25 0.25 0.25 0.25
Horses, other than slaughter and in- per head......................... 25.00 26.00 27.00 28.00 29.00
transit.
Poultry (including eggs), per load......................... 44.00 46.00 47.00 48.00 50.00
imported for any purpose.
Registered animals, all types........ per head......................... 5.25 5.50 5.50 5.75 6.00
Slaughter animals, all types......... per load......................... 22.00 23.00 24.00 24.00 25.00
Animals transiting \1\ the United
States:
Cattle........................... per head......................... 1.25 1.25 1.50 1.50 1.50
Horses and all other animals..... per head......................... 6.00 6.25 6.50 6.75 6.75
Sheep and goats.................. per head......................... 0.25 0.25 0.25 0.25 0.25
Swine............................ per head......................... 0.25 0.25 0.25 0.25 0.25
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The user fee in this section will be charged for in-transit authorizations at the port where the authorization services are performed. For
additional services provided by APHIS, at any port, the hourly user fee rate in Sec. 130.30 will apply.
(b) [Reserved]
(Approved by the Office of Management and Budget under control
numbers 0579-0055 and 0579-0094)
7. Section 130.8 would be revised to read as follows:
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 Secs. 130.50 and 130.51.
--------------------------------------------------------------------------------------------------------------------------------------------------------
User fee--
-------------------------------------------------------------------------------
Service Unit Oct. 1, 1999- Oct. 1, 2000- Oct. 1, 2001- Oct. 1, 2002-
Sept. 30, 2000 Sept. 30, 2001 Sept. 30, 2002 Sept. 30, 2003 Beginning
Oct. 1, 2003
--------------------------------------------------------------------------------------------------------------------------------------------------------
Embryo collection center inspection Per year......................... $337.00 $347.00 $358.00 $369.00 $380.00
and approval (all inspections
required during the year for
facility approval).
Germ plasm being exported: \1\
Embryo:
Up to 5 donor pairs.......... Per certificate.................. 74.00 76.00 79.00 81.00 83.00
Each additional group of Per group of donor pairs......... 33.00 34.00 35.00 36.00 37.00
donor pairs, up to 5 pairs
per group, on the same
certificate.
Semen........................ Per certificate.................. 45.00 46.00 48.00 49.00 51.00
Germ plasm being imported: \2\
Embryo........................... Per load......................... 54.00 55.00 57.00 58.00 60.00
Semen............................ Per load......................... 54.00 55.00 57.00 58.00 60.00
Import compliance assistance:
Simple (2 hours or less)......... Per release...................... 62.00 64.00 66.00 68.00 70.00
Complicated (more than 2 hours).. Per release...................... 159.00 164.00 169.00 174.00 180.00
Inspection for approval of slaughter
establishment:
Initial approval (all Per year......................... 332.00 342.00 352.00 362.00 373.00
inspections).
Renewal (all inspections)........ Per year......................... 288.00 296.00 305.00 314.00 323.00
Inspection of approved
establishments, warehouses, and
facilities under 9 CFR parts 94
through 96:
Approval (compliance agreement) Per year......................... 354.00 365.00 375.00 386.00 398.00
(all inspections for first year
of 3-year approval).
[[Page 52692]]
Renewed approval (all inspections Per year......................... 205.00 211.00 217.00 223.00 230.00
for second and third years of 3-
year approval).
Pet birds (except pet birds of U.S.
origin entering the United States
from Canada):
Which have been out of the United Per lot.......................... 229.00 236.00 243.00 250.00 257.00
States more than 60 days.
Which have been out of the United Per lot.......................... 96.00 99.00 102.00 105.00 108.00
States 60 days or less.
Processing VS form 16-3,
``Application for Permit to Import
Controlled Material/Import or
Transport Organisms or Vectors'':
For permit to import fetal bovine Per application.................. 275.00 283.00 292.00 300.00 309.00
serum when facility inspection
is required.
For all other permits............ Per application.................. 35.00 36.00 37.00 38.00 39.00
Amended application.............. Per amended application.......... 14.00 15.00 15.00 16.00 16.00
Application renewal.............. Per application.................. 19.00 19.00 20.00 21.00 21.00
Release from export agricultural
hold:
Simple (2 hours or less)......... Per release...................... 62.00 64.00 66.00 68.00 70.00
Complicated (more than 2 hours).. Per release...................... 159.00 164.00 169.00 174.00 180.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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 hourly user fee in Sec. 130.30 will apply.
\2\ For inspection of empty containers being imported into the United States, the hourly user fee in Sec. 130.30 will apply, unless a user fee has been
assessed under 7 CFR part 354.3.
(b) [Reserved]
(Approved by the Office of Management and Budget under control
numbers 0579-0015, 0579-0040, 0579-0055 and 0579-0094)
Sec. 130.9 [Removed and Reserved]
8. Section 130.9 would be removed and reserved.
9. Section 130.10 would be amended as follows:
a. In paragraph (a), by revising the table to read as set forth
below.
b. By revising paragraph (c) to read as set forth below.
Sec. 130.10 User fees for pet birds quarantined at APHIS-owned or
supervised quarantine facilities.
(a) * * *
----------------------------------------------------------------------------------------------------------------
Daily user fee--
-------------------------------------------------------------------------------
Number of birds in isolette Oct. 1, 1999- Oct. 1, 2000- Oct. 1, 2001- Oct. 1, 2002-
Sept. 30, 2000 Sept. 30, 2001 Sept. 30, 2002 Sept. 30, 2003 Beginning
Oct. 1, 2003
----------------------------------------------------------------------------------------------------------------
1............................... $8.25 $8.50 $8.75 $9.00 $9.25
2............................... 10.00 10.00 11.00 11.00 11.00
3............................... 12.00 12.00 13.00 13.00 13.00
4............................... 14.00 14.00 15.00 15.00 15.00
5 or more....................... 16.00 16.00 17.00 17.00 18.00
----------------------------------------------------------------------------------------------------------------
* * * * *
(c) If the importer requests additional services, then the user
fees for those services will be calculated at the hourly rate user fee
listed in Sec. 130.30, for each employee required to perform the
service.
(Approved by the Office of Management and Budget under control
number 0579-0094)
10. Section 130.20 would be amended as follows:
a. By revising the section heading to read as set forth below.
b. In paragraph (a), by revising the table to read as set forth
below.
c. In paragraph (b)(1), by revising the table to read as set forth
below.
Sec. 130.20 User fees for endorsing export certificates.
(a) * * *
----------------------------------------------------------------------------------------------------------------
User fee--
-------------------------------------------------------------------------------
Certificate categories Oct. 1, 1999- Oct. 1, 2000- Oct. 1, 2001- Oct. 1, 2002-
Sept. 30, 2000 Sept. 30, 2001 Sept. 30, 2002 Sept. 30, 2003 Beginning
Oct. 1, 2003
----------------------------------------------------------------------------------------------------------------
Animal products................. $29.00 $30.00 $30.00 $31.00 $32.00
[[Page 52693]]
Hatching eggs................... 27.00 28.00 28.00 29.00 30.00
Nonslaughter horses to Canada... 34.00 35.00 36.00 37.00 38.00
Poultry (including slaughter 27.00 28.00 28.00 29.00 30.00
poultry).......................
Slaughter animals, of any type, 31.00 32.00 33.00 34.00 35.00
moving to Canada or Mexico.....
Other endorsements or 21.00 22.00 22.00 23.00 24.00
certifications.................
----------------------------------------------------------------------------------------------------------------
(b)(1) * * *
----------------------------------------------------------------------------------------------------------------
User fee--
Number of tests or vaccinations -------------------------------------------------------------------------------
and Number of animals or birds Oct. 1, 1999- Oct. 1, 2000- Oct. 1, 2001- Oct. 1, 2002-
on the certificate Sept. 30, 2000 Sept. 30, 2001 Sept. 30, 2002 Sept. 30, 2003 Beginning
Oct. 1, 2003
----------------------------------------------------------------------------------------------------------------
1-2 tests or vaccinations:
First animal................ $68.00 $70.00 $72.00 $74.00 $76.00
Each additional animal...... 4.00 4.00 4.00 4.25 4.25
3-6 tests or vaccinations:
First animal................ 84.00 86.00 88.00 91.00 94.00
Each additional animal...... 6.50 6.75 7.00 7.00 7.25
7 or more tests or vaccinations:
First animal................ 98.00 100.00 103.00 106.00 109.00
Each additional animal...... 7.75 8.00 8.25 8.25 8.50
----------------------------------------------------------------------------------------------------------------
* * * * *
Sec. 130.21 [Removed and Reserved]
11. Section 130.21 would be removed and reserved.
12. A new Sec. 130.30 would be added to read as follows:
130.30 Hourly rate user fees.
(a) User fees for import-or export-related veterinary services
listed in paragraphs (a)(1) through (a)(10) of this section will be
calculated at the hourly rate listed in the following table 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.
----------------------------------------------------------------------------------------------------------------
Hourly user fee
-------------------------------------------------------------------------------
Oct. 1, 1999- Oct. 1, 2000- Oct. 1, 2001- Oct. 1, 2002-
Sept. 30, 2000 Sept. 30, 2001 Sept. 30, 2002 Sept. 30, 2003 Beginning
Oct. 1, 2003
----------------------------------------------------------------------------------------------------------------
Hourly rate:
Per hour.................... $76.00 $76.00 $80.00 $84.00 $84.00
Per quarter hour............ 19.00 19.00 20.00 21.00 21.00
Per service minimum fee..... 22.00 23.00 24.00 24.00 25.00
----------------------------------------------------------------------------------------------------------------
(1) Conducting inspections, including laboratory and facility
inspections, required to obtain permits, either to import animal
products, aquaculture products, organisms or vectors, or to maintain
compliance with import permits.
(2) Obtaining samples required to be tested, either to obtain
import permits or to ensure compliance with import permits.
(3) Providing services for imported birds or ratites that are not
subject to quarantine.
(4) Supervising the opening of in-bond shipments.
(5) Providing services for in-bond or in-transit animals to exit
the United States.
(6) Inspecting an export isolation facility and the animals in it.
(7) Supervising animal or bird rest periods prior to export.
(8) Supervising loading and unloading of animals or birds for
export shipment.
(9) Inspecting means of conveyance used to export animals or birds.
(10) Conducting inspections under part 156 of this chapter.
(11) Inspecting and approving an artificial insemination center or
a semen collection center or the animals in it.
(12) Providing other import-or export-related veterinary services
for which there is no flat rate user fee specified elsewhere in this
part.
(b) 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. 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 52694]]
----------------------------------------------------------------------------------------------------------------
Premium rate user fee--
-------------------------------------------------------------------------------
Overtime rates (outside the Oct. 1, 1999- Oct. 1, 2000- Oct. 1, 2001- Oct. 1, 2002-
employee's normal tour of duty) Sept. 30, 2000 Sept. 30, 2001 Sept. 30, 2002 Sept. 30, 2003 Beginning Oct.
1, 2003
----------------------------------------------------------------------------------------------------------------
Premium hourly rate Monday
through Saturday and holidays:
Per hour.................... $88.00 $88.00 $92.00 $96.00 $100.00
Per quarter hour............ 22.00 22.00 23.00 24.00 25.00
Premium hourly rate for Sundays:
Per hour.................... 100.00 104.00 104.00 108.00 112.00
Per quarter hour............ 25.00 26.00 26.00 27.00 28.00
----------------------------------------------------------------------------------------------------------------
(Approved by the Office of Management and Budget under control
numbers 0579-0055 and 0579-0094)
13. In Sec. 130.50, paragraph (b)(3)(ii) would be revised to read
as follows:
Sec. 130.50 Payment of user fees.
* * * * *
(b) * * *
(3) * * *
(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 Sec. 130.30(b) for each employee needed to get the
work done.
* * * * *
Done in Washington, DC, this 24th day of September 1999.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-25425 Filed 9-29-99; 8:45 am]
BILLING CODE 3410-34-P