[Federal Register Volume 73, Number 108 (Wednesday, June 4, 2008)]
[Proposed Rules]
[Pages 31771-31780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12376]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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 

  Federal Register / Vol. 73, No. 108 / Wednesday, June 4, 2008 / 
Proposed Rules  

[[Page 31771]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 130

[Docket No. APHIS-2006-0144]
RIN 0579-AC59


Import/Export User Fees

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations concerning user fees 
for import- and export-related services that we provide for animals, 
animal products, birds, germ plasm, organisms, and vectors. We are 
proposing increases in those fees for fiscal years 2009 through 2013 in 
order to ensure that the fees accurately reflect the anticipated costs 
of providing these services each year. By publishing the annual user 
fee changes in advance, users can incorporate the fees into their 
budget planning. The user fees pay for the actual cost of providing 
these services.

DATES: We will consider all comments that we receive on or before 
August 4, 2008.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2006-0144 to submit or view comments and 
to view supporting and related materials available electronically.
     Postal Mail/Commercial Delivery: Please send two copies of 
your comment to Docket No. APHIS-2006-0144, 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 
Docket No. APHIS-2006-0144.
    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: For information concerning program 
operations, contact Ms. Inez Hockaday, Director, Management Support 
Staff, VS, APHIS, 4700 River Road, Unit 44, Riverdale, MD 20737-1231; 
(301) 734-7517.
    For information concerning user fee rate development, contact Mrs. 
Kris Caraher, User Fees Section Head, Financial Management Division, 
MRPBS, APHIS, 4700 River Road, Unit 54, Riverdale, MD 20737-1232; (301) 
734-5901.

SUPPLEMENTARY INFORMATION:

Background

    The regulations 9 CFR part 130 (referred to below as the 
regulations) list user fees for import- and export-related services 
provided by the Animal and Plant Health Inspection Service (APHIS) for 
animals, animal products, birds, germ plasm, organisms, and vectors. We 
propose to amend the user fees for these import- and export-related 
services to reflect the increased cost of providing these services.
    These user fees are authorized by section 2509(c)(1) of the Food, 
Agriculture, Conservation, and Trade Act of 1990, as amended (21 U.S.C. 
136a). APHIS is authorized to establish and collect fees that will 
cover the cost of providing import- and export-related services for 
animals, animal products, birds, germ plasm, organisms, and vectors.
    Since fiscal year (FY) 1992, APHIS has received no directly 
appropriated funds to provide import- and export-related services for 
animals, animal products, birds, germ plasm, organisms, and vectors. 
Our ability to provide these services depends on user fees. We change 
our user fees through the standard rulemaking process of publishing the 
proposed changes for public comment in the Federal Register, 
considering the comments, publishing the final changes in the Federal 
Register, and making the new user fees effective 30 days after the 
final rule is published.
    For our user fees to cover our costs so that we can continue to 
provide services and to inform our customers of user fees in time for 
advance planning, we propose to set user fees for our services in 
advance for fiscal years 2009 to 2013. The proposed user fees are based 
on our costs of providing import- and export-related services in fiscal 
year 2007, plus anticipated annual increases in the salaries of the 
employees who provide the services, plus adjustments for nonsalary 
inflation, such as travel expenses, fuel costs, and rent.
    If, by the end of FY 2013, we did not have user fees covering FY 
2014 in place, we would continue to charge the user fees for FY 2013 
until the new user fees are in effect. Therefore, the user fee tables 
in this document do not specify an end date for user fees that would 
become effective on October 1, 2012 (the beginning of FY 2013). We also 
plan to publish a notice in the Federal Register prior to the beginning 
of each fiscal year to remind or notify the public of the user fees for 
that particular fiscal year.

User Fee Components

    We calculate our user fees to cover the full cost of providing the 
services for which we charge the fee. The cost of providing a service 
includes direct labor, local support costs, Agency overhead, and 
departmental charges.
    Direct labor costs are the costs of employee time spent 
specifically to provide the service. For example, at APHIS's Animal 
Import Centers, animal caretakers and veterinarians prepare for the 
arrival of animals or birds to be quarantined in the Center, care for 
them (feed, water, clean cages or stalls) while they are quarantined, 
observe them while they are quarantined, release them from quarantine, 
and clean the quarantine area afterwards. If the service is inspecting 
an animal, the direct labor costs include the time spent by the 
inspector to conduct the inspection. Direct labor costs vary with the 
type of service provided.
    Local support costs include local clerical and administrative 
activities; indirect labor hours; travel and transportation for 
personnel; material, supplies, equipment, and other necessary items; 
training; general office

[[Page 31772]]

supplies; rent; equipment capitalization; billing and collection 
expenses; utilities; and contractual services. Indirect labor hours 
include supervision of personnel and time spent doing work that is not 
directly connected with the service but which is nonetheless necessary, 
such as repairing equipment. Materials and supplies include items like 
animal food and bedding, chemicals, and, in certain cases, medicine. 
Rent is the cost of using the space we need to perform import- or 
export-related work. If space is used for import- or export-related 
work and other Agency work, only that portion of the costs associated 
with the import- or export-related work is included in the user fees. 
Equipment capitalization is the cost per year to replace equipment. We 
determine this by establishing the life expectancy, in years, of 
equipment we use to provide a service 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. The type, amount, and cost of administrative support vary 
with the type of service provided.
    Agency overhead is the pro-rata share, attributable to a particular 
service, 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.
    Departmental charges are APHIS' 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 services. 
Additionally, the Department provides 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, as 
attributable to a particular service, in our fee calculations.
    We have added an amount that would provide for a reasonable 
balance, or reserve, in the Veterinary Services user fee account. We 
have determined that a reasonable reserve would be approximately 25 
percent of the annual cost of the Import/Export Program. All user fees 
will contribute to the reserve proportionately. The reserve would 
ensure that we have sufficient operating funds in cases of bad debt, 
customer insolvency, and fluctuations in activity volumes. We intend to 
monitor the balance closely and propose adjustments in our fees as 
necessary to ensure a reasonable balance.
    An outline of the basic process is shown below. The actual 
components, quantities, and costs used to calculate the fee are 
different for each service. The basic steps in the calculation for each 
particular service are:
    1. Determine the following costs:
     Direct labor costs,
     Pro-rata share of local support costs,
     Pro-rata share of agency overhead,
     Pro-rata share of departmental charges, and
     Pro-rata share of reserve.
    2. Add all costs.
    3. Round up to the next $0.25 for all fees less than $10 or round 
up or down to the nearest $1 for all fees greater than $10.
    The result of these calculations is the total cost to provide a 
particular service one time.
    As is the case with all APHIS user fees, we intend to review, at 
least annually, the user fees proposed in this document. We will 
publish any necessary adjustments in the Federal Register.

User Fees for Animals in APHIS Animal Import Centers (Sec.  130.2)

    Section 130.2 lists user fees charged for services we provide for 
animals quarantined in APHIS Animal Import Centers.
    We charge a daily user fee for each animal quarantined in an Animal 
Import Center. Different user fees reflect the varying costs of 
quarantining different animals. The user fee for each category of 
animal includes water, standard feed, housing, care, and handling. A 
separate user fee applies for birds and poultry that require 
nonstandard feed, housing, care, or handling.
    The proposed fees for fiscal years 2009-2013 are set forth in the 
regulatory text at the end of this document. As explained above, the 
proposed user fees are based on FY 2007 costs and include direct labor 
costs adjusted by 3 percent for FY 2009 through 2013 to cover increases 
in employee pay, and adjustments in estimated non-labor costs for 
inflation at 3.3 percent each year. The percentage changes in the user 
fees from one fiscal year to the next vary due to rounding.
    Section 130.2 also includes a user fee for the use of the transport 
ramp used to move animals on or off aircraft at APHIS' Animal Import/
Export and Plant Inspection Station at Miami International Airport. Due 
to a variety of factors, including the phasing out of aircraft used for 
walk-on loads of livestock and changes in the way animals are shipped 
by air, the transport ramp has not been used since October 2004 and 
will be sold. Therefore, we are proposing to remove the fee for use of 
the transport ramp from the regulations.

User Fees for Exclusive Use of Space for Animals Quarantined in APHIS 
Animal Import Centers (Sec.  130.3)

    Section 130.3 lists user fees charged when an importer uses an 
entire quarantine building at an Animal Import Center. If the space is 
available and the importer has enough animals to fill one of the full 
building spaces, then a single user fee applies. Depending upon the 
number and type of animals in the importation, the single user fee for 
the entire building may be less than the total user fee that would have 
been charged per animal under Sec.  130.2.
    Section 130.3 of the regulations list the location of the spaces, 
the square footage of the spaces, and the user fee for exclusive use of 
those spaces. The fees in Sec.  130.3 cover all costs of the quarantine 
except feed. The importer either provides the feed or pays for it on an 
actual cost basis, including the cost of delivery.
    The importer determines the species, sizes, and ages of the animals 
or birds in the importation, calls for a reservation, and requests the 
use of an entire building. At that time we determine, and inform the 
importer of, the maximum number of animals and birds we would permit. 
We limit the number of animals or birds to the maximum number which can 
be cared for without jeopardizing their health. In determining the 
maximum number, the veterinarian in charge of the Animal Import Center 
considers the species, size, and age of the animals, animal

[[Page 31773]]

husbandry needs, sanitation, ability to conduct tests, inspections, and 
support procedures.
    The proposed fees for fiscal years 2009-2013 are set forth in the 
regulatory text at the end of this document. As explained above, the 
proposed user fees are based on FY 2007 costs and include direct labor 
costs adjusted by 3 percent for fiscal years 2009 through 2013 to cover 
increases in employee pay, and adjustments in estimated non-labor costs 
for inflation at 3.3 percent each year. The percentage changes in the 
user fees from one fiscal year to the next vary due to rounding.

User Fees for Processing Import Permit Applications (Sec.  130.4)

    Section 130.4 lists user fees charged to provide import compliance 
assistance and to process applications for permits to import certain 
animals and animal products.
    Since the last time we set fees for these services, the amount of 
time needed to provide import compliance assistance has increased. 
Therefore, we are proposing to revise the fee categories from ``Simple 
(2 hours or less)'' and ``Complicated (more than 2 hours)'' to ``Simple 
(4 hours or less)'' and ``Complicated (more than 4 hours)'' to reflect 
more accurately the time needed to provide these services. We are also 
proposing to revise the unit description for these fees from ``per 
release'' to ``per shipment'' to reflect more accurately the way in 
which these requests are processed.
    These services are charged separately from permit fees, and are 
charged under a flat fee to prevent confusion or the appearance of 
double-billing. However, APHIS is considering whether these services 
would more appropriately be charged by the hourly rate. We welcome any 
comments on the subject of charging an hourly rate or flat rate fees 
for this additional import compliance assistance service.
    The proposed fees for fiscal years 2009-2013 are set forth in the 
regulatory text at the end of this document. As explained above, the 
proposed user fees are based on FY 2007 costs and include direct labor 
costs adjusted by 3 percent for fiscal years 2009 through 2013 to cover 
increases in employee pay, and adjustments in estimated non-labor costs 
for inflation at 3.3 percent each year. The percentage changes in the 
user fees from one fiscal year to the next vary due to rounding.

User Fees for Inspection of Live Animals at Ports of Entry (Sec. Sec.  
130.6 and 130.7)

    Sections 130.6 and 130.7 list user fees we charge for inspecting 
animals imported into the United States. We inspect animals to minimize 
the risk that they could introduce a foreign animal disease into the 
United States. We provide inspection services at U.S. border ports, 
airports, and ocean ports.
    For animals arriving at our borders with Canada and Mexico, we 
charge the user fee per animal or per load, depending on whether the 
animals are handled individually or as a group. The user fees vary with 
the location of the port of arrival and the type of animal. Different 
types of animals require different amounts and types of services. User 
fees for services at the United States-Mexico border are listed in 
Sec.  130.6. User fees for services at the United States-Canada border 
are listed in Sec.  130.7(a).
    The proposed fees for fiscal years 2009-2013 are set forth in the 
regulatory text at the end of this document. As explained above, the 
proposed user fees are based on FY 2007 costs and include direct labor 
costs adjusted by 3 percent for fiscal years 2009 through 2013 to cover 
increases in employee pay, and adjustments in estimated non-labor costs 
for inflation at 3.3 percent each year. The percentage changes in the 
user fees from one fiscal year to the next vary due to rounding.

User Fees for Other Services (Sec.  130.8)

    Section 130.8 lists the user fees we charge for a variety of other 
services we provide related to the importation into or exportation from 
the United States of animals, animal products, birds, germ plasm, 
organisms, and vectors.
    The proposed fees for fiscal years 2009-2013 are set forth in the 
regulatory text at the end of this document. As explained above, the 
proposed user fees are based on FY 2007 costs and include direct labor 
costs adjusted by 3 percent for fiscal years 2009 through 2013 to cover 
increases in employee pay, and adjustments in estimated non-labor costs 
for inflation at 3.3 percent each year. The percentage changes in the 
user fees from one fiscal year to the next vary due to rounding.

User Fees for Pet Birds (Sec.  130.10)

    Section 130.10 lists user fees charged for services we provide for 
pet birds that must be quarantined in an APHIS-owned or -supervised 
quarantine facility.
    In accordance with 9 CFR part 93, pet birds are normally 
quarantined for 30 days. We charge a daily user fee. The user fee 
applies per isolette and varies based on the number of pet birds in the 
isolette. That is, all the birds quarantined in one isolette are 
covered by one fee, which is assessed daily for the duration of the 
quarantine.
    This user fee recovers all costs of feeding, housing, handling, and 
caring for the birds. The user fee does not recover the costs of 
testing the birds, for which separate user fees apply.
    The proposed fees for fiscal years 2009-2013 are set forth in the 
regulatory text at the end of this document. As explained above, the 
proposed user fees are based on FY 2007 costs and include direct labor 
costs adjusted by 3 percent for fiscal years 2009 through 2013 to cover 
increases in employee pay, and adjustments in estimated non-labor costs 
for inflation at 3.3 percent each year. The percentage changes in the 
user fees from one fiscal year to the next vary due to rounding.

User Fees for Inspecting and Approving Import/Export Facilities and 
Establishments (Sec.  130.11)

    Section 130.11 lists the user fees for inspections of approved 
import/export facilities and establishments. These facilities include 
embryo collection centers, establishments approved by APHIS for the 
receipt and handling of restricted import animal products or 
byproducts, and bio-security level three laboratories that handle 
foreign or domestic animal disease agents, organisms, or vectors which 
require special biocontainment measures. Fees for inspections required 
for approved establishments, warehouses, and facilities under 9 CFR 
parts 94 through 96 are also listed in this section.
    The proposed fees for fiscal years 2009-2013 are set forth in the 
regulatory text at the end of this document. As explained above, the 
proposed user fees are based on FY 2007 costs and include direct labor 
costs adjusted by 3 percent for fiscal years 2009 through 2013 to cover 
increases in employee pay, and adjustments in estimated non-labor costs 
for inflation at 3.3 percent each year. The percentage changes in the 
user fees from one fiscal year to the next vary due to rounding.

User Fees for Endorsing Export Certificates (Sec.  130.20)

    Section 130.20 lists user fees we charge for endorsing certificates 
for animals or animal products exported from the United States. The 
importing countries often require these certificates to show that an 
animal has tested negative to specific animal diseases or that an 
animal or animal product has not been exposed to specific animal 
diseases.
    These user fees are intended to cover all of the costs associated 
with endorsing the certificates. The steps

[[Page 31774]]

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.
    The proposed fees for fiscal years 2009-2013 are set forth in the 
regulatory text at the end of this document. As explained above, the 
proposed user fees are based on FY 2007 costs and include direct labor 
costs adjusted by 3 percent for fiscal years 2009 through 2013 to cover 
increases in employee pay, and adjustments in estimated non-labor costs 
for inflation at 3.3 percent each year. The percentage changes in the 
user fees from one fiscal year to the next vary due to rounding.

Hourly Rate and Minimum User Fees (Sec.  130.30)

    Several sections of the regulations calculate user fees for 
services at the hourly and premium hourly rates for import- and export-
related services that we provide. For example, Sec.  130.5 of the 
regulations charges user fees based on the hourly and premium hourly 
rate for services that we provide for animals quarantined in privately 
owned quarantine facilities.
    The proposed hourly rate, premium hourly rate, and minimum user 
fees for fiscal years 2009-2013 are set forth in the regulatory text at 
the end of this document. As explained above, the proposed user fees 
are based on FY 2007 costs and include direct labor costs adjusted by 3 
percent for fiscal years 2009 through 2013 to cover increases in 
employee pay, and adjustments in estimated non-labor costs for 
inflation at 3.3 percent each year. The percentage changes in the user 
fees from one fiscal year to the next vary due to rounding.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The rule has been determined to be significant for the purposes of 
Executive Order 12866 and, therefore, has been reviewed by the Office 
of Management and Budget.
    For this proposed rule we have prepared an economic analysis. The 
economic analysis, which is summarized below, provides a cost-benefit 
analysis as required by Executive Order 12866 and an analysis of the 
potential economic effects on small entities as required by the 
Regulatory Flexibility Act. A copy of the full economic analysis, which 
includes comparisons of the change in each user fee, may be viewed on 
the Regulations.gov Web site or in our reading room. (Instructions for 
accessing Regulations.gov and information on the location and hours of 
the reading room are provided under the heading ADDRESSES at the 
beginning of this proposed rule.) In addition, copies may be obtained 
by calling or writing to the individual listed under FOR FURTHER 
INFORMATION CONTACT.
    The Secretary of Agriculture is authorized by the Food, 
Agriculture, Conservation and Trade Act of 1990, as amended, to 
prescribe and collect fees to recover the costs of providing import and 
export services. APHIS is proposing to amend the user fees for 
providing veterinary services for import and export activities (9 CFR 
part 130). These fees would be updated to take into account the routine 
increases in the cost of doing business, such as inflation, replacing 
equipment, maintaining databases, etc., that have occurred since the 
last update and those that are expected to occur over the next 5 years. 
In addition, the fees would be adjusted to incorporate expenditures to 
maintain the current level of operations, improve service and keep up 
with expanding demand for services. These expenditures include things 
from roof replacement to the modernization of facilities.
    User fees recover the cost of operating a public system by charging 
those members of the public who use the system, rather than the public 
as a whole, for its operation. User fees result in movement toward a 
more socially optimal level of demand where users fully incorporate the 
cost of APHIS services into their private costs. In addition, by 
setting the fees for these veterinary services to fully recover the 
associated costs, we can assure that the program operates at a level 
considered sufficient to meet the demand for these services. If APHIS 
were to continue to collect user fees at the current rates over the 
time period covered by the proposal, total collections would be 
approximately $113 million, nearly $54 million less than the projected 
cost of administering the program from FY 2009 through FY 2013. This 
demonstrates the magnitude of the shortfall in cost recovery that would 
occur absent the changes.

Effects on Small Entities

    The user fee revisions included in this proposal could affect some 
importers and exporters of live animals, animal products, and animal 
byproducts. The Small Business Administration (SBA) has established 
guidelines for determining which businesses are to be considered small. 
Importers and exporters of live animals, animal products, and animal 
byproducts are identified within the broader wholesaling trade sector 
of the U.S. economy. A firm primarily engaged in wholesaling animals or 
animal products is considered small if it employs not more than 100 
persons. These entities either sell goods on their own account (import/
export merchants) or arrange for the sale of goods owned by others 
(import/export agents and brokers). The North American Industry 
Classification System (NAICS) code 424430 covers dairy products (except 
dried or canned) merchant wholesalers. According to the 2002 Economic 
Census (the most recent census available), more than 98 percent of 
these wholesalers would be considered small by SBA standards.\1\ NAICS 
code 424440 covers poultry and poultry product merchant wholesalers. 
About 97 percent of these firms would be considered small according to 
the 2002 Economic Census. NAICS code 424470 covers meat and meat 
product merchant wholesalers. About 97 percent of these firms would be 
considered small according to the 2002 Economic Census. NAICS code 
424520 covers livestock merchant wholesalers. More than 99 percent of 
the firms in this category would be considered small according to the 
2002 Economic Census. Thus, the vast majority of entities potentially 
affected by the proposed changes are likely to be considered small. 
However, the total impact of the proposed changes should be small, as 
the proposed fee changes represent a tiny fraction of the value of the 
shipments of animals and animal products. Imports and exports of 
livestock, meats, dairy products, poultry, and poultry products were 
valued at more than $23.8 billion in 2005. By contrast, the increase in 
annual collections from user fees included in this proposed rule would 
be about $5.3 million in FY 2009, and rising to about $14 million in 
2013. We do not know the proportion of import and export services that 
are provided to small entities. However, the degree to which any firm, 
whether small or large, would be impacted by these changes is dependent 
on their level of participation in import or export trade. Based on the 
information that is available, the effects of the proposed changes 
should be small whether the entity affected is small or large.
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    \1\ 2002 Economic Census, Department of Commerce, United States 
Bureau of the Census.

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[[Page 31775]]

    We invite public comment on the proposed rule--including any 
comments on the expected economic effects on small entities, and on how 
the proposed rule could be modified to reduce expected costs or burdens 
for small entities consistent with its objectives. Any comment 
suggesting changes to the proposed criteria should be supported by an 
explanation of why the changes should be considered.

Alternatives

    One alternative to this rule would be to leave the regulations 
unchanged. In this case, the fees would remain unchanged. The fees do 
not take into account the routine increases in the cost of doing 
business, such as inflation, replacing equipment, maintaining 
databases, etc., that have occurred since the last update. In addition, 
the fees are being adjusted to incorporate expenditures to maintain the 
current level of operations, improve service, and keep up with 
expanding demand for services. If APHIS were to continue to collect 
user fees at the current rates in fiscal years 2009 through 2013, total 
collections would be nearly $54 million short of projected program 
costs over that period. Therefore, this alternative was rejected.
    Another alternative to this rule would be to charge hourly rate 
fees for all veterinary services. However, flat rate user fees are 
appropriate when the cost of providing a service is unchanging from 
user to user and the service is requested in relatively large numbers. 
It would be unnecessarily complex and costly to track hourly charges 
for services where a flat rate could be consistently used. Therefore, 
this alternative was rejected.
    Another alternative to this rule would be to change all hourly fees 
to flat rate fees. However, charging a flat rate is not appropriate in 
all situations. We charge flat rate fees in cases where a service takes 
a consistent amount of time to perform, but for some services there can 
be a disparity in the time it takes to perform a given service for one 
user versus another. For example, hourly rates are charged for the 
inspection of biosecurity level 2 (BSL-2) laboratories, including 
travel. The inspection covers a specific checklist and is therefore 
similar from facility to facility. However, the amount of travel time 
required of the inspector varies widely, depending on the location of 
the facility. It would be unfair to charge both users the same flat fee 
for those inspections. Therefore, this alternative was rejected.

Cost-Benefit Analysis

    User fees for veterinary services are intended to meet broad 
economic objectives. User fees promote the internalization of the real 
cost of providing these veterinary services in consumer transaction 
decisions. User fees also achieve savings in Government expenditures, 
and therefore reduce the tax support necessary for the system to 
operate at a given level. These tax funds can then be used in other 
programs or to reduce taxes overall and thus diminish efficiency losses 
associated with the generation of taxes (deadweight loss plus 
collection costs).
    Import and export veterinary services enhance livestock trade and 
protect American agriculture. By helping to prevent foreign pests and 
diseases from entering the United States, these services help to 
prevent losses to animals and their products and markets. Losses 
include reduction in yield and productivity of affected hosts, public 
and private control costs, and loss in export revenue due to trade 
embargoes. The harm to American agriculture associated with the 
introduction of foreign pests and diseases can be immense. Federal 
spending associated with the outbreak of exotic Newcastle disease that 
began in October of 2002 was approximately $170 million. In addition, 
the total direct value of the export restrictions which were in place 
from October 2002 though December 2003 has been estimated to be $167 
million.\2\
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    \2\ Economic Impact of Poultry Export Restrictions. USDA-APHIS, 
CEAH.
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    User fees recover the cost of operating a public system by charging 
those members of the public who use the system, rather than the public 
as a whole, for its operation. By setting the fees for these veterinary 
services to fully recover the associated costs, we can assure that the 
program operates at a level sufficient to meet the needs of 
agricultural trade and minimize the risk of introduction of pests and 
diseases.
    This proposed rule contains no new information collection or 
recordkeeping requirements. (See ``Paperwork Reduction Act'' below.)

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 in 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 9 CFR part 130 as follows:

PART 130--USER FEES

    1. 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.

    2. Section 130.2 is amended as follows:
    a. By revising the section heading to read as set forth below.
    b. In paragraph (a), by revising the table to read as set forth 
below.
    c. In paragraph (b), by revising the table to read as set forth 
below.
    d. By removing paragraph (d).


Sec.  130.2  User fees for individual animals and certain birds 
quarantined in the APHIS-owned or -operated quarantine facilities, 
including APHIS Animal Import Centers.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
                                                                  Daily user fee
                                 -------------------------------------------------------------------------------
         Animal or bird            Oct. 1, 2008-   Oct. 1, 2009-   Oct. 1, 2010-   Oct. 1, 2011-
                                  Sept. 30, 2009  Sept. 30, 2010  Sept. 30, 2011  Sept. 30, 2012  Beginning Oct.
                                                                                                      1, 2012
----------------------------------------------------------------------------------------------------------------
Birds (excluding ratites and pet
 birds imported in accordance
 with part 93 of this
 subchapter):
    0-250 grams.................           $2.50           $2.75           $2.75           $2.75           $3.00

[[Page 31776]]

 
    251-1,000 grams.............            8.25            8.50            8.75            9.00            9.25
    Over 1,000 grams............           18.00           19.00           19.00           20.00           21.00
Domestic or zoo animals (except
 equines, birds, and poultry):
    Bison, bulls, camels,                 144.00          149.00          153.00          158.00          162.00
     cattle, or zoo animals.....
    All others, including, but             38.00           39.00           40.00           42.00           43.00
     not limited to, alpacas,
     llamas, goats, sheep, and
     swine......................
Equines (including zoo equines,
 but excluding miniature
 horses):
    1st through 3rd day (fee per          382.00          393.00          405.00          417.00          429.00
     day).......................
    4th through 7th day (fee per          276.00          284.00          292.00          301.00          310.00
     day).......................
    8th and subsequent days (fee          235.00          242.00          249.00          256.00          264.00
     per day)...................
Miniature horses................           86.00           89.00           91.00           94.00           97.00
Poultry (including zoo poultry):
    Doves, pigeons, quail.......            5.00            5.25            5.50            5.50            5.75
    Chickens, ducks, grouse,                9.00            9.25            9.50            9.75           10.00
     guinea fowl, partridge, pea
     fowl, pheasants............
    Large poultry and large                21.00           22.00           22.00           23.00           24.00
     waterfowl, including, but
     not limited to, gamecocks,
     geese, swans, and turkeys..
Ratites:
    Chicks (less than 3 months             13.00           13.00           14.00           14.00           15.00
     old).......................
    Juveniles (3 months through            20.00           20.00           21.00           22.00           22.00
     10 months old).............
    Adults (11 months old or               38.00           39.00           40.00           42.00           43.00
     older).....................
----------------------------------------------------------------------------------------------------------------

    (b) * * *

----------------------------------------------------------------------------------------------------------------
                                                                  Daily user fee
                                 -------------------------------------------------------------------------------
  Bird or poultry (nonstandard     Oct. 1, 2008-   Oct. 1, 2009-   Oct. 1, 2010-   Oct. 1, 2011-
   housing, care, or handling)    Sept. 30, 2009  Sept. 30, 2010  Sept. 30, 2011  Sept. 30, 2012     Beginning
                                                                                                   Oct. 1, 2012
----------------------------------------------------------------------------------------------------------------
Birds 0-250 grams and doves,               $8.25           $8.50           $8.75           $9.00           $9.25
 pigeons and quail..............
Birds 251-1,000 grams and                  18.00           19.00           19.00           20.00           21.00
 poultry such as chickens,
 ducks, grouse, guinea fowl,
 partridge, pea fowl, and
 pheasants......................
Birds over 1,000 grams and large           35.00           36.00           37.00           39.00           40.00
 poultry and large waterfowl,
 including, but not limited to
 gamecocks, geese, swans, and
 turkeys........................
----------------------------------------------------------------------------------------------------------------

* * * * *
    3. In Sec.  130.3, paragraph (a)(1), the table is 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, 2008-   Oct. 1, 2009-   Oct. 1, 2010-   Oct. 1, 2011-
                                  Sept. 30, 2009  Sept. 30, 2010  Sept. 30, 2011  Sept. 30, 2012  Beginning Oct.
                                                                                                      1, 2012
----------------------------------------------------------------------------------------------------------------
Newburgh, NY:
    Space A 5,396 sq. ft. (503.1      $83,756.00      $86,268.00      $88,856.00      $91,513.00      $94,249.00
     sq. m.)....................
    Space B 8,903 sq. ft. (827.1      138,190.00      142,335.00      146,605.00      150,989.00      155,504.00
     sq. m.)....................
    Space C 905 sq. ft. (84.1          14,047.00       14,469.00       14,903.00       15,348.00       15,807.00
     sq. m.)....................
----------------------------------------------------------------------------------------------------------------

* * * * *
    4. In Sec.  130.4, the table is revised to read as follows:


Sec.  130.4  User fees for processing import permit applications.

* * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                             User fee
                                                                         -------------------------------------------------------------------------------
                  Service                               Unit               Oct. 1, 2008-   Oct. 1, 2009-   Oct. 1, 2010-   Oct. 1, 2011-
                                                                          Sept. 30, 2009  Sept. 30, 2010  Sept. 30, 2011  Sept. 30, 2012  Beginning Oct.
                                                                                                                                              1, 2012
--------------------------------------------------------------------------------------------------------------------------------------------------------
Import compliance assistance:
    Simple (4 hours or less)..............  Per shipment................          $99.00         $102.00         $105.00         $108.00         $111.00
    Complicated (more than 4 hours).......  Per shipment................          514.00          514.00          531.00          548.00          565.00

[[Page 31777]]

 
Processing an application for a permit to
 import live animals, animal products or
 by-products, organisms, vectors, or germ
 plasm (embryos or semen) or to transport
 organisms or vectors: \1\
    Initial permit........................  Per application.............          133.00          137.00          141.00          145.00          150.00
    Amended permit........................  Per amended application.....           66.00           68.00           70.00           73.00           75.00
    Renewed permit \2\....................  Per application.............           86.00           89.00           91.00           94.00           97.00
Processing an application for a permit to   Per application.............          455.00          469.00          483.00          497.00         512.00
 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.

    5. In Sec.  130.6, paragraph (a), the table is 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.

----------------------------------------------------------------------------------------------------------------
                                                                 Per head user fee
                                 -------------------------------------------------------------------------------
       Type of live animal         Oct. 1, 2008-   Oct. 1, 2009-   Oct. 1, 2010-   Oct. 1, 2011-
                                  Sept. 30, 2009  Sept. 30, 2010  Sept. 30, 2011  Sept. 30, 2012  Beginning Oct.
                                                                                                      1, 2012
----------------------------------------------------------------------------------------------------------------
Any ruminants (including breeder          $13.00          $13.00          $14.00          $14.00          $14.00
 ruminants) not covered below...
Feeder..........................            3.75            3.75            4.00            4.00            4.00
Horses, other than slaughter....           62.00           64.00           66.00           68.00           70.00
In-bond or in-transit...........            8.25            8.50            8.75            9.00            9.25
Slaughter.......................            5.50            5.50            5.75            6.00            6.00
----------------------------------------------------------------------------------------------------------------

* * * * *
    6. In Sec.  130.7, paragraph (a), the table is revised to read as 
follows:


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, 2008-   Oct. 1, 2009-   Oct. 1, 2010-   Oct. 1, 2011-
                                                                          Sept. 30, 2009  Sept. 30, 2010  Sept. 30, 2011  Sept. 30, 2012  Beginning Oct.
                                                                                                                                              1, 2012
--------------------------------------------------------------------------------------------------------------------------------------------------------
Animals being imported into the United
 States:
Breeding animals (Grade animals, except
 horses):
    Sheep and goats.......................  Per head....................           $0.75           $0.75           $0.75           $1.00           $1.00
    Swine.................................  Per head....................            1.25            1.25            1.25            1.25            1.25
    All others............................  Per head....................            4.75            4.75            5.00            5.25            5.25
Feeder animals:
    Cattle (not including calves).........  Per head....................            2.25            2.25            2.50            2.50            2.50
    Sheep and calves......................  Per head....................            0.75            0.75            1.00            1.00            1.00
    Swine.................................  Per head....................            0.50            0.50            0.50            0.50            0.50
    Horses (including registered horses)    Per head....................           41.00           42.00           43.00           45.00           46.00
     other than slaughter and in-transit.
    Poultry (including eggs), imported for  Per load....................           71.00           73.00           75.00           77.00           80.00
     any purpose.
    Registered animals, all types (except   Per head....................            8.50            8.75            9.25            9.50            9.75
     horses).
    Slaughter animals, all types (except    Per load....................           35.00           36.00           37.00           39.00           40.00
     poultry).
Animals transiting \1\ the United States:
    Cattle................................  Per head....................            2.25            2.25            2.50            2.50            2.50
    Sheep and goats.......................  Per head....................            0.50            0.50            0.50            0.50            0.50

[[Page 31778]]

 
    Swine.................................  Per head....................            0.50            0.50            0.50            0.50            0.50
    Horses and all other animals..........  Per head....................            9.75           10.00           10.00           10.00          11.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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 in Sec.   130.30 will apply.

* * * * *
    7. In Sec.  130.8, paragraph (a), the table is revised to read as 
follows:


Sec.  130.8  User fees for other services.

    (a) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                             User fee
                                                                         -------------------------------------------------------------------------------
                  Service                               Unit               Oct. 1, 2008-   Oct. 1, 2009-   Oct. 1, 2010-   Oct. 1, 2011-
                                                                          Sept. 30, 2009  Sept. 30, 2010  Sept. 30, 2011  Sept. 30, 2012  Beginning Oct.
                                                                                                                                              1, 2012
--------------------------------------------------------------------------------------------------------------------------------------------------------
Germ plasm being exported: \1\
Embryo:
    Up to 5 donor pairs...................  Per certificate.............         $117.00         $121.00         $124.00         $128.00         $132.00
    Each additional group of donor pairs,   Per group of donor pairs....           52.00           54.00           55.00           57.00           59.00
     up to 5 pairs per group on the same
     certificate.
    Semen.................................  Per certificate.............           72.00           74.00           76.00           79.00           81.00
Release from export agricultural hold:
    Simple (2 hours or less)..............  Per release.................           99.00          102.00          105.00          108.00          111.00
    Complicated (more than 2 hours).......  Per release.................          254.00          262.00          270.00          278.00         286.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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 Sec.   130.3 will apply.

* * * * *
    8. Section 130.10 is amended as follows:
    a. In paragraph (a), by revising the table to read as set forth 
below.
    b. In paragraph (b), by revising the table to read as set forth 
below.


Sec.  130.10  User fees for pet birds.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
                                                                 Per lot user fee
                                 -------------------------------------------------------------------------------
             Service               Oct. 1, 2008-   Oct. 1, 2009-   Oct. 1, 2010-   Oct. 1, 2011-
                                  Sept. 30, 2009  Sept. 30, 2010  Sept. 30, 2011  Sept. 30, 2012  Beginning Oct.
                                                                                                      1, 2012
----------------------------------------------------------------------------------------------------------------
(1) Which have been out of the           $153.00         $157.00         $162.00         $167.00         $172.00
 United States 60 days or less..
(2) Which have been out of the            363.00          374.00          385.00          397.00          409.00
 United States more than 60 days
----------------------------------------------------------------------------------------------------------------

    (b) * * *

----------------------------------------------------------------------------------------------------------------
                                                                  Daily user fee
                                 -------------------------------------------------------------------------------
   Number of birds in isolette     Oct. 1, 2008-   Oct. 1, 2009-   Oct. 1, 2010-   Oct. 1, 2011-
                                  Sept. 30, 2009  Sept. 30, 2010  Sept. 30, 2011  Sept. 30, 2012  Beginning Oct.
                                                                                                      1, 2012
----------------------------------------------------------------------------------------------------------------
1...............................          $13.00          $13.00          $14.00          $14.00          $15.00
2...............................           16.00           16.00           17.00           17.00           18.00
3...............................           18.00           19.00           19.00           20.00           21.00
4...............................           21.00           22.00           22.00           23.00           24.00
5 or more.......................           25.00           26.00           27.00           28.00           29.00
----------------------------------------------------------------------------------------------------------------

* * * * *
    9. In Sec.  130.11, paragraph (a), the table is revised to read as 
follows:


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

    (a) * * *

[[Page 31779]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                             User fee
                                                                         -------------------------------------------------------------------------------
                  Service                               Unit               Oct. 1, 2008-   Oct. 1, 2009-   Oct. 1, 2010-   Oct. 1, 2011-
                                                                          Sept. 30, 2009  Sept. 30, 2010  Sept. 30, 2011  Sept. 30, 2012  Beginning Oct.
                                                                                                                                              1, 2012
--------------------------------------------------------------------------------------------------------------------------------------------------------
Embryo collection center inspection and     Per year....................         $537.00         $553.00         $570.00         $587.00         $604.00
 approval (all inspections required during
 the year for facility approval).
Inspection for approval of biosecurity      Per inspection..............        1,381.00        1,422.00        1,465.00        1,509.00        1,554.00
 level three labs (all inspections related
 to approving the laboratory for handling
 one defined set of organisms or vectors).
Inspection for approval of slaughter
 establishment:
    Initial approval (all inspections)....  Per year....................          527.00          543.00          559.00          576.00          593.00
    Renewal (all inspections).............  Per year....................          457.00          470.00          484.00          499.00          514.00
Inspection of approved establishments,
 warehouses, and facilities under 9 CFR
 parts 94 through 96:
    Approval (compliance agreement) (all    Per year....................          563.00          579.00          597.00          615.00          633.00
     inspections for first year of 3-year
     approval).
    Renewal (all inspections for second     Per year....................          325.00          335.00          345.00          355.00          366.00
     and third years of 3-year approval).
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
    10. Section 130.20 is amended as follows:
    a. In paragraph (a), by revising the table to read as set forth 
below.
    b. In paragraph (b)(1), by revising the table to read as set forth 
below.


Sec.  130.20  User fees for endorsing export certificates.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
                                                                     User fee
                                 -------------------------------------------------------------------------------
     Certificate categories        Oct. 1, 2008-   Oct. 1, 2009-   Oct. 1, 2010-   Oct. 1, 2011-
                                  Sept. 30, 2009  Sept. 30, 2010  Sept. 30, 2011  Sept. 30, 2012  Beginning Oct.
                                                                                                      1, 2012
----------------------------------------------------------------------------------------------------------------
Animal and nonanimal products...          $45.00          $47.00          $48.00          $49.00          $51.00
Hatching eggs...................           42.00           44.00           45.00           46.00           48.00
Poultry, including slaughter               42.00           44.00           45.00           46.00           48.00
 poultry........................
Ruminants, except slaughter                47.00           48.00           49.00           51.00           52.00
 ruminants moving to Canada or
 Mexico.........................
Slaughter animals (except                  49.00           51.00           52.00           54.00           56.00
 poultry but including
 ruminants) moving to Canada or
 Mexico.........................
Other endorsements or                      34.00           35.00           36.00           37.00           38.00
 certifications.................
----------------------------------------------------------------------------------------------------------------

    (b)(1) * * *

----------------------------------------------------------------------------------------------------------------
                                                                     User fee
 Number of tests or vaccinations -------------------------------------------------------------------------------
 and number of animals or birds    Oct. 1, 2008-   Oct. 1, 2009-   Oct. 1, 2010-   Oct. 1, 2011-
       on the certificate         Sept. 30, 2009  Sept. 30, 2010  Sept. 30, 2011  Sept. 30, 2012  Beginning Oct.
                                                                                                      1, 2012
----------------------------------------------------------------------------------------------------------------
1-2 tests or vaccinations:
Nonslaughter horses to Canada:
    First animal................          $54.00          $55.00          $57.00          $59.00          $60.00
    Each additional animal......            6.25            6.25            6.50            6.75            7.00
Other animals or birds:
    First animal................          107.00          111.00          114.00          117.00          121.00
    Each additional animal......            6.25            6.25            6.50            6.75            7.00
3-6 tests or vaccinations:
    First animal................          133.00          137.00          141.00          145.00          150.00
    Each additional animal......           10.00           11.00           11.00           11.00           12.00
7 or more tests or vaccinations:
    First animal................          154.00          159.00          163.00          168.00          173.00
    Each additional animal......           12.00           12.00           13.00           13.00           14.00
----------------------------------------------------------------------------------------------------------------

* * * * *
    11. Section 130.30 is amended as follows:
    a. In paragraph (a), by revising the table to read as set forth 
below.
    b. In paragraph (b), by revising the table to read as set forth 
below.

[[Page 31780]]

Sec.  130.30  Hourly rate and minimum user fees.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
                                                                     User fee
                                 -------------------------------------------------------------------------------
                                   Oct. 1, 2008-   Oct. 1, 2009-   Oct. 1, 2010-   Oct. 1, 2011-
                                  Sept. 30, 2009  Sept. 30, 2010  Sept. 30, 2011  Sept. 30, 2012  Beginning Oct.
                                                                                                      1, 2012
----------------------------------------------------------------------------------------------------------------
Hourly rate:
    Per hour....................         $120.00         $120.00         $124.00         $128.00         $132.00
Per quarter hour................           30.00           30.00           31.00           32.00           33.00
Per service minimum fee.........           35.00           36.00           37.00           39.00           40.00
----------------------------------------------------------------------------------------------------------------

* * * * *
    (b) * * *

----------------------------------------------------------------------------------------------------------------
                                                               Premium rate user fee
                                 -------------------------------------------------------------------------------
  Overtime rates  (outside the     Oct. 1, 2008-   Oct. 1, 2009-   Oct. 1, 2010-   Oct. 1, 2011-
 employee's normal tour of duty)  Sept. 30, 2009  Sept. 30, 2010  Sept. 30, 2011  Sept. 30, 2012  Beginning Oct.
                                                                                                      1, 2012
----------------------------------------------------------------------------------------------------------------
Premium hourly rate Monday
 through Saturday and holidays:
    Per hour....................         $140.00         $144.00         $148.00         $152.00         $156.00
    Per quarter hour............           35.00           36.00           37.00           38.00           39.00
Premium hourly rate for Sundays:
    Per hour....................          160.00          164.00          168.00          172.00          176.00
    Per quarter hour............           40.00           41.00           42.00           43.00           44.00
----------------------------------------------------------------------------------------------------------------

* * * * *

    Done in Washington, DC, this 23rd day of May, 2008.
Bruce Knight,
Under Secretary for Marketing and Regulatory Programs.
 [FR Doc. E8-12376 Filed 6-3-08; 8:45 am]
BILLING CODE 3410-34-P