[Federal Register Volume 67, Number 204 (Tuesday, October 22, 2002)]
[Notices]
[Pages 64863-64868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26815]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. 02-094-1]


Fiscal Year 2003 Reimbursable Overtime Charges and Veterinary 
Services User Fees

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: This notice pertains to reimbursable overtime charged for 
Sunday, holiday, or other overtime work performed by employees of the 
Animal and Plant Health Inspection Service in connection with the 
inspection, laboratory testing, certification, or quarantine of certain 
articles and to user fees for import- and export-related services that 
we provide for animals, animal products, birds, germ plasm, organisms, 
and vectors. The purpose of this notice is to remind the public of the 
reimbursable overtime charges and user fees for fiscal year 2003 
(October 1, 2002, through September 30, 2003).

FOR FURTHER INFORMATION CONTACT: For information concerning 
Agricultural Quarantine and Inspection program operations, contact Mr. 
Colonel Locklear, Senior Staff Officer, PPQ, APHIS, 4700 River Road 
Unit 60, Riverdale, MD 20737-1236; (301) 734-8372.
    For information concerning Veterinary Services program operations, 
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.
    For information concerning reimbursable overtime rate and user fee 
development, contact Ms. Kris Caraher, Accountant, User Fees Section, 
FSSB, FMD, MRP-BS, APHIS, 4700 River Road Unit 54, Riverdale, MD 20737-
1232; (301) 734-8351.

SUPPLEMENTARY INFORMATION:

Reimbursable Overtime Charges

    The regulations in 7 CFR chapter III and 9 CFR chapter I, 
subchapters D and G, require inspection, laboratory testing, 
certification, or quarantine of certain animals, poultry, animal 
byproducts, germ plasm, organisms, vectors, plants, plant products, or 
other regulated commodities or articles intended for importation into, 
or exportation from, the United States. With some exceptions, when 
these services must be provided by an Animal and Plant Health 
Inspection Service (APHIS) employee on a Sunday or on a holiday, or at 
any other time outside the APHIS employee's regular duty hours, the 
Government charges an hourly overtime fee for the services in 
accordance with 7 CFR part 354 and 9 CFR part 97.
    In a final rule published in the Federal Register on July 25, 2002 
(67 FR 48519-48525, Docket No. 00-087-2), and effective August 11, 
2002, we established, for fiscal years 2002 through 2006 and beyond, 
reimbursable overtime rates for Sunday, holiday, or other overtime work 
performed by APHIS employees for any person, firm, or corporation 
having ownership, custody, or control of animals, poultry, animal 
byproducts, germ plasm, organisms, vectors, plants, plant products, or 
other regulated commodities or articles subject to inspection, 
laboratory testing, certification, or quarantine. In this document we 
are providing notice to the public of the reimbursable overtime fees 
for fiscal year 2003 (October 1, 2002, through September 30, 2003).
    Under the regulations in 7 CFR 354.1(a) and 9 CFR 97.1(a), any 
person, firm, or corporation having ownership, custody, or control of 
plants, plant products, animals, animal byproducts, or other 
commodities or articles subject to inspection, laboratory testing, 
certification, or quarantine who requires the services of an APHIS 
employee on a Sunday or holiday, or at any other time outside the 
regular tour of duty of that employee, shall sufficiently in advance of 
the period of Sunday, holiday, or overtime service request the APHIS 
inspector in charge to furnish the service during the overtime or 
Sunday or holiday period, and shall, for fiscal year 2003, pay the 
Government at the rate listed in the following table:

------------------------------------------------------------------------
     Overtime for inspection, laboratory testing, certification, or
 quarantine of plants, plant products, animals, animal products or other
                          regulated commodities
-------------------------------------------------------------------------
                                                         Overtime rates
                                                        (per hour) Oct.
      Outside the employee's normal tour of duty       1, 2002-Sept. 30,
                                                              2003
------------------------------------------------------------------------
Monday through Saturday and holidays.................             $46.00
Sundays..............................................              61.00
------------------------------------------------------------------------

    As specified in 7 CFR 354.1(a)(1)(iii) and 9 CFR 97.1(a)(3), the 
overtime rates

[[Page 64864]]

to be charged in fiscal year 2003 to owners or operators of aircraft at 
airports of entry or other places of inspection as a consequence of the 
operation of the aircraft, for work performed outside of the regularly 
established hours of service will be as follows:

------------------------------------------------------------------------
         Overtime for commercial airline inspection services \1\
-------------------------------------------------------------------------
                                                         Overtime rates
                                                        (per hour) Oct.
      Outside the employee's normal tour of duty       1, 2002-Sept. 30,
                                                              2003
------------------------------------------------------------------------
Monday through Saturday and holidays.................             $37.00
Sundays..............................................             49.00
------------------------------------------------------------------------
\1\ These charges exclude administrative overhead costs.

    A minimum charge of 2 hours shall be made for any Sunday or holiday 
or unscheduled overtime duty performed by an employee on a day when no 
work was scheduled for him or her, or which is performed by an employee 
on his or her regular workday beginning either at least 1 hour before 
his or her scheduled tour of duty or which is not in direct 
continuation of the employee's regular tour of duty. In addition, each 
such period of Sunday or holiday or unscheduled overtime work to which 
the 2-hour minimum charge provision applies may include a commuted 
traveltime period (see 7 CFR 354.1(a)(2) and 9 CFR 97.1(b)).

User Fees for Import- and Export-Related Veterinary Services

    APHIS charges user fees for import- and export-related veterinary 
services. The regulations in 9 CFR part 130 list user fees for import- 
and export-related services provided by APHIS for animals, animal 
products, birds, germ plasm, organisms, and vectors.
    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.
    On August 28, 2000, we published in the Federal Register (65 FR 
51997-52010, Docket No. 97-058-2) a final rule that amended the 
regulations in 9 CFR part 130 by adjusting our user fees for import- 
and export-related services that we provide for animals, animal 
products, birds, germ plasm, organisms, and vectors and by setting user 
fees for these services for fiscal years 2001 through 2004 and beyond. 
Additionally, on August 1, 2001, we published in the Federal Register 
(66 FR 39628-39632, Docket No. 99-060-2) another final rule that 
amended the regulations by updating some of the user fees in 9 CFR part 
130. When we proposed to establish the user fees for fiscal years 2001 
through 2004 and beyond, we stated that, prior to the beginning of each 
fiscal year, we would publish a notice to remind the public of the user 
fees for that fiscal year. This document provides notice to the public 
of the user fees for fiscal year 2003 (October 1, 2002, through 
September 30, 2003). The specific services and user fees are described 
below.
    We provide standard and nonstandard housing, care, feed, and 
handling for individual animals and certain birds \1\ quarantined in 
APHIS-owned or -operated animal quarantine facilities, including APHIS 
Animal Import Centers. As specified in Sec.  130.2(a), the daily user 
fee for each animal or bird quarantined in APHIS-owned or -operated 
animal quarantine facilities receiving standard housing, care, feed, 
and handling for fiscal year 2003 will be as follows:
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    \1\ Those animals and birds subject to quarantine are specified 
in 9 CFR, chapter I, subchapter D of the regulations.

------------------------------------------------------------------------
                                                        User fee--  Oct.
                    Animal or bird                       1, 2002- Sept.
                                                            30, 2003
------------------------------------------------------------------------
Birds (excluding ratites and pet birds imported in
 accordance with 9 CFR part 93):
    0-250 grams.......................................             $1.50
    251-1,000 grams...................................              5.50
    Over 1,000 grams..................................             13.00
Domestic or zoo animals (except equines, birds, and
 poultry):
    Bison, bulls, camels, cattle, or zoo animals......            100.00
    All others, including, but not limited to,                     26.00
     alpacas, llamas, goats, sheep, and swine.........
Equines (including zoo equines, but excluding
 miniature horses):
    1st through 3rd day (fee per day).................            264.00
    4th through 7th day (fee per day).................            191.00
    8th and subsequent days (fee per day).............            162.00
Miniature horses......................................             60.00
Poultry (including zoo poultry):
    Doves, pigeons, quail.............................              3.25
    Chickens, ducks, grouse, guinea fowl, partridge,                6.25
     pea fowl, pheasants..............................
    Large poultry and large waterfowl, including, but              14.00
     not limited to game cocks, geese, swans, and
     turkeys..........................................
Ratites:
    Chicks (less than 3 months old)...................              9.00
    Juveniles (3 months through 10 months old)........             14.00
    Adults (11 months old and older)..................             26.00
------------------------------------------------------------------------

    Certain conditions or traits, such as aggression, may necessitate 
special requirements for certain birds or poultry. Birds and poultry 
receiving nonstandard housing, care, feed, or handling to meet special 
requirements may receive those services while quarantined in an APHIS-
owned or-operated quarantine facility at the request of an importer or 
as required by an APHIS representative. As specified in Sec.  130.2(b), 
the daily user fee for each bird or poultry receiving nonstandard 
housing, care, or handling while quarantined in an APHIS-owned or-
operated animal quarantine facility for fiscal year 2003 is $5.50 for 
birds weighing 250 grams or less, and doves, pigeons, and quail; $13 
for birds weighing 251 to 1,000 grams and poultry such as chickens, 
ducks, grouse,

[[Page 64865]]

guinea fowl, partridge, pea fowl, and pheasants; and $25 for birds over 
1,000 grams and large poultry and large waterfowl, including, but not 
limited to game cocks, geese, swans, and turkeys. As specified in Sec.  
130.2(c), importers of animals or birds that require a diet other than 
standard feed must either provide feed or pay APHIS for feed on an 
actual cost basis, including the cost of delivery to the APHIS-owned or 
-operated animal import center or quarantine facility.
    We accept requests from importers to exclusively occupy a space at 
an APHIS animal import center. As specified in Sec.  130.3(a)(1), the 
monthly user fee for exclusive use of space at the APHIS animal import 
center in Newburgh, NY, for fiscal year 2003 is $57,630 to occupy a 
space 5,396 square feet in size, $95,085 for a space 8,903 square feet 
in size, and $9,666 for a space 905 square feet in size. The fees 
listed in Sec.  130.3(a)(1) cover all costs of quarantine \2\ except 
feed. The importer either provides the feed or pays for it on an actual 
cost basis, including the cost of delivery.
---------------------------------------------------------------------------

    \2\ Section 130.3(a)(2) and 130.3(c) specifies that additional 
user fees will be charged to importers for occupancy of space for 
more than 30 days or nonstandard handling or care of animals or 
birds.
---------------------------------------------------------------------------

    We process applications for permits to import and transport certain 
animals, animal products, organisms, vectors, and germ plasm.\3\ As 
specified in Sec.  130.4, the user fees for processing import permit 
applications for certain animals, animal products, organisms, vectors, 
and germ plasm during fiscal year 2003 will be as follows:
---------------------------------------------------------------------------

    \3\ Those animal products, organisms, vectors, and germ plasm 
that require permits for importation into the United States are 
specified in 9 CFR, chapter I, subchapter D of the regulations.

------------------------------------------------------------------------
                                                           User fee--
             Service                       Unit         October 1, 2002-
                                                         Sept. 30, 2003
------------------------------------------------------------------------
Import compliance assistance:
    Simple (2 hours or less).....  Per release........            $68.00
    Complicated (more than 2       Per release........            174.00
     hours).
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
    Amended permit...............  Per amended                     47.00
                                    application.
    Renewed permit \2\...........  Per application....             61.00
Processing an application for a    Per application....           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.

    We inspect live animals presented for importation or entry into the 
United States through a land border port along the United States-Mexico 
border. As specified in Sec.  130.6(a), the user fees for inspection of 
live animals at land border ports along the United States-Mexico border 
for fiscal year 2003 will be as listed in the following table:

------------------------------------------------------------------------
                                                         Per head user
                                                         fee--  Oct. 1,
                 Type of live animal                    2002- Sept. 30,
                                                              2003
------------------------------------------------------------------------
Any ruminants (including breeder ruminants) not                    $8.75
 covered below.......................................
Feeder...............................................               2.50
Horses, other than slaughter.........................              43.00
In-bond or in-transit................................               5.50
Slaughter............................................               3.75
------------------------------------------------------------------------

    We also inspect live animals presented for importation into or 
entry into the United States through a land border port along the 
United States-Canada border. As specified in Sec.  130.7(a), user fees 
for import or entry services for live animals at land border ports 
along the United States-Canada border for fiscal year 2003 will be as 
follows:

------------------------------------------------------------------------
                                                         User fee-- Oct.
       Type of live animal                 Unit          1, 2002- Sept.
                                                            30, 2003
------------------------------------------------------------------------
Animals being imported into the
 United States:
    Breeding animals (grade
     animals, except horses):
        Sheep and goats..........  Per head...........             $0.50
        Swine....................  Per head...........              0.75
        All others...............  Per head...........              3.25
    Feeder animals:
        Cattle (not including      Per head...........              1.50
         calves).
        Sheep and calves.........  Per head...........              0.50
        Swine....................  Per head...........              0.25
Horses (including registered       Per head...........             28.00
 horses), other than slaughter
 and in-transit.
Poultry (including eggs),          Per load...........             48.00
 imported for any purpose.
Registered animals (except         Per head...........              5.75
 horses).
Slaughter animals (except          Per load...........             24.00
 poultry).
Animals transiting \1\ the United
 States:
    Cattle.......................  Per head...........              1.50
    Sheep and goats..............  Per head...........              0.25
    Swine........................  Per head...........              0.25

[[Page 64866]]

 
    Horses and all other animals.  Per head...........             6.75
------------------------------------------------------------------------
\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.

    We provide a variety of other services related to the importation 
into or exportation from the United States of animals, animal products, 
birds, germ plasm, organisms, and vectors. As specified in Sec.  
130.8(a), user fees for those import-or export-related services during 
fiscal year 2003 are as follows:

------------------------------------------------------------------------
                                                         User Fee-- Oct.
             Service                       Unit          1, 2002- Sept.
                                                            30, 2003
------------------------------------------------------------------------
Germ plasm being exported: \1\
    Embryo:......................
    Up to 5 donor pairs..........  Per certificate....            $81.00
    Each additional group of       Per group of donor              36.00
     donor pairs, up to 5 pairs     pairs.
     group, on the same
     certificate.
    Semen........................  Per certificate....             49.00
Release from export agricultural
 hold:
    Simple (2 hours or less).....  Per release........             68.00
    Complicated (more than 2       Per release........           174.00
     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.

    We inspect lots of pet birds \4\ of U.S. origin returning to the 
United States. As specified in Sec.  130.10(a), user fees for the 
inspection of pet birds of U.S. origin returning to the United States, 
except pet birds of U.S. origin returning from Canada, during fiscal 
year 2003 are $105 per lot of birds which have been out of the United 
States for 60 days or less, and $250 per lot of pet birds which have 
been out of the United States for more than 60 days.
---------------------------------------------------------------------------

    \4\ Provisions for the importation of pet birds into the United 
States are specified in 9 CFR, chapter I, subchapter D of the 
regulations.
---------------------------------------------------------------------------

    We also provide housing, care, feed, and handling for pet birds 
quarantined in APHIS-owned or -supervised quarantine facilities. The 
daily user fee to quarantine pet birds applies per isolette and varies 
based on the number of pet birds determined by an APHIS representative 
to be appropriate per isolette. All the birds quarantined in one 
isolette are covered by one fee, which is assessed daily for the 
duration of the quarantine. As specified in Sec.  130.10(b), the daily 
user fee for each pet bird quarantined in an APHIS-owned or supervised 
quarantine facility for fiscal year 2003 is $9 for one pet bird 
quarantined in one isolette, $11 for two pet birds quarantined in one 
isolette, $13 for three pet birds quarantined in one isolette, $15 for 
four pet birds quarantined in one isolette, and $17 for five pet birds 
quarantined in one isolette.
    We inspect and approve various import and export facilities and 
establishments.\5\ As specified in Sec.  130.11, the user fees for 
inspecting and approving import and export facilities and 
establishments during fiscal year 2003 will be as listed in the 
following table:
---------------------------------------------------------------------------

    \5\ Requirements for the inspection and approval of various 
quarantine facilities are specified in 9 CFR, chapter I, subchapter 
D of the regulations.

------------------------------------------------------------------------
                                                         User Fee-- Oct.
             Service                       Unit          1, 2002- Sept.
                                                            30, 2003
------------------------------------------------------------------------
Embryo collection center           Per year...........           $369.00
 inspection and approval (all
 inspections required during the
 year for facility approval).
Inspection for approval of         Per inspection.....            977.00
 biosecurity level three
 laboratories (all inspections
 related to approving the
 laboratory for handling one
 defined set of organisms or
 vectors).
Inspection for approval of pet
 food manufacturing, rendering,
 blending, or digest facilities:
    Initial approval.............  For all inspections            404.75
                                    required during
                                    the year.
    Renewal......................  For all inspections            289.00
                                    required during
                                    the year.
Inspection for approval of pet
 food spraying and drying
 facilities:
    Initial approval.............  For all inspections            275.00
                                    required during
                                    the year.
    Renewal......................  For all inspections            162.00
                                    required during
                                    the year.
Inspection for approval of
 slaughter establishment:
    Initial approval (all          Per year...........            362.00
     inspections).
    Renewal (all inspections)....  Per year...........            314.00

[[Page 64867]]

 
Inspection of approved
 establishments, warehouses, and
 facilities under 9 CFR parts 94
 through 96:
    Approval (compliance           Per year...........            386.00
     agreement) (all inspections
     for first year of 3-year
     approval).
    Renewed approval (all          Per year...........            223.00
     inspections for second and
     third years of 3-year
     approval).
------------------------------------------------------------------------

    We endorse export health certificates for animals, birds, or animal 
products.\6\ As specified in Sec.  130.20(a), the user fees for each 
export health certificate endorsed for animals, birds, or animal 
products that do not require the verification of tests or vaccinations, 
regardless of the number of animals, birds, or animal products covered 
by the certificate, will be $31 for animal and nonanimal products, $29 
for hatching eggs, $29 for poultry, including slaughter poultry, $34 
for slaughter animals (except poultry) moving to Canada or Mexico, and 
$23 for other endorsements or certifications during fiscal year 2003.
---------------------------------------------------------------------------

    \6\ Those animals, birds, or animal products that require export 
health certificates are specified in 9 CFR, chapter I, subchapter D 
of the regulations.
---------------------------------------------------------------------------

    We also endorse export health certificates for animals, birds, or 
animal products that require verification of tests or vaccinations. The 
user fees for these certificates apply to each export health 
certificate endorsed for animals and birds, depending on the number of 
animals or birds covered by the certificate and the number of tests or 
vaccinations required. As specified in Sec.  130.20(b), the user fees 
for each export health certificate endorsed for animals and birds for 
fiscal year 2003 is as follows:

------------------------------------------------------------------------
                                                         User fee-- Oct.
 Number of tests or vaccinations and Number of animals   1, 2002- Sept.
              or birds on the certificate                   30, 2003
------------------------------------------------------------------------
1-2 tests or vaccinations
    Nonslaughter horses to Canada:
        First animal..................................            $37.00
        Each additional animal........................              4.25
    Other animals or birds:
        First animal..................................             74.00
        Each additional animal........................              4.25
3-6 tests or vaccinations
    First animal......................................             91.00
    Each additional animal............................              7.00
7 or more tests or vaccinations
    First animal......................................            106.00
    Each additional animal............................              8.25
------------------------------------------------------------------------

    We provide certain import-or export-related veterinary services at 
hourly rates \7\ that may be performed during and outside of regularly 
established hours of service. As specified in Sec.  130.30(a), the user 
fees in fiscal year 2003 for import-or export-related hourly veterinary 
services performed during regularly established hours of service, 
except those services covered by flat rate user fees, will be $84 per 
hour or $21 per quarter hour for each APHIS employee; the per service 
minimum fee is $24. When the import-or export-related veterinary 
services listed in Sec.  130.30(a)(1) through (a)(13) are performed on 
a Sunday, holiday, or at any time outside of an APHIS employee's normal 
tour of duty, a premium rate user fee is charged. As specified in Sec.  
130.30(b), the user fees in fiscal year 2003 for hourly veterinary 
services provided at any time outside an employee's normal tour of duty 
Monday through Saturday and on holidays will be $96 per hour or $24 per 
quarter hour for each APHIS employee, and the user fees for hourly 
veterinary services provided on a Sunday will be $108 per hour or $27 
per quarter hour for each APHIS employee.
---------------------------------------------------------------------------

    \7\ Section 130.30 (a)(1) through (a)(13) lists import-or 
export-related veterinary services that are calculated at hourly 
rates for each APHIS employee required to perform the service.
---------------------------------------------------------------------------

    Users who request import- or export-related services that are 
covered by flat rate user fees on a Sunday, holiday, or any time 
outside of an APHIS employee's normal tour of duty, and who are subject 
to the overtime rates set forth in 7 CFR 354.1 or 9 CFR 97.1, are 
charged the hourly overtime rates set out in Sec.  130.50(b)(3)(i) in 
addition to the flat rate user fees. For fiscal year 2003, the overtime 
rates charged to users who request flat rate user fee services are as 
follows:

                  Overtime for Flat Rate User Fees 1, 2
------------------------------------------------------------------------
                                                         Overtime rates
                                      Outside of the     (per hour) Oct.
                                    employee's normal    1, 2002- Sept.
                                       tour of duty         30, 2003
------------------------------------------------------------------------
Rate for inspection, testing,      Monday-Saturday                $46.00
 certification or quarantine of     holidays.
 animals, and animal products or
 other commodities (See 7 CFR
 354.3 or 9 CFR 97.1(a) for
 details.).

[[Page 64868]]

 
                                   Sundays............             61.00
Rate for commercial airline         Monday-Saturday                37.00
 inspection services (See 9 CFR     and holidays.
 97.1(a)(3) for details.).
                                   Sundays............            49.00
------------------------------------------------------------------------
\1\ Minimum charge of 2 hours, unless performed on the employee's
  regular workday and performed in direct continuation of the regular
  workday or begun within an hour of the regular workday.
\2\ When the 2-hour minimum applies, you may need to pay commuted travel
  time. (See 9 CFR 97.1(b) for specific information about commuted
  travel time.)


    Done in Washington, DC, this 16th day of October 2002.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-26815 Filed 10-21-02; 8:45 am]
BILLING CODE 3410-34-P