[Federal Register Volume 64, Number 232 (Friday, December 3, 1999)]
[Rules and Regulations]
[Pages 67699-67700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31370]



[[Page 67699]]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 130

[Docket No. 98-004-1]


Veterinary Services User Fees

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are making miscellaneous, nonsubstantive changes to the 
Veterinary Services user fee regulations. We are clarifying wording in 
the regulations to make the user fee regulations easier to understand 
and follow. We are also combining all pet bird user fees into one 
section in order to make them easier to find and consistently apply. 
These changes will make it easier to look up user fee rates and related 
information.

EFFECTIVE DATE: November 29, 1999.

FOR FURTHER INFORMATION CONTACT: For information concerning program 
operations for Veterinary Services, contact Ms. Louise Lothery, 
Director, Management Support Staff, VS, APHIS, 4700 River Road Unit 44, 
Riverdale, MD 20737-1231; (301) 734-7517.
    For information concerning 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

    The regulations in 9 CFR part 130 (referred to below as the 
regulations) specify user fees for services provided by the Animal and 
Plant Health Inspection Service (APHIS) for animals and birds, animal 
products, germ plasm, and organisms and vectors. We have reviewed the 
regulations and found some obsolete, redundant, and confusing items. We 
are updating and clarifying the regulations as explained below to 
resolve these problems. These editorial changes will not change the 
user fee rates.

Animal Quarantine Facilities

    Section 130.2 of the regulations lists the user fees which must be 
paid for each animal or bird quarantined in an APHIS-owned or -operated 
animal import center or other quarantine facility. The current title, 
``User fees for individual animals and certain birds quarantined in 
APHIS Animal Import Centers,'' implies that our charges are limited to 
those quarantine facilities specifically defined as animal import 
centers in 9 CFR 130.1. In order to clarify that APHIS' user fees apply 
at all APHIS-owned or -supervised animal quarantine facilities, we are 
changing the title of Sec. 130.2 to ``User fees for individual animals 
and certain birds quarantined in APHIS-owned or -operated animal 
quarantine facilities, including APHIS Animal Import Centers.''

User Fees Along the United States-Mexico Border

    Section 130.6 of the regulations lists user fees for import or 
entry services for live animals at land border ports along the United 
States-Mexico border. The categories for the different types of live 
animals are: feeder; slaughter; horses, other than slaughter; in-bond 
or in transit; and any ruminants not covered by the other categories 
listed. There has been some confusion among persons who receive 
services as to which category applies to breeder ruminants, such as 
breeding cattle. Breeder ruminants fall under the category of ``Any 
ruminants not covered above.'' To clarify this, we are amending 
Sec. 130.6 by specifically adding breeder ruminants in the category of 
any ruminant not covered by the other categories listed.

Pet Bird User Fees

    Section 130.8 of the regulations lists user fees for services that 
are not specifically addressed elsewhere in part 130. This list 
includes fees for pet birds, except pet birds of U.S. origin entering 
the United States from Canada. Section 130.10 lists the user fees for 
pet birds quarantined in APHIS-owned or -supervised quarantine 
facilities. We are consolidating all pet bird user fees into 
Sec. 130.10. Moving the fees pertaining to pet birds from Sec. 130.8 
into Sec. 130.10 will make it easier to find all the pet bird user 
fees. We are also changing the title of Sec. 130.10 to ``User fees for 
pet birds.''

Endorsing Export Health Certificates

    Section 130.20 of the regulations lists the user fees we charge for 
endorsing export health certificates. The section currently lists user 
fees for endorsing certificates for various animals and animal 
products. It also has a user fee for ``Other endorsements or 
certifications.'' There has been confusion as to which user fee applies 
for certifications for nonanimal products. For example, if requested, 
we endorse export health certificates for grain shipments to certify 
that the grain shipments are free from specified diseases. We currently 
charge the same user fee--the ``Animal products'' fee--for endorsing an 
export health certificate for a nonanimal product as we do for 
endorsing a certificate for an animal product. Therefore, we are 
amending Sec. 130.20 to clarify this by changing the user fee category 
``Animal products'' to read ``Animal and nonanimal products.''
    The user fees listed in Sec. 130.20 are broken down into two 
categories. In Sec. 130.20, paragraph (a) lists user fees for endorsing 
export health certificates that do not require verification of tests or 
vaccinations; Sec. 301.20(b)(1) lists user fees for endorsing export 
health certificates that do require verification of tests or 
vaccinations. Among the user fees listed in Sec. 130.20(a) is a fee for 
endorsing export health certificates for ``nonslaughter horses to 
Canada.'' Nonslaughter horses being moved to Canada require only one 
test. However, that test needs to be verified. Therefore, we are 
amending Sec. 130.20 to move the user fee for ``nonslaughter horses to 
Canada'' from Sec. 130.20(a) to Sec. 130.20(b)(1).

Miscellaneous

    We are also making other miscellaneous, nonsubstantive changes 
throughout part 130 that will make it easier to look up user fee rates 
and related information.

Effective Date

    This rule makes nonsubstantive changes to the Veterinary Services 
user fee regulations for clarity and consistency. Because the changes 
contained in this rule are nonsubstantive in nature, notice and other 
public procedure on this rule are unnecessary and contrary to the 
public interest. Therefore, pursuant to 5 U.S.C. 553, notice of 
proposed rulemaking and opportunity to comment are not required, and 
this rule may be made effective less than 30 days after publication in 
the Federal Register. Further, since this rule does not make a 
substantive change in the regulations, it is exempt from the provisions 
of Executive Orders 12866 and 12988. Finally, this action is not a rule 
as defined by the Regulatory Flexibility Act (5 U.S.C. 601) and, thus, 
is exempt from the provisions of that Act.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

[[Page 67700]]

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 no 
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 continues 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. 130.2, the section heading is revised to read as 
follows:


Sec. 130.2  User fees for individual animals and certain birds 
quarantined in APHIS-owned or -operated animal quarantine facilities, 
including APHIS Animal Import Centers.

* * * * *
    3. In Sec. 130.6, in the table in paragraph (a), the entry for 
``Any ruminants not covered above'' is revised to read as follows:


Sec. 130.6  User fees for import or entry services for live animals at 
land border ports along the United States-Mexico border.

    (a) * * *

------------------------------------------------------------------------
                                                               User fee
                    Type of live animal                       (per head)
------------------------------------------------------------------------
 
                *        *        *           *        *
Any ruminants (including breeder ruminants) not covered             6.00
 above.....................................................
------------------------------------------------------------------------

* * * * *


Sec. 130.8  [Amended]

    4. In Sec. 130.8, the table in paragraph (a) is amended by removing 
the entire entry for pet birds.
    5. Section 130.10 is amended as follows:
    a. The section heading is revised to read as set forth below.
    b. Paragraphs (a) through (c) are redesignated as paragraphs (b) 
through (d), respectively.
    c. A new paragraph (a) is added to read as set forth below.
    d. Footnote 4 in the redesignated paragraph (b) is removed.


Sec. 130.10  User fees for pet birds.

    (a) User fees for pet birds of U.S. origin returning to the United 
States, except pet birds of U.S. origin returning from Canada, are as 
follows:
    (1) $71.25 per lot if the birds have been out of the United States 
for 60 days or less;
    (2) $169.75 per lot if the birds have been out of the United States 
for more than 60 days.
* * * * *


Sec. 130.14  [Amended]

    6. In Sec. 130.14, footnote 5 is redesignated as footnote 4.
    7. Section 130.20 is amended as follows:
    a. In paragraph (a), footnote 6 is redesignated as footnote 5.
    b. In paragraph (a), the table is revised to read.
    c. In paragraph (b)(1), the table is revised to read as follows:


Sec. 130.20  User fees for endorsing export health certificates.

    (a) * * *

------------------------------------------------------------------------
                   Certificate categories                      User fee
------------------------------------------------------------------------
Slaughter animals (except poultry) moving to Canada or            $24.50
 Mexico....................................................
Poultry, including slaughter poultry.......................        21.00
Hatching eggs..............................................        21.00
Animal and nonanimal products..............................        21.50
Other endorsements or certifications.......................        16.50
------------------------------------------------------------------------

    (b)(1) * * *

------------------------------------------------------------------------
                                        Animals or birds on
    Number of tests/vaccinations            certificate         User fee
------------------------------------------------------------------------
1-2.................................  Nonslaughter horses to      $26.25
                                       Canada.
                                      Other animals or birds:
                                        First animal.........      52.50
                                        Each additional             3.00
                                       animal.
3-6.................................  First animal...........      64.75
                                      Each additional animal.       5.00
7 or more...........................  First animal...........      75.75
                                      Each additional animal.       6.00
------------------------------------------------------------------------

* * * * *


Sec. 130.50  [Amended]

    8. In Sec. 130.50, paragraph (b)(3)(i), in the table, the first 
entry is amended by adding the words ``or 7 CFR 354.3'' immediately 
after ``Sec. 97.1(a)''.

    Done in Washington, DC, this 29th day of November 1999.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-31370 Filed 12-2-99; 8:45 am]
BILLING CODE 3410-34-P