[Federal Register Volume 72, Number 239 (Thursday, December 13, 2007)]
[Rules and Regulations]
[Pages 70765-70767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24177]


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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: Final rule.

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

EFFECTIVE DATE: January 14, 2008.

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

    On July 17, 2007, we published in the Federal Register (72 FR 
39025-39028, Docket No. APHIS-2006-0028) a proposal \1\ to amend our 
Agricultural Quarantine and Inspection (AQI) Services user fee 
regulations contained in 7 CFR part 354 to update an address that 
appears in several places. We also proposed several nonsubstantive 
changes to the Veterinary Services user fee regulations contained in 9 
CFR part 130 to correct errors and to clarify the services covered by 
certain existing user fees. Finally, we proposed to remove all 
references to cooperative agreements in 9 CFR part 156 because the 
export product endorsement and inspection services formerly covered by 
those agreements are now covered by user fees in 9 CFR part 130. These 
changes, which do not affect any existing fees, are necessary to ensure 
that the user fee regulations are up to date and to ensure their 
clarity.
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    \1\ To view the proposed rule, go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2006-0028.
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    We solicited comments concerning our proposal for 60 days ending 
September 17, 2007. We did not receive any comments. Therefore, for the 
reasons given in the proposed rule, we are adopting the proposed rule 
as a final rule, without change.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. The rule 
has been determined to be not significant for the purposes of Executive 
Order 12866 and, therefore, has not been reviewed by the Office of 
Management and Budget.
    This rule amends our AQI user fee regulations by updating an 
address that appears in several places. We also make several 
nonsubstantive changes to the Veterinary Services user fee regulations 
to correct errors and to clarify existing user fee services. The 
changes to the regulations are administrative in nature and do 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 will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12988

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This rule: (1) Preempts all State and local laws 
and regulations that are in conflict with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This final 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.

0
Accordingly, we are amending 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

0
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]

0
2. In Sec.  354.3, paragraphs (d)(4) introductory text, (d)(5), (d)(6), 
(e)(3)(i), (e)(3)(ii), (e)(4), (f)(5)(i), (f)(5)(ii), (f)(5)(iii), 
(f)(6), and (f)(7), the words ``Box 952181, St. Louis, MO 63195-2181'' 
are removed and the words ``Box 979044, St. Louis, MO 63197-9000'' are 
added in their place.

TITLE 9--[AMENDED]

PART 130--USER FEES

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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]

0
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]

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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.

[[Page 70766]]

Sec.  130.4  [Amended]

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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]

0
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]

0
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''.

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9. Section 130.7 is amended as follows:
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a. In paragraph (a), first sentence, by adding the words ``for any 
service rendered by an APHIS representative'' after the word ``fees''.
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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]

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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]

0
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.

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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) * * *

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

* * * * *

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13. Section 130.30 is amended as follows:
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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.
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b. Paragraph (a)(2) is revised to read as set forth below.
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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''.
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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

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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]

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


Sec.  156.4  [Amended]

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


Sec.  156.5  [Amended]

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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.

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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

[[Page 70767]]

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 7th day of December 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-24177 Filed 12-12-07; 8:45 am]
BILLING CODE 3410-34-P