[Federal Register Volume 67, Number 170 (Tuesday, September 3, 2002)]
[Rules and Regulations]
[Pages 56217-56218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22313]



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 Rules and Regulations
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  Federal Register / Vol. 67, No. 170 / Tuesday, September 3, 2002 / 
Rules and Regulations  

[[Page 56217]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 354

[Docket No. 02-085-1]


AQI User Fees: Extension of Current Fees Beyond Fiscal Year 2002

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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

SUMMARY: We are amending the user fee regulations to ensure that fiscal 
year 2002 user fee rates remain in effect beyond fiscal year 2002 until 
the fees are revised. In a final rule published in the Federal Register 
on November 16, 1999, we amended the regulations by adjusting the fees 
charged for certain agricultural quarantine and inspection services we 
provide in connection with certain commercial vessels, commercial 
trucks, commercial railroad cars, commercial aircraft, and 
international airline passengers arriving at ports in the customs 
territory of the United States. We should have stated that the fees for 
fiscal year 2002 would remain in effect until changed by further 
rulemaking; instead, we indicated that the fees would remain in effect 
through September 30, 2002. This interim rule will extend existing user 
fee rates and continue to allow the collection of the fees beyond that 
date.

DATES: This interim rule is effective September 3, 2002. We will 
consider all comments that we receive on or before November 4, 2002.

ADDRESSES: You may submit comments by postal mail/commercial delivery 
or by e-mail. If you use postal mail/commercial delivery, please send 
four copies of your comment (an original and three copies) to: Docket 
No. 02-085-1, Regulatory Analysis and Development, PPD, APHIS, Station 
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. 02-085-1. If you use e-mail, 
address your comment to [email protected]. Your comment must 
be contained in the body of your message; do not send attached files. 
Please include your name and address in your message and ``Docket No. 
02-085-1'' on the subject line.
    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, contact Mr. Jim Smith, Assistant Director, Port Operations, 
Plant Health Programs, PPQ, APHIS, 4700 River Road Unit 60, Riverdale, 
MD 20737-1236; (301) 734-8295. For information concerning rate 
development, contact Ms. Donna Ford, PPQ User Fees Section Head, FMD, 
MRPBS, APHIS, 4700 River Road Unit 54, Riverdale, MD 20737-1232, (301) 
734-5901.

SUPPLEMENTARY INFORMATION:   

Background

    Section 2509(a) of the Food, Agriculture, Conservation, and Trade 
Act of 1990 (21 U.S.C. 136a), referred to below as the FACT Act, 
authorizes the Animal and Plant Health Inspection Service (APHIS) to 
collect user fees for agricultural quarantine and inspection (AQI) 
services. The FACT Act was amended by section 917 of the Federal 
Agricultural Improvement and Reform Act of 1996 (Pub. L. 104-127), on 
April 4, 1996.
    The FACT Act, as amended, authorizes APHIS to collect user fees for 
providing AQI services in connection with the arrival at a port in the 
customs territory of the United States, or the preclearance or 
preinspection at a site outside the customs territory of the United 
States, of:
     Commercial vessels,
     Commercial trucks,
     Commercial railroad cars,
     Commercial aircraft, and
     International airline passengers.
    According to the FACT Act, as amended, these user fees should 
recover the costs of:
     Providing the AQI services listed above,
     Administering the user fee program, and
     Until September 30, 2002, maintaining a reasonable balance 
in the Agricultural Quarantine Inspection User Fee Account (AQI 
account).
    On November 16, 1999, we published in the Federal Register (64 FR 
62089-62096, Docket No. 98-073-2) a final rule amending the user fee 
regulations in Sec. 354.3 by adjusting the fees charged for certain AQI 
services we provide in connection with certain commercial vessels, 
commercial trucks, commercial railroad cars, commercial aircraft, and 
international airline passengers arriving at ports in the customs 
territory of the United States. We should have stated that the fees for 
fiscal year (FY) 2002 would remain in effect until changed by further 
rulemaking; instead, we indicated that the fees would remain in effect 
through September 30, 2002. In order to recover our costs for providing 
AQI services after that date, we need to continue to collect user fees.
    Therefore, we are amending the AQI user fee regulations in 
Sec. 354.3 to ensure that FY 2002 user fee rates remain in effect 
beyond FY 2002 until the fees are revised. This interim rule will 
extend existing user fee rates and continue to allow the collection of 
the fees beyond September 30, 2002. Collection of these fees is 
necessary for the continuance of specific border inspection activities 
that are essential to protect U.S. agriculture from plant and animal 
disease and pest threats.

Immediate Action

    Immediate action is necessary to continue to allow the collection 
of AQI user fees beyond September 30, 2002. Under these circumstances, 
the Administrator has determined that prior notice and opportunity for 
public comment are contrary to the public interest and that there is 
good cause

[[Page 56218]]

under 5 U.S.C. 553 for making this action effective less than 30 days 
after publication in the Federal Register.
    We will consider comments we receive during the comment period for 
this interim rule (see DATES above). After the comment period closes, 
we will publish another document in the Federal Register. The document 
will include a discussion of any comments we receive and any amendments 
we are making to the rule.

Executive Order 12866 and Regulatory Flexibility Act

    This 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.
    This interim rule amends the AQI user fee regulations to ensure 
that current fees remain in effect until adjusted through further 
rulemaking.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 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.)

Executive Order 12988

    This 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 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 7 CFR Part 354

    Exports, Government employees, Imports, Plant diseases and pests, 
Quarantine, Reporting and recordkeeping requirements, Travel and 
transportation expenses.

    Accordingly, 7 CFR part 354 is amended as follows:

PART 354--OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND 
USER FEES

    1. The authority citation for part 354 is revised to read as 
follows:

    Authority: 7 U.S.C. 2260; 21 U.S.C. 136 and 136a; 49 U.S.C. 
80503; 7 CFR 2.22, 2.80, and 371.3.

    2. Section 354.3 is amended by revising the tables in paragraphs 
(b)(1), (c)(1), (d)(1), (e)(1), and (f)(1) to read as follows:


Sec. 354.3  User fees for certain international services.

* * * * *
    (b) * * *
    (1) * * *

------------------------------------------------------------------------
                        Effective dates                          Amount
------------------------------------------------------------------------
January 1, 2000 through September 30, 2000....................    465.50
October 1, 2000 through September 30, 2001....................    474.50
October 1, 2001...............................................    480.50
------------------------------------------------------------------------

* * * * *
    (c) * * *
    (1) * * *

------------------------------------------------------------------------
                        Effective dates                          Amount
------------------------------------------------------------------------
January 1, 2000 through September 30, 2000....................      4.25
October 1, 2000 through September 30, 2001....................      4.50
October 1, 2001...............................................      4.75
------------------------------------------------------------------------

* * * * *
    (d) * * *
    (1) * * *

------------------------------------------------------------------------
                        Effective dates                          Amount
------------------------------------------------------------------------
January 1, 2000 through September 30, 2000....................      6.75
October 1, 2000 through September 30, 2001....................      7.00
October 1, 2001...............................................      7.00
------------------------------------------------------------------------

* * * * *
    (e) * * *
    (1) * * *

------------------------------------------------------------------------
                        Effective dates                          Amount
------------------------------------------------------------------------
January 1, 2000 through September 30, 2000....................     64.00
October 1, 2000 through September 30, 2001....................     64.75
October 1, 2001...............................................     65.25
------------------------------------------------------------------------

* * * * *
    (f) * * *
    (1) * * *

------------------------------------------------------------------------
                      Effective dates \1\                        Amount
------------------------------------------------------------------------
January 1, 2000 through September 30, 2000....................      3.00
October 1, 2000 through September 30, 2001....................      3.00
October 1, 2001...............................................     3.10
------------------------------------------------------------------------
\1\ Persons who issue international airline tickets or travel documents
  are responsible for collecting the APHIS international airline
  passenger user fee from ticket purchasers. Issuers must collect the
  fee applicable at the time tickets are sold. In the event that ticket
  sellers do not collect the APHIS user fee when tickets are sold, the
  air carrier must collect the user fee from the passenger upon
  departure. Carriers must collect the fee applicable at the time of
  departure from the traveler.

* * * * *

    Done in Washington, DC, this 27th day of August, 2002.
Richard L. Dunkle,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-22313 Filed 8-30-02; 8:45 am]
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