[Federal Register Volume 72, Number 136 (Tuesday, July 17, 2007)]
[Proposed Rules]
[Pages 39025-39028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13775]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 354

9 CFR Parts 130 and 156

[Docket No. APHIS-2006-0028]
RIN 0579-AC44


User Fees; Updates and Clarifications

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend our Agricultural Quarantine and 
Inspection Services user fee regulations to update an address that 
appears in several places. We are also proposing to make several 
nonsubstantive changes to the Veterinary Services user fees regulations 
to correct errors and to clarify the services covered by certain 
existing user fees. These proposed changes, which do not affect any 
existing fees, are necessary to ensure that the user fee regulations 
are up-to-date and ensure their clarity.

DATES: We will consider all comments that we receive on or before 
September 17, 2007.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov, select ``Animal and Plant Health Inspection 
Service'' from the agency drop-down menu, then click ``Submit.'' In the 
Docket ID column, select APHIS-2006-0028 to submit or view public 
comments and to view supporting and related materials available 
electronically. Information on using Regulations.gov, including 
instructions for accessing documents, submitting comments, and viewing 
the docket after the close of the comment period, is available through 
the site's ``User Tips'' link.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to APHIS-2006-0028, 
Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 
River Road, Unit 118, Riverdale, MD 20737-1238. Please state that your 
comment refers to APHIS-2006-0028.
    Reading Room: 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.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Mrs. Kris Caraher, User Fees Section 
Head, Financial Services Branch, Financial Management Division, MRBPS, 
APHIS, 4700 River Road, Unit 54, Riverdale, MD 20737-1232; (301) 734-
5901.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 7 CFR, chapter III, and 9 CFR, chapter I, 
subchapter D, require inspection, laboratory testing, certification, or 
quarantine of certain plants, plant products, animals, animal products, 
or other commodities intended for importation into, or exportation 
from, the United States.
    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 Secretary of Agriculture to collect user fees for 
agricultural quarantine and inspection (AQI) services. The FACT Act was 
amended on April 4, 1996, and May 13, 2002.

[[Page 39026]]

    The user fees to reimburse the Animal and Plant Health Inspection 
Service (APHIS) for the costs of providing inspections for AQI services 
are contained in 7 CFR part 354. In this document, we propose to amend 
the AQI international services user fee regulations by correcting and 
updating the remittance addresses in Sec.  354.3 to reflect the proper 
addresses for mailings. All current customers have already received 
notices regarding these changes; however, we need to correct the 
information that appears in the regulations.
    The FACT Act also authorizes the Secretary of Agriculture to, among 
other things, prescribe and collect fees to reimburse the Secretary for 
the cost of carrying out the provisions of the Federal animal 
quarantine laws that relate to the importation, entry, and exportation 
of animals, articles, or means of conveyance. The Secretary is also 
authorized to prescribe and collect fees to recover the costs of 
carrying out certain veterinary diagnostics services.
    The user fee regulations in 9 CFR part 130 (referred to below as 
the regulations) prescribe user fees that APHIS collects for various 
services that we provide. The regulations currently include fees for: 
(1) Endorsing export certificates for animals; (2) providing quarantine 
services within the United States for imported animals; (3) providing 
certain inspection and supervision services within the United States 
for animals intended for export; (4) conducting certain veterinary 
inspections outside the United States; and (5) conducting certain 
veterinary diagnostics services.
    We would make several nonsubstantive changes to the regulations. 
These proposed changes are explained below.
    In Sec.  130.4, User fees for processing import permit 
applications, we would add a sentence at the end of the introductory 
text of the section in order to clarify for our customers that user 
fees for processing applications for permits to import certain animals 
and animal products (using VS forms 16-3 and 17-129) are nonrefundable. 
While none of our user fees are refundable, the user fees in this case 
pertain to the processing of the import permit application, not to the 
permit itself. Because the user fees in this case apply whether or not 
import permits are issued to the applicants, some customers ask for 
clarification regarding the nonrefundability of the fees.
    In Sec.  130.7, User fees for import or entry services for live 
animals at land border ports along the United States-Canada border, we 
would clarify that if a service must be conducted on a Sunday or 
holiday or at any other time outside the normal tour of duty of the 
employee, then reimbursable overtime, as provided for in 9 CFR part 97, 
must be paid for each service in addition to the user fee listed in 
this section. Because we currently charge reimbursable overtime in the 
abovementioned circumstances, as provided for in Sec.  97.1, we believe 
it would be helpful to include this reference in the user fee 
regulations.
    In Sec.  130.11, User fees for inspecting and approving import/
export facilities and establishments, we would amend paragraph (a), 
which applies user fees for inspecting and approving import/export 
facilities and establishments, by clarifying that these user fees do 
not apply to inspection activities covered in Sec.  130.30(a)(2), which 
pertains to inspections required either to obtain import permits for 
animal products, aquaculture products, or organisms or vectors, or to 
maintain compliance with import permits. We provide these facility 
inspection services frequently and customers regularly ask for 
clarification as to which user fee applies. Conversely, we would amend 
Sec.  130.30(a)(2), which sets out the hourly rate for laboratory and 
facility inspections, by clarifying that the hourly rate in this 
paragraph also applies to inspections of biosecurity level two 
facilities, and that this hourly rate does not apply to inspection 
activities covered in Sec.  130.11. We provide these services 
frequently and customers regularly ask for clarification as to which 
user fees apply. We currently charge the hourly rate for inspections of 
biosecurity level two facilities, so there will not be any change in 
fees.
    In Sec.  130.20, User fees for endorsing export certificates, 
paragraph (b)(1) pertains to user fees for the endorsement of export 
health certificates that require APHIS to verify tests or vaccinations. 
In the table in that paragraph, we would amend the entry for 
nonslaughter horses to Canada by replacing the word ``animal'' with 
``horse'' for the sake of clarity. Additionally, because the applicable 
user fee increases with the number of tests and vaccinations that must 
be verified, we would add a footnote to the chart to clarify that 
rabies vaccinations are not counted in this number. Almost all 
domesticated animals and livestock in the United States are vaccinated 
for rabies, and we do not spend a significant amount of time looking at 
the rabies vaccination paperwork.
    We would also amend Sec.  130.30, paragraph (a)(4), which applies 
hourly rate fees to services provided for imported birds or ratites 
that are not subject to quarantine, by specifically mentioning that 
these hourly rate fees cover services such as monitoring birds, 
including but not limited to pet birds, between flights. We provide 
this service frequently and customers regularly need clarification as 
to which user fees apply. We currently charge the hourly rate to 
monitor birds between flights, so there will not be any change in fees.
    We would also amend Sec.  130.30, paragraph (a), by specifically 
identifying additional services for which APHIS charges an hourly rate. 
These services are currently covered under the general catch-all text 
of paragraph (a)(13)--i.e., under ``other import-or export-related 
services for which there is no flat rate user fee specified elsewhere 
in this part''--but we provide these services frequently and customers 
regularly request clarification as to which user fees apply.
    The specific services we would add are:
     Import or entry services for feeder animals including, but 
not limited to, feeder goats and feeder bison not covered by a flat 
rate user fee in Sec.  130.7;
     Bird banding for identification;
     Inspection and approval of pet food facilities, including 
laboratories that perform pet food testing;
     Services provided at animal auctions, such as signing 
export health certificates; and
     Various facility inspections, including, but not limited 
to, fertilizer plants that utilize poultry waste, rendering plants, and 
potential embarkation facilities.
    Finally, we would clarify that user fees for services under part 
130 (specifically, user fees in Sec. Sec.  130.2 through 130.8) apply 
whenever APHIS provides the services, be it through APHIS employees, 
contract veterinarians, or other personnel. We would do this by adding 
language to the regulations stating that user fees are payable for any 
service rendered by an APHIS representative, which is defined in Sec.  
130.1 as: ``An individual, including but not limited to, an animal 
health technician or veterinarian, authorized by the Administrator to 
perform services for which the user fees in this part are charged.'' 
This change is necessary to clarify for our customers that when APHIS 
provides services through an APHIS representative, such as contract 
veterinarians or other personnel, user fees still apply.

[[Page 39027]]

Changes in Part 156: Voluntary Inspection and Certification Service

    The regulations in 9 CFR part 156 govern the inspection and 
certification of animal byproducts. Within these regulations, there are 
provisions regarding cooperative agreements between the Department and 
some other Federal or State agency, board of trade, chamber of 
commerce, or other agency, association, organization, person, or 
corporation as provided for in section 205 of the Agricultural 
Marketing Act of 1946 (7 U.S.C. 1624) to provide services under part 
156.
    In this document, we are proposing to remove those references to 
cooperative agreements because the export product endorsement and 
inspection services formerly covered by those agreements are now 
covered by user fees in 9 CFR part 130.

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.
    This proposed rule would amend our AQI user fee regulations by 
updating an address that appears in several places. We would also make 
several nonsubstantive changes to the Veterinary Services user fees 
regulations to correct errors and to clarify existing user fee 
services. The proposed changes to the regulations are administrative in 
nature and will not result in any new fees being charged or any 
additional entities becoming subject to user fees.
    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 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 in conflict 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

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

9 CFR Part 130

    Animals, Birds, Diagnostic reagents, Exports, Imports, Poultry and 
poultry products, Quarantine, Reporting and recordkeeping requirements, 
Tests.

9 CFR Part 156

    Exports, Livestock, Poultry and poultry products, Reporting and 
recordkeeping requirements.
    Accordingly, we propose to amend 7 CFR part 354 and 9 CFR parts 130 
and 156 as follows:

TITLE 7--[AMENDED]

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

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

    Authority: 7 U.S.C. 7701-7772, 7781-7786, and 8301-8317; 21 
U.S.C. 136 and 136a; 49 U.S.C. 80503; 7 CFR 2.22, 2.80, and 371.3.


Sec.  354.3  [Amended]

    2. In Sec.  354.3, paragraphs (d)(4) introductory text, (d)(5), 
(d)(6), (e)(3)(i), (e)(3)(ii) introductory text, (e)(4), (f)(5)(i), 
(f)(5)(ii), (f)(5)(iii) introductory text, (f)(6), and (f)(7), remove 
the words ``Box 952181, St. Louis, MO 63195-2181'' and add the words 
``Box 979044, St. Louis, MO 63197-9000'' in their place.

TITLE 9--[AMENDED]

PART 130--USER FEES

    3. The authority citation for part 130 continues 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.


Sec.  130.2  [Amended]

    4. In Sec.  130.2, paragraph (a), the first sentence is amended by 
adding the words ``for any service rendered by an APHIS 
representative'' after the word ``fees''.


Sec.  130.3  [Amended]

    5. In Sec.  130.3, paragraph (c)(3) is amended by removing the 
words ``for those services'' and adding the words ``for any service 
rendered by an APHIS representative'' in their place.


Sec.  130.4  [Amended]

    6. In Sec.  130.4, the first sentence of the section is amended by 
adding the words ``for any service rendered by an APHIS 
representative'' after the word ``fees'', and the sentence ``These fees 
are nonrefundable.'' is added after the second sentence.


Sec.  130.5  [Amended]

    7. In Sec.  130.5, paragraph (a), the first sentence is amended by 
adding the words ``for any service rendered by an APHIS 
representative'' after the word ``fees''.


Sec.  130.6  [Amended]

    8. In Sec.  130.6, paragraph (a), the first sentence is amended by 
adding the words ``for any service rendered by an APHIS 
representative'' after the word ``fees''.
    9. Section 130.7 is amended as follows:
    a. In paragraph (a), first sentence, by adding the words ``for any 
service rendered by an APHIS representative'' after the word ``fees''.
    b. By adding paragraph (b) to read as set forth below.


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

* * * * *
    (b) If a service must be conducted on a Sunday or holiday or at any 
other time outside the normal tour of duty of the employee, then 
reimbursable overtime, as provided for in part 97 of this chapter, must 
be paid for each service, in addition to the user fee listed in this 
section.


Sec.  130.8  [Amended]

    10. In Sec.  130.8, paragraph (a), the first sentence is amended by 
adding the words ``for any service rendered by an APHIS 
representative'' after the word ``fees''.


Sec.  130.11  [Amended]

    11. In Sec.  130.11, paragraph (a) is amended by adding the 
sentence ``These user fees do not apply to inspection activities 
covered in Sec.  130.30(a)(2).'' after the last sentence.
    12. In Sec.  130.20, paragraph (b)(1) is amended by adding footnote 
1 in the table heading and by revising in the table the entry for 
``Nonslaughter horses to Canada'' to read as follows:


Sec.  130.20  User fees for endorsing export certificates.

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

[[Page 39028]]



------------------------------------------------------------------------
                                                             User fee
 Number 1 of tests or vaccinations and number of animals  beginning Oct.
               or birds on the certificate                    1, 2003
------------------------------------------------------------------------
 
                              * * * * * * *
Nonslaughter horses to Canada:
    First horse.........................................          $38.00
    Each additional horse...............................            4.25
 
                              * * * * * * *
------------------------------------------------------------------------
\1\ Rabies vaccinations are not included in this number.

* * * * *
    13. Section 130.30 is amended as follows:
    a. In the introductory text of paragraph (a), by removing the words 
``through (a)(13)'' and adding the words ``through (a)(18)'' in their 
place.
    b. Paragraph (a)(2) is revised.
    c. In paragraph (a)(4), by adding the words ``, such as monitoring 
birds-including but not limited to pet birds-between flights'' after 
the word ``quarantine''.
    d. Paragraph (a)(13) is redesignated as paragraph (a)(18), and new 
paragraphs (a)(13), (a)(14), (a)(15), (a)(16), and (a)(17) are added to 
read as set forth below.


Sec.  130.30  Hourly rate and minimum user fees.

    (a) * * *
* * * * *
    (2) Conducting inspections, including inspections of laboratories 
and facilities (such as biosecurity level two facilities), required 
either to obtain import permits for animal products, aquaculture 
products, or organisms or vectors, or to maintain compliance with 
import permits. This hourly rate does not apply to inspection 
activities covered in Sec.  130.11.
* * * * *
    (13) Import or entry services for feeder animals including, but not 
limited to, feeder goats and feeder bison not covered by a flat rate 
user fee in Sec.  130.7.
    (14) Export-related bird banding for identification.
    (15) Export-related inspection and approval of pet food facilities, 
including laboratories that perform pet food testing.
    (16) Export-related services provided at animal auctions.
    (17) Various export-related facility inspections, including, but 
not limited to, fertilizer plants that utilize poultry waste, rendering 
plants, and potential embarkation facilities.
* * * * *

PART 156--VOLUNTARY INSPECTION AND CERTIFICATION SERVICE

    14. The authority citation for part 156 continues to read as 
follows:

    Authority: 7 U.S.C. 1622 and 1624; 21 U.S.C. 136a; 7 CFR 2.22, 
2.80, and 371.4.


Sec.  156.2  [Amended]

    15. Section 156.2 is amended as follows:
    a. By removing the definition of cooperative agreement.
    b. In the definition of inspector, by removing the words ``under a 
cooperative agreement''.


Sec.  156.4  [Amended]

    16. Section 156.4 is amended by removing the words ``under a 
cooperative agreement''.


Sec.  156.5  [Amended]

    17. Section 156.5 is amended by removing the words ``service is to 
be furnished under a cooperative agreement;'' and adding the words 
``the requirements of part 130 of this title are met;'' in their place.
    18. Section 156.7 is revised to read as follows:


Sec.  156.7  User fees under 9 CFR part 130.

    User fees under part 130 of this chapter for service (including 
travel and other expenses incurred in connection with the furnishing of 
service) under this part shall be paid by the applicant. If required by 
the Administrator, the user fees under part 130 of this chapter shall 
be paid in advance. Since the user fees under part 130 of this chapter 
are for the purpose of reimbursing the Department for all costs 
incurred in connection with the furnishing of service under this part, 
the appropriate user fees under part 130 of this chapter to cover any 
such costs shall be paid even if service is withheld pursuant to Sec.  
156.8.

    Done in Washington, DC, this 11th day of July 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-13775 Filed 7-16-07; 8:45 am]
BILLING CODE 3410-34-P