[Federal Register Volume 65, Number 219 (Monday, November 13, 2000)]
[Proposed Rules]
[Pages 67657-67663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28973]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 65, No. 219 / Monday, November 13, 2000 / 
Proposed Rules  

[[Page 67657]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 130

[Docket No. 99-060-1]


Veterinary Services User Fees; Fees for Permit Applications

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: We are proposing to amend existing user fees for processing 
applications for permits to import and transport certain animal 
products, organisms, vectors, and germ plasm. We are also proposing to 
establish new user fees that would pay the cost of processing 
applications to import live animals. We are proposing these changes in 
order to ensure that we recover our costs.

DATES: We invite you to comment on this docket. We will consider all 
comments that we receive by January 12, 2001.

ADDRESSES: Please send your comment and three copies to: Docket No. 99-
060-1, 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. 99-060-1.
    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 dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: For information concerning program 
operations for Veterinary Services, contact Ms. Louise Lothery, 
Administrative Officer, Management Support Staff, VS, APHIS, 4700 River 
Road Unit 44, Riverdale, MD 20737-1231; (301) 734-7517.
    For information concerning rate development of the proposed user 
fees, contact Mrs. Kris Caraher, Accountant, 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 (APHIS) for the costs of providing veterinary diagnostic 
services and import- and export-related services for live animals and 
birds and animal products are contained in 9 CFR part 130. Section 
130.8 lists miscellaneous flat rate user fees.
    In this document, we are proposing to amend existing user fees for 
processing applications for permits to import or transport certain 
animal products, organisms, vectors, and germ plasm. We are also 
proposing to establish user fees to cover the cost of processing 
applications for permits to import live animals. These proposed changes 
are explained in detail below.

Fees for Processing Applications for Permits to Import Certain Animal 
Products, Organisms, Vectors, and Germ Plasm

    Currently, under the regulations in Sec. 130.8, APHIS charges flat 
rate fees for processing Veterinary Services Form 16-3, ``Application 
for Permit to Import or Transport Controlled Material or Organisms or 
Vectors.'' This form is used to apply for a permit to import materials 
derived from animals or materials that have been exposed to animal-
source materials. Materials that require a permit include animal 
tissues, blood, cells, or cell lines of livestock or poultry origin, 
RNA/DNA extracts, hormones, enzymes, monoclonal antibodies, certain 
polyclonal antibodies, antisera, bulk shipments of test kit reagents, 
and microorganisms including bacteria, viruses, protozoa, and fungi. 
Exceptions to this requirement are tissues, serum, and blood from 
primates. Various other animal materials from countries where certain 
livestock diseases exist require a permit to be imported into the 
United States. Such materials include dairy products (except butter and 
cheese), meat products (e.g., meat pies, prepared foods), and various 
animal products, including, but not limited to, hides, bones, and 
carcasses, parts, or products of certain animals that are destined for 
use as trophies.
    Also under Sec. 130.8, APHIS charges a flat fee for processing 
applications to import germ plasm. APHIS services related to inspecting 
imported germ plasm and empty germ plasm containers are charged at the 
hourly rate user fees listed in Sec. 130.30.
    The table below lists existing and proposed user fees for the 
services listed.

[[Page 67658]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          Existing user fees                                         Proposed user fee
                                    --------------------------------------------------------------------------------------------------------------------
                                                                                                                                       Beginning with
              Service                  Oct. 1, 2000- Sept.     Oct. 1, 2001- Sept.    Oct. 1, 2002- Sept.     Beginning Oct. 1,    effective date of the
                                            30, 2001                30, 2002                30, 2003                 2003           final rule for this
                                                                                                                                           action
--------------------------------------------------------------------------------------------------------------------------------------------------------
Processing a permit application to   $283.00 per             $292.00 per             $300.00 per            $309.00 per            $322.00 per
 import fetal bovine serum when       application.            application.            application.           application.           application.
 inspection of a facility is
 required.
Processing an initial permit         55.00 per load........  57.00 per load........  58.00 per load.......  60.00 per load.......  94.00 per
 application to import germ                                                                                                         application.
 plasm.\1\
Processing an amended permit         55.00 per load........  57.00 per load........  58.00 per load.......  60.00 per load.......  47.00 per
 application to import germ                                                                                                         application.
 plasm.\1\
Processing an initial permit         36.00 per application.  37.00 per application.  38.00 per application  39.00 per application  94.00 per
 application to import certain                                                                                                      application.
 animal products or import or
 transport organisms or vectors.
Processing an amended permit         15.00 per amended       15.00 per amended       16.00 per amended      16.00 per amended      47.00 per amended
 application to import certain        application.            application.            application.           application.           application.
 animal products or import or
 transport organisms or vectors.
Processing a renewed permit          19.00 per application.  20.00 per application.  21.00 per application  21.00 per application  61.00 per
 application to import certain                                                                                                      application.
 animal products or import or
 transport organisms or vectors.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Current fees for processing applications for permits to import germ plasm are not broken into fees for initial and amended applications. Under this
  proposal, different fees would be charged for processing initial and amended applications.

    On August 28, 2000, we published in the Federal Register a final 
rule (65 FR 51997-52010, Docket No. 97-058-2) that amended the user 
fees for the services listed above. When we calculated the fees 
established by that final rule, we assumed that the fees in place prior 
to the rule had been calculated to cover all the costs of providing the 
respective services. Therefore, in calculating the current fees, we 
simply added cost components for employee pay increases and additional 
costs for inflation (based on the consumer price index) to the previous 
fees.
    Since the time when we calculated the current fees, we have 
conducted an in-depth review of the basic costs of providing the 
services listed above. In that review, we found that the existing fees 
and fees previously collected for the services listed (1) 
underestimated the amount of direct labor performed by administrative 
and professional staff who are involved in the permit application 
process, and (2) do not cover overhead costs. We are, therefore, 
proposing to amend the fees accordingly as shown above. The proposed 
fees will allow us to recover all the costs associated with providing 
the services listed, including direct labor and overhead costs.

Calculation of Fees--Animal Products Permit Applications

    We began our calculation of the proposed fees by estimating future 
annual volumes of each type of application based on the average of the 
actual volumes of each type of application processed in FY's 1998 and 
1999. Those volumes are shown in the table below.

[[Page 67659]]



------------------------------------------------------------------------
                                                  Volumes
                                  --------------------------------------
                                                              Projected
                                     FY 1998      FY 1999       annual
                                                               volumes
------------------------------------------------------------------------
New applications.................        2,071        1,214        1,643
Amended applications.............          556          331          435
Renewed applications.............        2,056        1,476        1,766
------------------------------------------------------------------------

    We then estimated that the total annual cost of processing the 
projected volume of applications would be $282,000. Our estimate 
includes cost components for the salaries of employees involved in 
processing applications, along with costs of billings and collections, 
rent, equipment (such as computer technologies), agency overhead, and 
departmental charges.
    We then estimated, based on our experience processing applications, 
that processing amended and renewed applications respectively take 
approximately 50 percent and 65 percent of the time required to process 
a new application. We used the following equation to determine the 
proposed fee for a new application. In the equation, ``x'' represents 
the fee for new applications.

 
         New                           Amended                       Renewed                      Total cost
 
            1643x         +              435(.5x)        +           1766(.65x)        =            $282,000
                                                  x = 93.73753
 

We then rounded the value for ``x'' to the nearest whole dollar to 
arrive at the proposed user fee of $94.00 for a new application for a 
permit to import animal products. Since processing an amended 
application takes approximately 50 percent of the time it takes to 
process a new application, we are proposing a fee of $47.00 for amended 
applications. Finally, since processing a renewed application takes 
approximately 65 percent of the time it takes to process a new 
application, we are proposing a fee of $61.00 for renewed applications.

Calculation of Fees--Fetal Bovine Serum Permit Application

    The fee for processing a permit application to import fetal bovine 
serum when inspection of a facility is required pays the cost of 
providing two distinct APHIS services. One covers the cost of 
processing an application to import fetal bovine serum (representing 
$94.00 of the fee), and the other covers the cost of inspecting the 
facility where the fetal bovine serum will be housed (representing the 
remaining $228.00 of the fee). We determined these costs based on the 
estimated time it takes to process the applications and inspect the 
facilities. The portion of the fee covering the costs of processing an 
application is the same as that proposed for processing an application 
to import other animal products and live animals. The portion of the 
fee covering the cost of inspecting the facility where fetal bovine 
serum will be housed is based on the existing hourly rate user fee of 
$76.00 per hour that is contained in Sec. 130.30 of the regulations. We 
set this portion of the fee at $228.00 (3  x  $76.00) because 
inspections of this type of facility have averaged 3 hours in recent 
years.

Fees for Processing Applications to Import Live Animals

    Currently, APHIS uses appropriated funds to cover the costs of 
processing applications and amended applications to import live 
animals. In this document, we are proposing to establish a flat-rate 
user fee to recover these costs. APHIS currently charges flat-rate user 
fees to persons applying for permits to import animal products, 
organisms, and vectors, as well as animal semen, embryos, and ova. By 
establishing flat rate user fees for processing applications and 
amended applications for permits to import live animals, we would make 
our user fee regulations more consistent and shift the cost of paying 
for these services away from taxpayers toward the actual users of these 
services.
    Our proposed flat-rate user fees for processing these applications 
are as follows:

------------------------------------------------------------------------
                          Service                              User fee
------------------------------------------------------------------------
Processing initial application for a live animal import           $94.00
 permit....................................................
Processing application for an amended permit...............        47.00
------------------------------------------------------------------------

    The above fees are the same as those we are proposing to charge for 
processing applications for permits to import animal products, 
organisms, vectors, and germ plasm. We believe that these fees will 
adequately cover the cost of providing these services.

Calculation of Fees--Live Animal Permit Applications

    We began our calculation of the proposed fees by estimating future 
annual volumes of each type of application based on the approximate 
volumes of each type of application processed in FY 1999. In FY 1999, 
APHIS processed approximately 7,500 new applications and 1,500 amended 
applications to import live animals.
    We then estimated that the total annual cost of processing new and 
amended applications to import live animals, based on the expected 
volume of applications to be processed, would be $775,970. Our estimate 
includes cost components for the salaries of employees involved in 
processing applications, along with costs of billings and collections, 
rent, equipment (such as computer technologies), agency overhead, and 
departmental charges.
    We then estimated, based on our experience processing applications, 
that it takes approximately half as much time to process an amended 
application as it takes to process a new application. Given these 
estimates, we used the following equation to determine the proposed fee 
for a new application. In the equation, ``x'' represents the fee for a 
new application.

 
        New                       Amended                  Total cost
 
           7500x       +           1500(.5x)      =          $775,970
                               x = 94.0569
 


[[Page 67660]]

    We then rounded the value for ``x'' to the nearest whole dollar to 
arrive at the proposed user fee of $94.00 for a new application for a 
permit to import live animals. Since processing an amended application 
takes approximately half the time it takes to process a new 
application, we are proposing a fee of $47.00 for amended applications.
    All of the proposed fees described in this document would be 
located in a new Sec. 130.4, and the current fees would be removed from 
Sec. 130.8. We also would move the fees for import compliance 
assistance that are currently contained in Sec. 130.8 to the new 
Sec. 130.4 because those fees are directly associated with the 
importation of animals and animal products. Import compliance 
assistance fees are charged to persons who need additional assistance 
from an APHIS headquarters veterinarian in order to facilitate the 
processing or completion of particular importations of animals or 
animal products.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The 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.
    In accordance with 5 U.S.C. 603, we have performed an initial 
regulatory flexibility analysis, which is set out below, regarding the 
economic effects of this proposed rule on small entities. Based on the 
information we have, there is no basis to conclude that this rule will 
result in any significant economic effect on a substantial number of 
small entities. However, we do not currently have all of the data 
necessary for a comprehensive analysis of the effects of this proposed 
rule on small entities. Therefore, we are inviting comments on 
potential effects.
    User fees to reimburse APHIS for the costs of providing veterinary 
diagnostic services and import- and export-related services for live 
animals and birds and animal products are contained in 9 CFR part 130. 
Section 130.8 lists the user fees APHIS charges for processing 
applications for permits to import germ plasm and to import or 
transport certain animal products, organisms, and vectors.
    We are proposing to amend existing user fees for processing 
applications for permits to import and transport certain animal 
products, organisms, vectors, and germ plasm. We are also proposing to 
establish new user fees that would pay the cost of processing 
applications to import live animals. We are proposing these changes in 
order to ensure that we recover our costs.

User Fees for the Importation of Germ Plasm

    APHIS currently charges a fee of $55.00 for processing applications 
to import germ plasm. This proposed rule would establish two separate 
fees: One for processing initial applications for permits, and one for 
processing amended applications. The fee for processing each new permit 
application would be $94.00, and the fee for processing each amended 
permit application would be $47.00.
    The effect of the proposal would be to increase revenues for APHIS, 
since the fees for new applications would exceed the existing fee of 
$55.00. At a minimum, importers would be charged $47.00 for applying 
for an amended permit.
    In FY 1999, APHIS processed 448 applications for permits to import 
germ plasm (semen and embryos), generating total revenues of $17,696. 
We estimate that 90 of those applications represent amended 
applications, and the rest represent new applications.
    Had the proposed fee schedule been in effect during FY 1999 \2\, 
APHIS would have generated approximately $37,882 from processing those 
applications, an increase of $20,186 over actual revenues for that 
year. Further, as a result of increased world trade, it is likely that 
APHIS' annual revenues from processing product applications would 
increase over time.
---------------------------------------------------------------------------

    \2\ For FY 1999, fees for processing applications for permits to 
import germ plasm were set at $39.50. Data on fee receipts based on 
current fees, which are effective October 1, 2000, are not 
available.
---------------------------------------------------------------------------

    The number of different entities that submitted applications in FY 
1999 and the number of applications submitted by each are not 
available. However, because approximately 90 entities submitted amended 
applications during the year, we know that the number of different 
entities is significantly less than the total application count of 448. 
The economic effect on individual entities would vary, depending on the 
size of the entity and the number of permits required. For an entity 
that requires only a few permits each year, as is likely to be the case 
with the smaller entities that are affected, the proposed fees are not 
likely to have a significant economic impact. However, even an entity 
that requires a large number of permits might not be significantly 
affected if it is large enough to easily absorb the increased fees.

User Fees for Processing Applications for Permits to Import Animal 
Products

    APHIS currently charges applicants a fee for processing their 
applications for permits to import animal products (including 
byproducts, organisms, and vectors). The fees vary, depending on such 
factors as the type of application and the type of product.
    Under the proposal, all fees would be increased from their current 
levels, as shown earlier in this document.
    The proposed fee amounts have been set so as to allow APHIS to 
recover the full costs of processing the applications. The current fee 
levels do not allow for full cost recovery, especially given the 
additional staffing needed to provide applicants with a quick 
turnaround of their permit requests.
    In FY 1999, APHIS processed 2,575 applications for permits to 
import animal products. Of that total, 2 were fetal bovine serum (with 
facility inspection) applications, 856 were initial applications to 
import animal products or import or transport organisms or vectors, 241 
were amended applications, and 1,476 were renewed applications.
    APHIS generated revenues of $48,868.50 from processing the 2,575 
applications in FY 1999.\3\ Had the proposed fee schedule been in 
effect during FY 1999, APHIS would have generated $182,351 from 
processing those applications, an increase of $133,482.50 over actual 
revenues for that year. Further, as a result of increased world trade, 
it is likely that APHIS' annual revenues from processing product 
applications would increase over time.
---------------------------------------------------------------------------

    \3\ The current user fees for this service were made effective 
October 1, 2000. The revenues collected in 1999 are based on 
collections of the fees that were in place during FY 1999.
---------------------------------------------------------------------------

    The number of different entities that submitted applications in FY 
1999 and the number of applications submitted by each are not 
available. However, because 241 entities submitted amended applications 
and 1,476 entities submitted renewed applications during the year, we 
know that the number of different entities is significantly less than 
the total application count of 2,575. The economic effect on individual 
entities would vary, depending on the size of the entity and the number 
of permits required. For an entity that requires only a few permits 
each year, as is likely to be the case with the smaller entities that 
are affected, the proposed fees are not likely to have a significant 
economic impact. However, even an entity that requires a large number 
of permits might not be

[[Page 67661]]

significantly affected if it is large enough to easily absorb the 
increased fees.

User Fees for Processing Applications for Permits to Import Animals

    Under APHIS' rules, importers must, under certain circumstances, 
apply for and obtain an import permit from the agency prior to 
importing live animals.\4\ Currently, APHIS does not charge applicants 
a fee for processing their permit applications.
---------------------------------------------------------------------------

    \4\ Whether or not an importer is required to obtain a permit 
from APHIS depends on several factors, including the type of animal 
to be imported and the country of export. The rules are designed to 
protect the health of the U.S. animal population, since such imports 
pose a risk of introducing animal diseases.
---------------------------------------------------------------------------

    Under the proposed rule, APHIS would charge applicants $94.00 for 
each new application, and $47.00 for each amended application to import 
live animals. The proposed rule is designed to shift the cost of 
processing the applications from the general taxpayer (via appropriated 
funds) to the users of those services, i.e., the permit applicants. The 
proposed rule would also serve to remove an existing inequity, since 
APHIS currently charges applicants a fee for processing their 
applications for permits to import animal products and germ plasm.
    In FY 1999, APHIS processed approximately 9,000 applications for 
permits to import animals. Of that total, approximately 7,500 were 
initial applications and 1,500 were amended applications. Had the 
proposed fee schedule been in effect during FY 1999, APHIS would have 
generated additional revenues of $775,500 from processing those 
applications. Further, as a result of increased world trade, it is 
likely that APHIS' annual revenues from processing applications for 
permits to import live animals will increase over time.
    The number of different entities that submitted applications in FY 
1999 and the number of applications submitted by each are not 
available. However, because some entities submitted amended 
applications and some entities submitted more than one new application 
during the year, we know that the number of different entities is less 
than the total application count of 9,000.
    Data on the types of entities who submit applications is not 
available, but they are believed to be varied, and include breeders, 
commercial researchers, universities, zoos, and private individuals. At 
least some of the commercial entity applicants are believed to be 
brokers acting on behalf of their client customers. Even though they do 
not submit permit applications to APHIS, the client customers of 
brokers are likely to be affected by this proposed rule, since the 
application fees incurred by the brokers are likely to be passed on to 
them. The economic effect on individual entities would vary, depending 
on the size of the entity and the number of permits required. For an 
entity that requires only a few permits each year, as is likely to be 
the case with the smaller entities that are affected, the proposed fees 
are not likely to have a significant economic effect. However, even an 
entity that requires a large number of permits might not be 
significantly affected, if it is large enough to easily absorb the 
proposed fees.

Effects on Small Entities

    The Regulatory Flexibility Act (RFA) requires that agencies 
consider the economic effects of their rules on small entities, i.e., 
small businesses, organizations, and governmental jurisdictions. The 
proposed changes discussed above would affect those entities in the 
United States that import live animals, animal products, and germ 
plasm. They would be affected because they would have to pay new fees, 
or higher fees, to have APHIS process their permit applications and, 
when required, inspect their facilities or products.
    The types of entities that may be affected vary widely, and include 
breeders, commercial researchers, universities, zoos, and private 
individuals. At least some of the commercial entities are likely to be 
brokers acting on behalf of their client customers. Even though they 
themselves do not submit permit applications to APHIS, the client 
customers of brokers would be affected by the proposed changes if the 
increased fees incurred by the brokers are passed on to them.
    The number of different entities that would be affected by the 
proposed changes, if they are adopted, and the extent of the effect on 
each, is unknown. In FY 1999, APHIS processed approximately 12,023 live 
animal, animal product, and germ plasm permit applications, but that 
figure overstates the number of affected entities, because some 
entities submitted more than one application during the year. 
Furthermore, the total application count of 12,023 includes an unknown 
number of private individuals in the United States who import live 
animals, animal products or germ plasm for nonbusiness reasons. These 
private individuals are not ``entities'' for purposes of this 
regulatory flexibility analysis.
    It is reasonable to assume that most businesses affected by this 
proposed rule are small in size. This is because most U.S. businesses 
in general are small, based on the standards of the U.S. Small Business 
Administration (SBA). In 1996, for example, there were 1,197 U.S. firms 
in SIC 0751, a classification comprised of firms primarily engaged in 
performing certain services, including breeding, for cattle, hogs, 
sheep, goats, and poultry. Of those 1,197 firms, 97 percent had less 
than $5.0 million in sales that year, the SBA's small entity threshold. 
Similarly, in 1996, there were 7,408 U.S. firms in SIC 0752, a 
classification comprised of firms primarily engaged in performing 
certain services for pets, equines, and other animal specialties, 
including breeding services. Of those 7,408 firms, over 99 percent had 
less than $5.0 million in sales that year, the SBA's small entity 
threshold for firms in that SIC category. Accordingly, most of the 
businesses affected by this proposed rule are likely to be small in 
size.
    The potential economic effect on individual entities would vary, 
depending on the number of permits required by each. For an entity that 
requires only a few permits each year, as is likely to be the case with 
the smaller entities that are affected, the proposed fees are not 
likely to have a significant economic effect. For an entity that 
submits five new live animal applications per year, the additional 
annual cost would be $470.

Alternatives Considered

    One alternative to this proposed rule would be to make no changes 
to the user fee regulations. We rejected this alternative for several 
reasons. First, it would not allow us to recover the full cost of 
providing the import services for which user fees have already been 
established, i.e., the germ plasm and animal product services. APHIS 
cannot charge user fees that recover less than the full cost of 
providing the service. Second, it would not allow us to shift the cost 
of providing live animal import services from the general taxpayer to 
the user of those services. (This shifting also serves to remove an 
existing inequity, since APHIS currently charges a fee for providing 
animal product and germ plasm import services.)
    Another alternative would be to either exempt small businesses from 
the user fees or establish a different user fee structure for small 
businesses. This alternative was also rejected, because APHIS cannot 
exempt certain classes of users, such as small businesses. Nor, as 
indicated above, can APHIS charge user fees that recover less than the 
full cost of providing the service.

[[Page 67662]]

    This proposed rule contains information collection requirements, 
which have been submitted for approval to the Office of Management and 
Budget (see ``Paperwork Reduction Act'' below).

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

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this proposed rule have been 
submitted for approval to the Office of Management and Budget (OMB). 
Please send written comments to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington, 
DC 20503. Please state that your comments refer to Docket No. 99-060-1. 
Please send a copy of your comments to: (1) Docket No. 99-060-1, 
Regulatory Analysis and Development, PPD, APHIS, suite 3C03, 4700 River 
Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance Officer, 
OCIO, USDA, room 404-W, 14th Street and Independence Avenue, SW., 
Washington, DC 20250. A comment to OMB is best assured of having its 
full effect if OMB receives it within 30 days of publication of this 
proposed rule.
    In this document, we are proposing to amend existing user fees for 
processing applications for permits to import and transport certain 
animal products, organisms, vectors, and germ plasm. We are also 
proposing to establish new user fees that would pay the cost of 
processing applications to import live animals. We are proposing these 
changes in order to ensure that we recover our costs.
    We are soliciting comments from the public (as well as affected 
agencies) concerning our proposed information collection and 
recordkeeping requirements. These comments will help us:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of our agency's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average .0166 hours per response.
    Respondents: Importers and brokers of live animals, animal 
products, germ plasm, organisms, and vectors.
    Estimated annual number of respondents: 8100.
    Estimated annual number of responses per respondent: 1.111.
    Estimated annual number of responses: 9000.
    Estimated total annual burden on respondents: 149.4 hours.
    Copies of this information collection can be obtained from: Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
734-7477.

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 continue 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 371.4.

    2. Section 130.4 would be added to read as follows:


Sec. 130.4  User fees for processing import permit applications.

    User fees for processing applications for permits to import certain 
animals and animal products (using VS forms 16-3 and 17-129) are listed 
in the table below. 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
                                                             ---------------------------------------------------
                                                               Effective
               Service                         Unit             Date of      Oct. 1,      Oct. 1,     Beginning
                                                              final rule-- 2001- Sept.  2002- Sept.    Oct. 1,
                                                               Sept. 30,     30, 2002     30, 2003       2003
                                                                  2001
----------------------------------------------------------------------------------------------------------------
Import compliance assistance:
    Simple (2 hours or less)........  per release...........        64.00        66.00        68.00        70.00
    Complicated (more than 2 hours).  per release...........       164.00       169.00       174.00       180.00
Processing an application for a
 permit to import live animals,
 animal products or byproducts,
 organisms, vectors, or germ plasm
 (embryos or semen) or to transport
 organisms or vectors.\1\
    Initial permit..................  per application.......        94.00        94.00        94.00        94.00
    Amended permit..................  per amended                   47.00        47.00        47.00        47.00
                                       application.
    Renewed permit \2\..............  per application.......        61.00        61.00        61.00        61.00
Processing an application for a       per application.......       322.00       322.00       322.00      322.00
 permit to import fetal bovine serum
 when facility inspection is
 required.
----------------------------------------------------------------------------------------------------------------
\1\ Using Veterinary Services Form 16-3, ``Application for Permit to Import or Transport Controlled Material or
  Organisms or Vectors,'' or Form 17-129, ``Application for Import or In Transit Permit (Animals, Animal Semen,
  Animal Embryos, Birds, Poultry, or Hatching Eggs).''
\2\ Permits to import germ plasm and live animals are not renewable.


[[Page 67663]]

Sec. 130.8  [Amended]

    3. In Sec. 130.8(a), the table would be amended by removing the 
entries for ``Germ plasm being imported'' (including footnote 2), 
``Import compliance assistance'', and ``Processing VS Form 16-3''.

    Done in Washington, DC, this 20th day of October 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-28973 Filed 11-9-00; 8:45 am]
BILLING CODE 3410-34-U