[Federal Register Volume 68, Number 55 (Friday, March 21, 2003)]
[Proposed Rules]
[Pages 13861-13872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6797]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 354

9 CFR Parts 97 and 130

[Docket No. 02-040-1]


Veterinary Services User Fees; Fees for Endorsing Export 
Certificates for Ruminants

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the user fees for endorsing export 
health certificates by establishing a separate user fee that would 
cover the cost of endorsing certificates that do not require 
verification of tests or vaccinations for ruminants. We are proposing 
this change to ensure that we recover all of the costs associated with 
providing that service. We are also proposing to make several 
miscellaneous changes to clarify the existing regulations.

DATES: We will consider all comments that we receive on or before May 
20, 2003.

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. 02-040-1, 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. 02-040-1. 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. 
02-040-1'' 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 Ms. Inez Hockaday, Acting Director, Management 
Support Staff, VS, APHIS, 4700 River Road Unit 44, Riverdale, MD 20737-
1231; (301) 734-7517.
    For information concerning rate development, contact Ms. Kris 
Caraher, Accountant, User Fee Section, Financial Management Division, 
APHIS, 4700 River Road Unit 54, Riverdale, MD 20737-1231; (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 animals, animal 
products, birds, germ plasm, organisms, and vectors are contained in 9 
CFR part 130. Section 130.20 lists user fees we charge for endorsing 
health certificates for animals, birds, or animal or nonanimal products 
exported from the United States. Importing countries often require 
these certificates to show that an animal, bird, or product has tested 
negative to specific animal diseases or that the animal, bird, or 
product has not been exposed to specific animal diseases. The 
endorsement indicates that APHIS has reviewed a certificate and 
believes it to be accurate and reliable. The steps associated with 
endorsing an export certificate may include reviewing supporting 
documentation; confirming that the importing country's requirements 
have been met; verifying laboratory test results for each animal if 
tests are required; reviewing any certification statements required by 
the importing country; and endorsing, or signing, the certificates. Our 
user fees are intended to cover all of the costs associated with 
endorsing the certificates.
    The user fees we charge to endorse export health certificates vary, 
depending on whether or not the importing country requires verification 
of tests or vaccinations and the type and quantity of animals, birds, 
or products covered by the certificate. For those certificates that do 
not require verification of tests or vaccinations, paragraph (a) of 
Sec.  130.20 lists user fees for the following certificate categories: 
Animal and nonanimal products; hatching eggs; poultry, including 
slaughter poultry; slaughter animals (except poultry) moving to Canada 
or Mexico; and other endorsements or certifications. For those 
certificates that require verification of tests or vaccinations, 
paragraph (b) of Sec.  130.20 lists user fees based on the number of 
animals or birds and the number of tests or vaccinations on the 
certificate, and whether the animals covered by the certificate are 
nonslaughter horses moving to Canada or are other animals or birds. 
Currently, user fees for the endorsement of export health certificates 
for ruminants, except for ruminants exported for slaughter to Canada or 
Mexico, are included in the certificate categories ``Other endorsements 
or certifications'' and ``Other animals or birds'' in paragraphs (a) 
and (b) of Sec.  130.20, respectively.
    On August 28, 2000, we published a final rule in the Federal 
Register (65 FR 51997-52010, Docket No. 97-058-2) that amended the user 
fees for, among other things, the endorsement of export health 
certificates. We calculated the user fees established by that final 
rule to cover the costs associated with providing that service, which 
include direct labor and direct material costs.
    Since the time we calculated the fees established in the August 
2000 final rule, we have conducted a review of the costs of endorsing 
export health certificates. In that review, we found that the projected 
direct labor costs used to calculate the multi-year user fees for the 
certificate category ``Other endorsements or certifications'' in Sec.  
130.20(a) are less than the actual direct labor costs for the 
endorsement of certificates for ruminants, which is covered by that 
certificate category. As a result, the user fees charged to endorse 
certificates in accordance with Sec.  130.20(a) for ruminants are less 
than the actual cost of providing that service. For the user fees to 
cover all the costs associated with endorsing such certificates for 
ruminants, including the direct labor costs, we propose to establish a 
new certificate category and user fee in Sec.  130.20(a) for ruminants.
    APHIS currently charges $23 to endorse each certificate covered by 
the certificate category ``Other endorsements or certifications'' in 
Sec.  130.20(a). We have estimated the actual cost of providing that 
service for ruminants to be $33 for each endorsement; therefore, we 
propose to increase the current user fee charged for

[[Page 13862]]

such an endorsement by $10 to $33. If adopted, this proposed user fee 
would take effect on the effective date of the final rule for this 
action.
    Slaughter ruminants exported to Canada or Mexico that require 
certification under Sec.  130.20(a) are covered by the certificate 
category ``Slaughter animals (except poultry) moving to Canada or 
Mexico.'' To make it clear that slaughter ruminants exported to Canada 
or Mexico would continue to be covered by that certificate category, 
and not by the certificate category for ruminants proposed in this 
rule, we also propose to amend the title of the category for slaughter 
animals in Sec.  130.20(a) to ``Slaughter animals (except poultry but 
including ruminants) moving to Canada or Mexico.'' Similarly, the title 
of the proposed new category for ruminants would read: ``Ruminants, 
except slaughter ruminants moving to Canada or Mexico.'' The user fees 
currently listed in Sec.  130.20(a), including those fees for slaughter 
animals exported to Canada or Mexico, would not be affected by this 
proposed change.

Calculation Methodology

    We calculated the user fee for endorsing export health certificates 
that do not require verification of tests or vaccinations for ruminants 
to cover the full costs associated with reviewing and endorsing a 
certificate. The costs of providing that service are the direct labor 
costs, administrative support costs, billing and collections costs, 
agency overhead, departmental charges, and a reserve component.
    Direct labor costs are the salary and benefit costs of employee 
time spent specifically to endorse a certificate. To calculate the 
direct labor costs, we included time for a GS-14 step 5 veterinarian to 
provide information over the phone, research regulations, send any 
necessary facsimiles, and review, sign, and audit paperwork. We also 
included time for a GS-5 step 5 export clerk to review the contents of 
the certificate, print a receipt, enter and process information in the 
system, verify the origin and identity of the animal(s) by researching 
farms and matching eartags, handle collections, and mail 
certifications. We used the actual hourly salary of a GS-14 step 5 and 
a GS-5 step 5 during fiscal year (FY) 2002 (October 1, 2001, through 
September 30, 2002) and took into consideration the anticipated 
increases in the cost of living for fiscal years 2003 and 2004 that 
were projected in the President's Budget for FY 2003 (October 1, 2002, 
through September 30, 2003). Finally, we included employee benefit 
costs at 20.42 percent of the total employee salary costs. Based on 
this approach, we estimate that the direct labor cost associated with 
the endorsement of export health certificates that do not require 
verification of tests or vaccinations for ruminants is $15.12 for each 
certificate.
    Administrative support costs include local clerical and 
administrative activities; indirect labor hours; travel and 
transportation for personnel; supplies, equipment, and other necessary 
items; training; general office supplies; rent; equipment 
capitalization; billings and collections expenses; utilities; and 
contractual services. Indirect labor hours include supervision of 
personnel and time spent doing work that is not directly connected with 
endorsing the certificates but which is nonetheless necessary, such as 
repairing equipment. Rent is the cost of using the space we need to 
perform work related to endorsing the certificates. Equipment 
capitalization is the cost per year to replace equipment, which we 
determine by establishing the life expectancy, in years, of equipment 
we use to endorse the certificates and by establishing the cost to 
replace the equipment at the end of its useful life. We subtract any 
money we anticipate receiving for selling used equipment. Then we 
divide the resulting amount by the life expectancy of the equipment. 
The result is the annual cost to replace equipment. Billing costs are 
the costs of managing user fee accounts for our customers who wish to 
receive monthly invoices for the services they receive from APHIS. 
Collections expenses include the costs of managing customer payments 
and accurately reflecting those payments in our accounting system. 
Utilities include water, telephone, electricity, gas, heating and oil. 
Contractual services include security service, maintenance, trash 
pickup, etc. We have calculated the administrative support costs for 
each endorsement to be $10.85.
    Agency overhead is the pro-rata share, attributable to endorsing 
the certificates, of the agency's management and support costs. 
Management and support costs include the costs of providing budget and 
accounting services, regulatory services, investigative and enforcement 
services, debt-management services, personnel services, public 
information services, legal services, liaison with Congress, and other 
general program and agency management services provided above the local 
level. We have determined that $4.19 for each endorsement covers the 
agency overhead associated with providing that service.
    Departmental charges are APHIS's share, expressed as a percentage 
of the total cost, of services provided centrally by the Department of 
Agriculture (Department). Services the Department provides centrally 
include the Federal Telephone Service; mail; National Finance Center 
processing of payroll, and other money management; unemployment 
compensation; Office of Workers Compensation Programs; and central 
supply for storing and issuing commonly used supplies and Department 
forms. The Department notifies APHIS how much the agency owes for these 
services. We have included a pro-rata share of these departmental 
charges of $1.38, as attributable to the endorsement of export health 
certificates that do not require verification of tests or vaccinations 
for ruminants, in our fee calculation.
    We have added an amount that would help provide for a reasonable 
balance, or reserve, in the Veterinary Services' (VS) user fee account. 
We maintain a reserve in the VS user fee account that is equal to 
approximately 25 percent of the annual cost of the Import/Export 
Program to ensure that we have sufficient operating funds in cases of 
bad debt, customer insolvency, and fluctuations in activity volumes. 
All user fees contribute to the reserve proportionately. We have 
included a pro-rata share of the reserve of $1.58, as attributable to 
each endorsement, in our fee calculation.
    We added all of the costs, as discussed above, to obtain our cost 
of $33.12 to endorse export health certificates that do not require 
verification of tests or vaccinations for ruminants, except for 
slaughter ruminants exported to Mexico or Canada. We then rounded this 
cost to the nearest whole dollar to obtain a user fee of $33 for each 
certification. As mentioned above, if this proposed rule is adopted, 
the user fee for the new certificate category would take effect on the 
effective date of the final rule for this action. As is the case with 
all APHIS user fees, we intend to review, at least annually, the user 
fee proposed in this document. We will publish any necessary 
adjustments in the Federal Register.
    We are also proposing to make several miscellaneous changes to the 
regulations for clarity. As mentioned above, the regulations in 9 CFR 
part 130 contain, among other things, tables that list multi-year user 
fees for certain veterinary diagnostic services and import- and export-
related services. In addition to listing user fees for the current and 
future fiscal years (FY 2003

[[Page 13863]]

and beyond), many of the tables in part 130 list user fees for fiscal 
years 2001 and/or 2002. Because fiscal years 2001 and 2002 have passed, 
we believe it is no longer necessary to list the user fees for those 
fiscal years in the regulations. Therefore, we are proposing to amend 
the user fee tables in the part 130 by removing columns that list fees 
for fiscal years 2001 and 2002.
    Similarly, we would also remove the columns for fiscal year 2002 
from the overtime rates tables found in 7 CFR part 354 and 9 CFR parts 
97 and 130 (those tables list multi-year overtime rates for inspection, 
laboratory testing, certification, or quarantine services provided by 
APHIS employees on a holiday, Sunday, or at any other time outside of 
an employee's regular tour of duty).

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.
    APHIS charges flat-rate user fees to individuals, firms, 
corporations, and other entities for the endorsement of export health 
certificates for animals, birds, or animal or nonanimal products. These 
user fees vary, depending on whether or not the importing country 
requires verification of tests and the type and quantity of animals, 
birds, or products covered by the certificate. There is one user fee 
schedule for certificates that require verification of tests or 
vaccinations and another schedule for certificates that do not require 
such verification.
    Currently, certifications for ruminants that do not require 
verification of tests or vaccinations, other than certifications for 
slaughter ruminants exported to Mexico or Canada, are covered by a 
miscellaneous ``catchall'' user fee certificate category. (Ruminants 
exported to Mexico and Canada for slaughter are covered by a separate 
user fee that includes all slaughter animals, except poultry, exported 
to those two countries). APHIS currently charges $23 per endorsement 
for services covered by that miscellaneous certificate category. Based 
on our review of the costs associated with endorsing export health 
certificates, we have determined that the current user fee charged for 
the miscellaneous certificate category does not cover all of our costs 
to endorse such certificates for ruminants. As a result, we are 
proposing to establish a new certificate category and user fee for that 
service. If adopted, this proposal would increase the current user fee 
charged to endorse certificates that do not require verification of 
tests or vaccinations for ruminants, except slaughter ruminants 
exported to Mexico or Canada, by $10 to $33 for each endorsement. We 
are proposing this change to ensure that we recover our costs for 
providing that service, which include direct labor costs, 
administrative support costs, billing and collection costs, Agency 
overhead, departmental charges, and a reserve component.
    This proposed rule would affect entities who export ruminants, 
other than slaughter ruminants exported to Mexico or Canada, to 
countries that do not require that export health certificates include 
verification of tests or vaccinations. Because entities who export 
ruminants to Mexico or Canada for immediate slaughter are covered by a 
separate user fee category, such entities would not be affected by this 
proposed rule. Whether or not an importing country requires 
verification of tests or vaccinations for ruminants depends on such 
factors as the type of animal exported, the time of year exportation 
occurs, and the health status of an animal's herd or State of origin. A 
representative overview of countries that import ruminants from the 
United States (including Brazil, Canada, China, Dominican Republic, 
Japan, Mexico, Nicaragua, Philippines, and Turkey) indicates that most 
countries require that export health certificates include verification 
of testing or vaccinations for ruminants.\1\ For example, importing 
countries almost always require U.S.-origin ruminants to be tested for 
brucellosis and tuberculosis, and frequently require those animals to 
be tested for such diseases as anaplasmosis, bluetongue, Johne's 
disease, leptospirosis, and vesicular stomatitis, among others. 
However, two countries, Mexico and Canada, do not currently require 
verification of tests or vaccinations for some cattle, sheep, and 
goats, under certain conditions.
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    \1\ Import health requirements of foreign countries, including 
required certification statements and testing, may be found on the 
Internet at http://www.aphis.usda.gov/vs/ncie/iregs/animals/.
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    As shown in Table 1, below, trade statistics indicate that the 
majority of U.S.-origin cattle, sheep, and goats are exported to Mexico 
and Canada. For example, 56.6 percent of purebred cattle, 99.6 percent 
of not purebred cattle, 99.5 percent of sheep, and 82.3 percent of 
goats exported from the United States during 1999-2001 were shipped to 
Mexico or Canada. Of those animals listed in Table 1, animals 
categorized as ``not purebred cattle'' (which include feeder cattle, 
cattle exported for immediate slaughter, and other not purebred cattle) 
comprise the single largest category, accounting for 83 percent of the 
total number of cattle, sheep, and goats exported from the United 
States during 1999-2001.

    Table 1.--Value of U.S. Exports of Cattle, Sheep, and Goats to Mexico, Canada, and the Rest of the World
       [Dollar amounts and percentage shares of each livestock category as annual averages for 1999-2001]
----------------------------------------------------------------------------------------------------------------
                                          Mexico                Canada                 Rest of the world
----------------------------------------------------------------------------------------------------------------
Purebred cattle..................  $9.86 million         $2.39 million         $9.39 million (43.4%)
                                    (45.8%).              (10.8%).
Not purebred cattle..............  $70.77 million        $145.74 million       $718,000 (0.4%).
                                    (32.4%).              (67.2%).
Sheep............................  $18.00 million        $391,000 (2.1%).....  $85,000 (0.5%).
                                    (97.4%).
Goats............................  $1.95 million         $206,000 (8.1%).....  $487,000 (17.7%).
                                    (74.2%).
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Source: World Trade Atlas, based on U.S. Census data.

    Because Mexico and Canada are the principal markets for ruminants 
exported from the United States that do not require health certificates 
to include verification of tests or vaccinations, we can expect that 
entities who export cattle, sheep, and goats to those two countries 
would be most affected by this proposed rule. As a result, this 
analysis will focus on the importation requirements of Mexico and 
Canada for U.S.-origin cattle, sheep, and goats.

[[Page 13864]]

U.S. Ruminant Exports to Mexico

    Mexico does not require verification of tests or vaccinations for 
the following ruminants imported from the United States: Steers and 
spayed heifers shipped as feeder cattle; slaughter cattle, unless from 
Texas or Missouri; sheep other than rams; and goats other than breeding 
stock. Because Texas and Missouri are not designated as brucellosis 
Class-Free States, cattle imported for slaughter from those two States 
must be tested for that disease. Breeding cattle imported into Mexico 
from any State are required to be tested for brucellosis only if the 
animal is less than 6 months of age, or is an official calfhood 
vaccinate less than 20 months of age raised for dairy production or a 
vaccinate less than 24 months of age raised for beef. However, all 
breeding cattle, except for those animals under 1 month of age, must be 
tested for tuberculosis. For sheep and goats, Mexico requires that 
breeding and feeder rams be tested for brucellosis and breeding goats 
be tested for tuberculosis.
    As mentioned above, animals other than poultry exported to Mexico 
and Canada for slaughter are covered by a separate user fee category. 
As a result, exporters of slaughter ruminants, including slaughter 
cattle, exported to Mexico or Canada would not be affected by this 
proposed rule. Slaughter cattle account for the majority of not 
purebred cattle exported to Mexico from the United States.\2\ As shown 
in Table 1, the annual value of not purebred cattle exported to Mexico 
from the United States is estimated to be about $71 million. APHIS 
export certification data indicate that approximately 62 percent of not 
purebred cattle shipped to Mexico were exported from the United States 
for purposes other than slaughter.\3\ We can expect, therefore, that 
the annual value of not purebred cattle exported to Mexico that would 
be affected by this proposed rule to be approximately $44 million 
($70.77 million multiplied by 0.62).
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    \2\ APHIS, Centers for Epidemiology & Animal Health (CEAH), 
1999-2001.
    \3\ APHIS CEAH, 1999-2001.
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    This proposed rule would have a negligible economic impact on 
exporters of sheep and goats shipped to Mexico, as over 99 percent of 
sheep and 96 percent of goats from the United States to Mexico are 
intended for slaughter and would not, therefore, be covered by the 
certificate category and user fee proposed in this document.

U.S. Ruminant Exports to Canada

    Ruminants exported to Canada that do not require testing or 
vaccination are feeder cattle from Hawaii, Montana, and Washington; 
sheep and goats intended for immediate slaughter; and some purebred 
cattle, sheep, and goats, depending on the health status of the State 
or herd from which the animal originated and the time of year the 
animals are shipped.
    Canada requires feeder cattle imported from most States to be 
tested for tuberculosis and anaplasmosis, and requires certain feeder 
cattle to be tested for brucellosis and bluetongue. Brucellosis testing 
is not required for steers and spayed heifers and official calfhood 
vaccinates that were vaccinated with Strain 19 vaccine. For all other 
cattle, brucellosis testing requirements depend on the brucellosis 
status of the animal's herd and State. Currently, all States except 
Missouri and Texas are classified as brucellosis Class-Free. As a 
result, feeder cattle exported to Canada from all States except 
Missouri and Texas are exempt from brucellosis testing. Bluetongue test 
requirements depend on whether the animal comes from a low-, medium-, 
or high-incidence State and/or the time of year the animal is exported. 
For example, feeder cattle imported into Canada between October 1 and 
December 31 are not required to be tested for bluetongue, regardless of 
the State of origin.
    As an alternative to the foregoing testing requirements, Canada 
accepts shipments of untested feeder cattle under its Restricted Feeder 
Cattle Program.\4\ To participate in this program, a State must meet 
certain requirements, including being free of brucellosis and 
tuberculosis and classified as a low risk for bluetongue, and must 
submit to Canada summary data for anaplasmosis. Currently, Hawaii, 
Montana, and Washington are allowed to export untested feeder cattle to 
Canada under the Restricted Feeder Cattle Program. Cattle imported by 
Canada under this program may only enter the country between October 1 
and March 31.
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    \4\ Canadian Food Inspection Agency, Client Services Information 
Sheet No. 14, Restricted Feeder Cattle from the United States.
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    Testing requirements for breeding cattle exported to Canada depend 
on a given animal's particular circumstances. For example, brucellosis 
and anaplasmosis testing requirements depend on the health status of 
the herd and State, and bluetongue testing requirements depend on the 
State's classification and/or the time of year the animal is exported 
to Canada. Breeding cattle need not be tested for tuberculosis if the 
entire herd from which the animal originated is tested within the 12 
months preceding exportation.
    Sheep and goats exported to Canada for immediate slaughter need not 
be tested for bluetongue. For all other sheep and goats, testing for 
bluetongue depends on the status of the exporting State and/or the time 
of year of the export. For example, Canada does not require sheep and 
goats exported from any State between October 1 and December 31 to be 
tested for bluetongue, assuming that the animals have resided only in 
the United States or Canada.
    As shown in Table 1, not purebred cattle, which predominantly 
consist of feeder cattle, account for the single largest category of 
ruminants exported to Canada that would be affected by this proposed 
rule. Because Hawaii, Montana, and Washington are the only States 
currently allowed to export feeder cattle to Canada without tests or 
vaccinations under the Restricted Feeder Cattle Program, we can expect 
that exporters of ruminants from those three States would be most 
affected by this proposed rule. Table 2 shows approximate average 
annual values of feeder cattle exported to Canada from Hawaii, Montana, 
and Washington, 1999-2001. These values are for cattle classified under 
Harmonized Schedule code 010290 (not purebred), and, therefore, may 
include animals exported for immediate slaughter and other not purebred 
animals; however, the majority of cattle under this classification are 
imported by Canada under its Restricted Feeder Cattle Program for 
feeding and subsequent slaughter.

[[Page 13865]]



 Table 2.--Approximate Average Annual Values of Feeder Cattle Exports to
  Canada From the States of Hawaii, Montana, and Washington, 1999-2001
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Hawaii..................................................      $2,383,000
Montana.................................................      84,999,000
Washington..............................................       8,821,000
                                                         ---------------
    Total...............................................     96,203,000
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Source: Industry Canada, Trade Data Online, based on data obtained from
  Statistics Canada and the U.S. Census Bureau, U.S. Department of
  Commerce.
Note: Values are for Harmonized Schedule code 010290--Bovine, live--Not
  Pure-bred, which are predominantly feeder cattle, but may include
  other cattle. The values, therefore, are only approximate feeder
  cattle values.

    Montana's livestock exporters, in particular, have benefitted from 
the Restricted Feeder Cattle Program. A total of 127,643 restricted 
feeder cattle were shipped to Canada from Montana during the 1999-2000 
season. In the 2000-2001 season, Montana shipped 133,240 head.\5\ The 
total value of feeder cattle exported from the three States to Canada, 
shown in Table 2 to be $96 million, comprises two-thirds of the $146 
million shown in Table 1 for all not purebred cattle exported to 
Canada.
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    \5\ Montana Department of Livestock.
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    Statistics on other ruminants exported to Canada and affected by 
this proposed rule are not available. However, as mentioned above, 
exports of such ruminants, which include certain breeding stock, are 
not nearly as important as exports of not purebred cattle.

The User Fee Increase and Ruminant Export Values

    The total value of ruminant exports that would be affected by this 
proposed rule and for which statistics are available is approximately 
$140 million annually. This figure accounts for about 54 percent of 
cattle, sheep, and goats exported from the United States.\6\ However, 
even though a sizable percentage of U.S. ruminant exports would be 
affected by the proposed user fee increase, we do not expect that this 
proposed rule would have a significant impact on a substantial number 
of entities. The $10 proposed increase in user fees for the endorsement 
of certificates that do not require verification of tests or 
vaccinations for ruminants represents a small amount of the average 
export value of cattle. Furthermore, the $10 proposed increase in user 
fees is small compared to the total value of livestock usually included 
on a single health certificate, as most health certificates are issued 
for more than one animal and the new user fee of $33 would apply for 
any number of animals covered by a single certificate.
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    \6\ Feeder cattle exports to Canada from Hawaii, Montana, and 
Washington ($96 million) + not purebred cattle exports to Mexico 
($44 million) = $140 million. (Overcounting of affected cattle and 
smallstock shipments to Mexico is assumed to be balanced by 
undercounting of affected cattle and smallstock shipments to 
Canada.) All U.S. exports total about $260 million (Table 1).
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    This proposed rule would have the largest effect on exporters of 
not purebred cattle intended for export to Mexico and Canada. Table 3 
shows the average value for each animal for those ruminant categories. 
The proposed $10 increase in user fees represents approximately 2 
percent of the average value of not purebred cattle exported to Mexico 
and Canada from the United States.

 Table 3.--Average Values of Not Purebred Cattle Exported to Mexico and
  Canada and Percentages of the Values Represented by the Proposed $10
                          Increase in User Fees
------------------------------------------------------------------------
                                                          $10 user fee
                                                          increase as a
                                        Average value     percentage of
                                         per animal        the average
                                                              value
------------------------------------------------------------------------
Not Purebred Cattle:
    Exported to Mexico..............              $464               2.2
    Exported to Canada..............               504              2.0
------------------------------------------------------------------------
Source: World Trade Atlas, based on U.S. Census Bureau data. Values are
  annual averages for 1999, 2000, and 2001.

    However, these percentages overstate the potential impact of the 
proposed user fee increase, as numerous animals are usually exported 
using a single certificate. For example, from 1999 through 2001, the 
average number of feeder cattle exported to Canada per certificate 
numbered 798 head.\7\ Based on this average number of cattle per 
certificate, the $10 proposed user fee increase would account for only 
0.002 percent of the total value of livestock included in a single 
health certificate.\8\
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    \7\ Calculated from data obtained from APHIS CEAH.
    \8\ Average total value of feeder cattle exported to Canada, for 
each health certificate, is $402,192: ($10 divided by $402,192) 
multiplied by 100 = 0.002 percent.
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Impact on Small Entities

    The Regulatory Flexibility Act require agencies to consider the 
economic impact of their rules on small entities, such as small 
businesses, organizations, and governmental jurisdictions. This 
proposed rule would affect livestock operations that export ruminants 
to Mexico or Canada, which include such entities as cattle ranches and 
farms, sheep and goat farms, and cattle feedlots.
    Under the standards established by the Small Business 
Administration (SBA), a business, firm, organization or other entity 
engaged in cattle ranching and farming, sheep farming, or goat farming 
is considered small if the entity has annual sales of $750,000 or 
less.\9\ In 1997, there were 651,542 cattle farms and 29,790 sheep and 
goat farms. Of

[[Page 13866]]

those entities, 99 percent of cattle farms (656,181) and 99 percent of 
sheep and goat farms (29,938) are considered small entities under the 
SBA's standards.\10\
---------------------------------------------------------------------------

    \9\ Cattle ranching and farming, North American Industry 
Classification System (NAICS) code 112120; sheep farming, NAICS 
112410; and goat farming, NAICS 112420.
    \10\ 1997 Census of Agriculture, USDA National Agricultural 
Statistics Service (NASS). Sales information for these farms 
identifies a data break at annual sales of $500,000, not at 
$750,000.
---------------------------------------------------------------------------

    Cattle feedlots are considered small under the SBA's standards if 
their annual sales are $1.5 million or less.\11\ Over 97 percent of 
feedlots (95,000 of 97,091) have capacities of fewer than 1,000 head, 
and average annual sales of about 420 head.\12\ Assuming each head sold 
for $1,000, these fewer-than-1,000 head capacity feedlots would 
generate, on average, $420,000 in sales. Clearly, most feedlots that 
export ruminants to Mexico or Canada are also considered small 
entities.
---------------------------------------------------------------------------

    \11\ Cattle feedlots, NAICS 112112.
    \12\ ``Cattle on Feed,'' NASS, February 2001.
---------------------------------------------------------------------------

    The proposed $10 increase in user fees for the endorsement of 
ruminant export health certificates that do not require verification of 
testing or vaccination, except ruminants exported from Mexico or 
Canada, would not have a significant economic impact on a substantial 
number of entities, large or small, given the value and number of 
animals usually listed on a single health certificate. Although the 
majority of entities potentially affected by this proposed rule are 
small entities, and the majority of cattle, sheep, and goats exported 
by the United States do not require testing or vaccination, the 
proposed user fee increase is small compared to the average total value 
of livestock normally included on a single health certificate.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
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 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

    This proposed 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

7 CFR Part 354

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

9 CFR Part 97

    Exports, Government employees, Imports, Livestock, Poultry and 
poultry products, Travel and transportation expenses.

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 7 CFR part 354 and 9 CFR parts 97 
and 130 as follows:

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

    1. The authority citation for part 354 would continue to read as 
follows:

    Authority: 7 U.S.C. 8301-8317; 21 U.S.C. 136 and 136a; 49 U.S.C. 
80503; 7 CFR 2.22, 2.80, and 371.3.

    2. Section 354.1 would be amended as follows:
    a. In paragraph (a)(1), introductory text, the table would be 
revised to read as set forth below.
    b. In paragraph (a)(1)(iii), the table would be revised to read as 
set forth below.


354.1  Overtime work at border ports, sea ports, and airports.

    (a)(1) * * *

  Overtime for Inspection, Laboratory Testing, Certification, or Quarantine of Plant, Plant Products, Animals,
                                 Animal Products or Other Regulated Commodities
----------------------------------------------------------------------------------------------------------------
                                                               Overtime rates (per hour)
 Outside the employee's normal tour  ---------------------------------------------------------------------------
               of duty                  Oct. 1, 2002-      Oct. 1, 2003-      Oct. 1, 2004-     Beginning  Oct.
                                        Sept. 30, 2003     Sept. 30, 2004     Sept. 30, 2005        1, 2005
----------------------------------------------------------------------------------------------------------------
Monday through Saturday and holidays             $46.00             $48.00             $49.00             $51.00
Sundays.............................              61.00              63.00              65.00              67.00
----------------------------------------------------------------------------------------------------------------

* * * * *
    (iii) * * *

                             Overtime for Commercial Airline Inspection Services \1\
----------------------------------------------------------------------------------------------------------------
                                                               Overtime rates (per hour)
 Outside the employee's normal tour  ---------------------------------------------------------------------------
               of duty                  Oct. 1, 2002-      Oct. 1, 2003-      Oct. 1, 2004-     Beginning  Oct.
                                        Sept. 30, 2003     Sept. 30, 2004     Sept. 30, 2005        1, 2005
----------------------------------------------------------------------------------------------------------------
Monday through Saturday and holidays             $37.00             $39.00             $40.00             $41.00
Sundays.............................              49.00              51.00              53.00             55.00
----------------------------------------------------------------------------------------------------------------
\1\ These charges exclude administrative overhead costs.


[[Page 13867]]

* * * * *

PART 97--OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS

    3. The authority citation for part 97 would continue to read as 
follows:


    Authority: 7 U.S.C. 8301-8317; 49 U.S.C. 80503; 7 CFR 2.22, 
2.80, and 371.4.
    4. Section 97.1 would be amended as follows:
    a. In the introductory text of paragraph (a), the table would be 
revised to read as set forth below.
    b. In paragraph (a)(3), the table would be revised to read as set 
forth below.


97.1  Overtime services relating to imports and exports.

    (a) * * *

 Overtime for Inspection, Laboratory Testing, Certification, or Quarantine of Animals, Animal Products or Other
                                              Regulated Commodities
----------------------------------------------------------------------------------------------------------------
                                                               Overtime rates (per hour)
 Outside the employee's normal tour  ---------------------------------------------------------------------------
               of duty                  Oct. 1, 2002-      Oct. 1, 2003-      Oct. 1, 2004-     Beginning  Oct.
                                        Sept. 30, 2003     Sept. 30, 2004     Sept. 30, 2005        1, 2005
----------------------------------------------------------------------------------------------------------------
Monday through Saturday and holidays             $46.00             $48.00             $49.00             $51.00
Sundays.............................              61.00              63.00              65.00              67.00
----------------------------------------------------------------------------------------------------------------

* * * * *
    (3) * * *

                             Overtime for Commercial Airline Inspection Services \1\
----------------------------------------------------------------------------------------------------------------
                                                     Overtime rates (per hour)
 Outside the employee's normal tour  ---------------------------------------------------------  Beginning  Oct.
               of duty                  Oct. 1, 2002-      Oct. 1, 2003-      Oct. 1, 2004-         1, 2005
                                        Sept. 30, 2003     Sept. 30, 2004     Sept. 30, 2005
----------------------------------------------------------------------------------------------------------------
Monday through Saturday and holidays             $37.00             $39.00             $40.00             $41.00
Sundays.............................              49.00              51.00              53.00             55.00
----------------------------------------------------------------------------------------------------------------
\1\ These charges exclude administrative overhead costs.

* * * * *

PART 130--USER FEES

    5. The authority citation for part 130 would continue to read as 
follows:

    Authority: 5 U.S.C. 5542; 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 
136 and 136a; 31 U.S.C. 3701, 3716, 3717, 3719, and 3720A; 7 CFR 
2.22, 2.80, and 371.4

    .6. Section 130.2 would be amended as follows:
    a. In paragraph (a), the table would be revised to read as set 
forth below.
    b. In paragraph (b), the table would be revised to read as set 
forth below.


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.

    (a) * * *

------------------------------------------------------------------------
                                               Daily user fee
                                   -------------------------------------
          Animal or bird              Oct. 1, 2002-     Beginning  Oct.
                                      Sept. 30, 2003        1, 2003
------------------------------------------------------------------------
Birds (excluding ratites and pet
 birds imported in accordance with
 Part 93 of this subchapter):
    0-250 grams...................              $1.50              $1.75
    251-1,000 grams...............               5.50               5.75
    Over 1,000 grams..............              13.00              13.00
Domestic or zoo animals (except
 equines, birds, and poultry):
    Bison, bulls, camels, cattle,              100.00             102.00
     or zoo animals...............
    All others, including, but not              26.00              27.00
     limited to, alpacas, llamas,
     goats, sheep, and swine......
Equines (including zoo equines,
 but excluding miniature horses):
    1st through 3rd day (fee per               264.00             270.00
     day).........................
    4th through 7th day (fee per               191.00             195.00
     day).........................
    8th and subsequent days (fee               162.00             166.00
     per day).....................
Miniature horses..................              60.00              61.00
Poultry (including zoo poultry):
    Doves, pigeons, quail.........               3.25               3.50
    Chickens, ducks, grouse,                     6.25               6.25
     guinea fowl, partridge, pea
     fowl, pheasants..............
    Large poultry and large                     14.00              15.00
     waterfowl, including, but not
     limited to game cocks, geese,
     swans, and turkeys...........
Ratites:
    Chicks (less than 3 months                   9.00               9.25
     old).........................
    Juveniles (3 months through 10              14.00              14.00
     months old)..................
    Adults (11 months old and                   26.00              27.00
     older).......................
------------------------------------------------------------------------


[[Page 13868]]

    (b) * * *

------------------------------------------------------------------------
                                               Daily user fee
                                   -------------------------------------
   Bird or poultry (nonstandard       Oct. 1, 2002-
    housing, care, or handling)       Sept. 30, 2003   Beginning Oct. 1,
                                                              2003
------------------------------------------------------------------------
Birds 0-250 grams and doves,                    $5.50              $5.75
 pigeons, and quail...............
Birds 251-1,000 grams and poultry               13.00              13.00
 such as chickens, ducks, grouse,
 guinea fowl, partridge, pea fowl,
 and pheasants....................
Birds over 1,000 grams and large                25.00              25.00
 poultry and large waterfowl,
 including, but not limited to
 game cocks, geese, swans, and
 turkeys..........................
------------------------------------------------------------------------

* * * * *
    7. In Sec.  130.3, paragraph (a)(1), the table would be revised to 
read as follows:


Sec.  130.3  User fees for exclusive use of space at APHIS Animal 
Import Centers.

    (a)(1) * * *

------------------------------------------------------------------------
                                              Monthly user fee
                                   -------------------------------------
       Animal import center           Oct. 1, 2002-
                                      Sept. 30, 2003    Beginning  Oct.
                                                            1, 2003
------------------------------------------------------------------------
Newburgh, NY:
    Space A, 5,396 sq. ft. (503.1             $57,630            $59,254
     sq. m.)......................
    Space B, 8,903 sq. ft. (827.1              95,085             97,764
     sq. m.)......................
    Space C, 905 sq. ft. (84.1 sq.              9,666              9,938
     m.)..........................
------------------------------------------------------------------------

* * * * *
    8. In Sec.  130.4, the table would be revised to read as follows:


Sec.  130.4  User fees for processing import permit applications.

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                                                          User fee
                                                                           -------------------------------------
                  Service                                 Unit                Oct. 1, 2002-
                                                                              Sept. 30, 2003   Beginning Oct. 1,
                                                                                                      2003
----------------------------------------------------------------------------------------------------------------
Import compliance assistance:
    Simple (2 hours or less)...............  Per release..................             $68.00             $70.00
    Complicated (more than 2 hours)........  Per release..................             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
    Amended permit.........................  Per amended application......              47.00              47.00
    Renewed permit \2\.....................  Per application..............              61.00              61.00
    Processing an application for a permit   Per application..............             322.00            322.00
     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.

    9. In Sec.  130.6, paragraph (a), the table would be revised to 
read as follows:


Sec.  130.6  User fees for inspection of live animals at land border 
ports along the United States-Mexico border.

    (a) * * *

------------------------------------------------------------------------
                                              Per head user fee
                                   -------------------------------------
        Type of live animal           Oct. 1, 2002-
                                      Sept. 30, 2003   Beginning Oct. 1,
                                                              2003
------------------------------------------------------------------------
Any ruminants (including breeder                $8.75              $9.00
 ruminants) not covered below.....
Feeder............................               2.50               2.50
Horses, other than slaughter......              43.00              44.00
In-bond or in-transit.............               5.50               5.75
Slaughter.........................               3.75               3.75
------------------------------------------------------------------------

* * * * *
    10. In Sec.  130.7, paragraph (a), the table would be revised to 
read as follows:

[[Page 13869]]

Sec.  130.7  User fees for import or entry services for live animals at 
land border ports along the United States-Canada border.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                          User fee
                                                                           -------------------------------------
            Type of live animal                           Unit                Oct. 1, 2002-
                                                                              Sept. 30, 2003   Beginning Oct. 1,
                                                                                                      2003
----------------------------------------------------------------------------------------------------------------
   Animals being imported into the United
                   States
Breeding animals (Grade animals, except
 horses):
    Sheep and goats........................  Per head.....................              $0.50              $0.50
    Swine..................................  Per head.....................               0.75               0.75
    All others.............................  Per head.....................               3.25               3.25
Feeder animals:
    Cattle (not including calves)..........  Per head.....................               1.50               1.50
    Sheep and calves.......................  Per head.....................               0.50               0.50
    Swine..................................  Per head.....................               0.25               0.25
Horses (including registered horses), other  Per head.....................              28.00              29.00
 than slaughter and in-transit.
Poultry (including eggs), imported for any   Per load.....................              48.00              50.00
 purpose.
Registered animals (except horses).........  Per head.....................               5.75               6.00
Slaughter animals (except poultry).........  Per load.....................              24.00              25.00
Animals transiting \1\ the United States:
    Cattle.................................  Per head.....................               1.50               1.50
    Sheep and goats........................  Per head.....................               0.25               0.25
    Swine..................................  Per head.....................               0.25               0.25
    Horses and all other animals...........  Per head.....................               6.75              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.

* * * * *
    11. In Sec.  130.8, paragraph (a), the table would be revised to 
read as follows:


Sec.  130.8  User fees for other services.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                          User fee
                                                                           -------------------------------------
                  Service                                 Unit                Oct. 1, 2002-
                                                                              Sept. 30, 2003   Beginning Oct. 1,
                                                                                                      2003
----------------------------------------------------------------------------------------------------------------
       Germ plasm being exported: \1\
Embryo:
    Up to 5 donor pairs....................  Per certificate..............             $81.00             $83.00
    Each additional group of donor pairs,    Per group of donor pairs.....              36.00              37.00
     up to 5 pairs per group, on the same
     certificate.
    Semen..................................  Per certificate..............              49.00              51.00
Release from export agricultural hold:
    Simple (2 hours or less)...............  Per release..................              68.00              70.00
    Complicated (more than 2 hours)........  Per release..................             174.00            180.00
----------------------------------------------------------------------------------------------------------------
\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 130.30 will apply.

* * * * *
    12. Section 130.10 would be amended as follows:
    a. In paragraph (a), the table would be revised to read as set 
forth below.
    b. In paragraph (b), the table would be revised to read as set 
forth below.


Sec.  130.10  User fees for pet birds.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                          User fee
                                                                           -------------------------------------
                  Service                                 Unit                Oct. 1, 2002-     Beginning  Oct.
                                                                              Sept. 30, 2003        1, 2003
----------------------------------------------------------------------------------------------------------------
(1) Which have been out of the United        Per lot......................            $105.00            $108.00
 States 60 days or less.
(2) Which have been out of the United        Per lot......................             250.00             257.00
 States more than 60 days.
----------------------------------------------------------------------------------------------------------------

    (b) * * *

[[Page 13870]]



----------------------------------------------------------------------------------------------------------------
                                                                                       Daily user fee
                                                                           -------------------------------------
                        Number of birds in isolette                           Oct. 1, 2002-     Beginning  Oct.
                                                                              Sept. 30, 2003        1, 2003
----------------------------------------------------------------------------------------------------------------
1.........................................................................              $9.00              $9.25
2.........................................................................              11.00              11.00
3.........................................................................              13.00              13.00
4.........................................................................              15.00              15.00
5 or more.................................................................              17.00              18.00
----------------------------------------------------------------------------------------------------------------

* * * * *
    13. In Sec.  130.11, paragraph (a), the table would be revised to 
read as follows:


Sec.  130.11  User fees for inspecting and approving import/export 
facilities and establishments.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                          User fee
                                                                           -------------------------------------
                  Service                                 Unit                Oct. 1, 2002--
                                                                              Sept. 30, 2003   Beginning Oct. 1,
                                                                                                      2003
----------------------------------------------------------------------------------------------------------------
Embryo collection center inspection and      Per year.....................            $369.00            $380.00
 approval (all inspections required during
 the year for facility approval).
Inspection for approval of biosecurity       Per inspection...............             977.00             977.00
 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 required              404.75             404.75
                                              during the year.
    Renewal................................  For all inspections required              289.00             289.00
                                              during the year.
Inspection for approval of pet food
 spraying and drying facilities:
    Initial approval.......................  For all inspections required              275.00             275.00
                                              during the year.
    Renewal................................  For all inspections required              162.00             162.00
                                              during the year.
Inspection for approval of slaughter
 establishment:
    Initial approval (all inspections).....  Per year.....................             362.00             373.00
    Renewal (all inspections)..............  Per year.....................             314.00             323.00
Inspection of approved establishments,
 warehouses, and facilities under 9 CFR
 parts 94 through 96:
    Approval (compliance agreement) (all     Per year.....................             386.00             398.00
     inspections for first year of 3-year
     approval).
    Renewed approval (all inspections for    Per year.....................             223.00             230.00
     second and third years of 3-year
     approval).
----------------------------------------------------------------------------------------------------------------

* * * * *
    14. Section 130.20 would be amended as follows:
    a. In paragraph (a), the table would be revised to read as set 
forth below.
    b. In paragraph (b)(1), the table would be revised to read as set 
forth below.


130.20  User fees for endorsing export certificates.

    (a) * * *

------------------------------------------------------------------------
                                                  User fee
                                   -------------------------------------
      Certificate categories          Oct. 1, 2002--
                                      Sept. 30, 2003   Beginning Oct. 1,
                                                              2003
------------------------------------------------------------------------
Animal and nonanimal products.....             $31.00             $32.00
Hatching eggs.....................              29.00              30.00
Poultry, including slaughter                    29.00              30.00
 poultry..........................
Ruminants, except slaughter                     33.00              33.00
 ruminants........................
Slaughter animals (except poultry               34.00              35.00
 but including ruminants) moving
 to Canada or Mexico..............
Other endorsements or                           23.00              24.00
 certifications...................
------------------------------------------------------------------------

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

[[Page 13871]]



------------------------------------------------------------------------
                                                  User fee
  Number of tests or vaccinations  -------------------------------------
 and number of animals or birds on    Oct. 1, 2002-     Beginning  Oct.
          the certificate             Sept. 30, 2003        1, 2003
------------------------------------------------------------------------
1-2 tests or vaccinations:
    First animal..................             $74.00             $76.00
    Each additional animal........               4.25               4.25
3-6 tests or vaccinations:
    First animal..................              91.00              94.00
    Each additional animal........               7.00               7.25
7 or more tests or vaccinations:
    First animal..................             106.00             109.00
    Each additional animal........               8.25               8.50
------------------------------------------------------------------------

* * * * *
    15. Section 130.30 would be revised to read as follows:
    a. In paragraph (a), the table would be revised to read as set 
forth below.
    b. In paragraph (b), the table would be revised to read as set 
forth below.


Sec.  130.30  Hourly rate and minimum user fees.

    (a) * * *

------------------------------------------------------------------------
                                                  User fee
                                   -------------------------------------
                                      Oct. 1, 2002-     Beginning  Oct.
                                      Sept. 30, 2003        1, 2003
------------------------------------------------------------------------
Hourly rate:
    Per hour......................             $84.00             $84.00
    Per quarter hour..............              21.00              21.00
Per service minimum fee...........              24.00              25.00
------------------------------------------------------------------------

    (b) * * *

------------------------------------------------------------------------
                                            Premium rate user fee
                                   -------------------------------------
   Overtime rates  (outside the       Oct. 1, 2002-
  employee's normal tour of duty)     Sept. 30, 2003   Beginning Oct. 1,
                                                              2003
------------------------------------------------------------------------
Premium hourly rate Monday through
 Saturday and holidays:
    Per hour......................             $96.00            $100.00
    Per quarter hour..............              24.00              25.00
Premium hourly rate for Sundays:
    Per hour......................             108.00             112.00
    Per quarter hour..............              27.00              28.00
------------------------------------------------------------------------

* * * * *
    16. In Sec.  130.50, paragraph (b)(3)(i), the table would be 
revised to read as follows:


Sec.  130.50  Payment of user fees.

* * * * *
    (b) * * *
    (3) * * *
    (i) * * *

----------------------------------------------------------------------------------------------------------------
                                                               Overtime rates (per hour)
                                     ---------------------------------------------------------------------------
  Outside of the employee's normal      Oct. 1, 2002-      Oct. 1, 2003-      Oct. 1, 2004-
            tour of duty                Sept. 30, 2003     Sept. 30, 2004     Sept. 30, 2005   Beginning Oct. 1,
                                                                                                      2005
----------------------------------------------------------------------------------------------------------------
Rate for inspection, testing,
 certification or quarantine of
 animals, animal products or other
 commodities: 3
    Monday-Saturday and holidays....             $46.00             $48.00             $49.00             $51.00
    Sundays.........................              61.00              63.00              65.00              67.00
Rate for commercial airline
 inspection services: 4
    Monday-Saturday and holidays....              37.00              39.00              40.00              41.00
    Sundays.........................              49.00              51.00              53.00              55.00
----------------------------------------------------------------------------------------------------------------
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 Sec.   97.1(b) of this chapter
  for specific information about commuted travel time.)
3 See Sec.   97.1(a) of this chapter or 7 CFR 354.3 for details.
4 See Sec.   97.1(a)(3) of this chapter for details.


[[Page 13872]]

* * * * *

    Done in Washington, DC, this 18th day of March, 2003.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-6797 Filed 3-20-03; 8:45 am]
BILLING CODE 3410-34-P