[Federal Register Volume 68, Number 16 (Friday, January 24, 2003)]
[Rules and Regulations]
[Page 3375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1607]



[[Page 3375]]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 354

[Docket No. 02-085-2]


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

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended the regulations to ensure that fiscal year 2002 user 
fee rates remain in effect beyond fiscal year 2002 until the fees are 
revised.

EFFECTIVE DATE: The interim rule became effective on September 3, 2002.

FOR FURTHER INFORMATION CONTACT: For information concerning program 
operations, contact Mr. Jim Smith, 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 to collect 
user fees for agricultural quarantine and inspection (AQI) services. 
The FACT Act was amended by Sec.  917 of the Federal Agricultural 
Improvement and Reform Act of 1996 (Pub. L. 104-127), on April 4, 1996.
    In an interim rule effective and published in the Federal Register 
on September 3, 2002 (67 FR 56217-56218, Docket No. 02-085-1), we 
amended the user fee regulations in 7 CFR part 354 to ensure that 
fiscal year 2002 rates remain in effect beyond fiscal year 2002 until 
the fees are revised.
    Comments on the interim rule were required to be received on or 
before November 4, 2002. We did not receive any comments. Therefore, 
for the reasons given in the interim rule, we are adopting the interim 
rule as a final rule.
    This action also affirms the information contained in the interim 
rule concerning Executive Order 12866 and the Regulatory Flexibility 
Act, Executive Orders 12372 and 12988, and the Paperwork Reduction Act.
    Further, for this action, the Office of Management and Budget has 
waived its review under Executive Order 12866.

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.

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

    Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 7 CFR part 354 and that was published at 67 
FR 56217-56218 on September 3, 2002.

    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.

    Done in Washington, DC, this 16th day of January 2003.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-1607 Filed 1-23-03; 8:45 am]
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