Import/Export User Fees

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 130

[Docket No. 92-174-1]

RIN 0579-AA67

Import/Export User Fees

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: We are proposing to amend existing user fees for certain

import- and export-related services we provide for live animals and

birds, animal products, organisms and vectors, and germ plasm and

veterinary diagnostic services. We are also proposing to establish user

fees for certain import- and export-related services we provide for

live animals and birds, and animal products and byproducts. We are also

proposing to make several miscellaneous changes, such as amending the

definitions of certain words. These actions are necessary to help

ensure that we recover our costs and to simplify and clarify the

application of user fees for the public. [[Page 27914]] These actions

are taken in accordance with the Food, Agriculture, Conservation, and

Trade Act of 1990, as amended, which gives us the authority to set and

collect these user fees.

DATES: Consideration will be given only to comments received on or

before July 25, 1995.

ADDRESSES: Please send an original and three copies of your comments to

Docket 92-174-1, Animal and Plant Health Inspection Service, Policy and

Program Development, Regulatory Analysis & Development, 4700 River Road

Unit 118, Riverdale, MD 20737-1238. Please state that your comments

refer to Docket No. 92-174-1. Comments received may be inspected at

USDA, room 1141, South Building, 14th Street and Independence Avenue

SW., Washington, DC, between 8 a.m. and 4:30 p.m., Monday through

Friday, except holidays. Persons wishing to inspect comments are

requested to call ahead on (202) 690-2817 to facilitate entry into the

comment reading room.

FOR FURTHER INFORMATION CONTACT: For information concerning services

provided for live animals and birds, and germ plasm, contact Dr. Robert

Kahrs, Director, National Center for Import and Export, VS, APHIS, 4700

River Road Unit 38, Riverdale, MD 20737-1231; (301) 734-3294.

For information concerning services provided for animal products

and byproducts, organisms and vectors, contact Dr. Kathleen Akin,

Senior Staff Veterinarian, Import/Export Products, VS, APHIS, 4700

River Road Unit 40, Riverdale, MD 20737-1231; (301) 734-7830.

For information concerning services provided for veterinary

diagnostics, contact Dr. Joan M. Arnoldi, Director, National Veterinary

Services Laboratories, P.O. Box 844, Ames, IA 50010; (515) 239-8266.

For information concerning fees, contact Ms. Barbara Thompson,

Chief, Financial Systems and Services Branch, Budget and Accounting

Division, APHIS, 4700 River Road Unit 54, Riverdale, MD 20737-1232;

(301) 734-5901.

SUPPLEMENTARY INFORMATION:

Background

The Food, Agriculture, Conservation and Trade Act of 1990, as

amended (referred to below as the Farm Bill), authorizes the Secretary

of Agriculture, among other things, to 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

(section 2509(c)(1) of the Farm Bill). The Secretary of Agriculture is

also authorized, under section 2509(c)(2) of the Farm Bill, 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 the Animal and Plant Health

Inspection Service (APHIS) of the U.S. Department of Agriculture (USDA)

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.

Our user fees are calculated to cover the full cost of providing

the service for which the fee is charged. The cost of providing a

service includes direct labor and direct material costs. It also

includes administrative support, 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. These are all direct labor

costs. For other services, the direct labor costs would be different.

For example, if the service is testing a tissue sample for disease-

causing organisms, then direct labor costs include the time spent by

laboratory personnel to prepare the sample, conduct the test, and read

the test. Or, 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.

Direct material costs include the cost of any materials needed to

supply the service. For example, among other things, animals in

quarantine need feed, water and bedding, disinfectants, and

pharmaceuticals (for preparation of any needed tranquilizers). These

are all direct material costs. Again, direct material costs are

different for different services. For example, direct material costs

for conducting a laboratory test would include animals, eggs,

glassware, chemicals, and other supplies necessary to perform the test.

Administrative support costs include local clerical and

administrative activities; indirect labor hours (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); travel and transportation for personnel; supplies,

equipment, and other necessary items; training; general supplies for

offices, washrooms, cleaning, etc.; contractual services (such as guard

service, maintenance, trash pickup, etc.); grounds maintenance;

chemicals and glassware; and utilities (such as water, trash pickup,

telephone, electricity, natural and propane gas, heating and diesel

oil). Some administrative support items may be contractual or not,

depending on local circumstances. For example, trash pickup may be

provided as a utility or a contractual service. However, the costs are

all administrative support. As with direct labor and direct material

costs, 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 management and support cost for all agency activities.

Included are the cost of providing budget and accounting services,

management support, including the Administrator's office and support at

the regional level, personnel services, public information service, and

liaison with Congress.

The final cost item included in the calculation, Departmental

charges, is APHIS's share, expressed as a percentage of the total cost,

of services provided centrally by the Department of Agriculture

(Department). Services the Department provides centrally include the

Federal Telephone Service; mail; National Finance Center processing of

payroll, billing, collections, and other money management; unemployment

compensation; Office of Workers Compensation Programs; and central

supply for storing and issuing commonly used supplies and Department

forms. The Department notifies APHIS how much the agency owes for these

services. We have included a pro-rata share of these Departmental

charges, as attributable to a particular service, in our fee

calculations. 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: [[Page 27915]]

1. Determine the following costs:

direct labor;

direct material;

pro-rata share of administrative support;

pro-rata share of agency overhead; and

pro-rata share of Departmental charges;

2. Add all costs;

3. Estimate, based on past experience, the frequency of service,

that is, the number of times the service will be performed in one year;

and

4. Divide the total of all costs by the frequency of service.

The result of these calculations is the total cost to provide a

particular service one time.

When we first adopted user fees, we determined that our user fees

for import- and export-related services should be rounded up to the

nearest quarter. The amended user fees proposed in this document are

also rounded up to the nearest quarter. This is necessary in order to

ensure that we collect enough revenue to cover the costs of providing

these services. If we were to round down, many fees would be lower than

the cost of the service. As we would not have a reserve fund, there

would be no funds for us to draw on to make up the deficiency.

As we stated at the time we published our current user fees (see

Docket 92-042-2, 58 FR 67647-67656, at p. 67649), we intend to review

our user fees at least annually to ensure that they accurately reflect

the cost of the services provided, and to publish any necessary

adjustments in the Federal Register.

We have therefore reviewed our records of user fees collected

during fiscal years (FYs) 1992 through 1994. Our current user fees are

based on FY 1990 costs. In the four years since then, there has been an

overall increase in all costs of providing services, due to inflation

and general economic conditions. Additionally, we underestimated

personnel costs when we set our current fees. For example, in addition

to anticipated federal pay increases (4.2 percent in FY 1992 and 3.7

percent in FY 1993), in FY 1994 there were locality pay and cost of

living increases of 3.09 to 8 percent for employees stationed in

different parts of the United States. We also underestimated support

costs, such as clerical support, office rent, telephone, etc., in

setting our current user fees. It is also now apparent that we

overestimated our anticipated revenues when setting our current fees.

For example, unexpected drops in both the number of animals exported

from the United States and the number of export certificates requested

has resulted in a correspondingly unexpected drop in user fees

collected for export-related services.

As a result of general cost increases, and our errors in estimating

costs and revenues, we did not collect enough money in user fees during

FYs 1992 through 1994 to cover the costs of providing the services for

which we charged fees. In fact, for each of those fiscal years, we

incurred a deficit of over $1 million. As our user fees are intended to

recover full cost, it is apparent that our user fees are too low and

must be raised to reflect changes in direct labor costs, direct

material costs, administrative support costs, Agency overhead, and

other expenses.

In addition, based upon our review, we believe certain existing

user fees should be restructured. For example, some general fees need

to be broken down into more specific fees. Also, some new fees need to

be established to cover services which we provide, but for which we are

not now charging a user fee. The specific proposed user fee changes are

discussed below under ``Revised Fees.''

In addition, we are proposing to amend certain provisions of the

regulations to clarify their intended meaning. The specific changes are

discussed below under ``Miscellaneous.''

Revised Fees

Hourly and Minimum User Fees (Secs. 130.3, 130.5, 130.6, 130.7, 130.9,

130.10, and 130.21)

Our user fees are calculated to recover our costs to provide

routine services. Our personnel often conduct inspections and provide

supervision for animals and birds within the United States that are

different from or in addition to our flat fee services, which are

discussed under ``Flat Rate User Fees'' below. In those instances, we

charge an hourly rate user fee to recover these costs. However, these

hourly rates do not ensure that our basic costs are always covered. We

developed the minimum fee primarily to cover the costs of handling

unusually small importations at ports of entry. Therefore, we charge an

hourly rate user fee, with a minimum fee, for services in the following

areas: APHIS Animal Import Centers; privately operated temporary import

quarantine facilities; import or entry of live animals; miscellaneous

import or entry services; endorsement of export health certificates;

inspection and supervision provided within the United States for

animals, birds, and animal products and byproducts intended for export;

and veterinary diagnostics.

We are proposing to revise our hourly and minimum fees, which are

listed in Secs. 130.3, 130.5, 130.6, 130.7, 130.9, and 130.21, to

reflect projected FY 1995 costs. These user fees need to be amended due

to increased direct labor costs, direct material costs, agency

overhead, administrative support, agency overhead, and Departmental

charges.

For the reasons stated above, we are proposing to amend

Secs. 130.3, 130.5, 130.9, and 130.21 to increase the hourly and

quarter-hour user fees from $50.00 to $56.00 and from $12.50 to $14.00,

respectively. Additionally, we are proposing to amend Secs. 130.5,

130.6, 130.7, 130.9, and 130.21 to increase the minimum user fee for

any service provided on an hourly basis from $16.00 to $16.50.

Further, in many of these sections, we are proposing to make

changes to clarify the application of the user fee. These proposed

changes are discussed below.

User Fees for Exclusive Use of Space at APHIS Animal Import Centers

(Sec. 130.3)

Section 130.3 includes a provision allowing importers, at their

option, to request space at certain APHIS Animal Import Centers for the

exclusive use of the animals for which the request was made. The user

fee for this service is a single, monthly rate. Section 130.3(a)(1)

designates the South Wing and North Wing at the Miami, FL, Animal

Import Center and 5,904 sq. ft. (548.5 sq.m.) at the Newburgh, NY,

Animal Import Center as available for exclusive use. The exclusive use

space at Newburgh, NY, is designated in terms of square footage only

because there are several buildings that meet those specifications. As

a result, the buildings may be used interchangeably, depending upon the

number and type of animals for which the space is being requested.

However, any building that is utilized for this service will be

occupied only by the specific animals for which the service was

requested. The overall operating costs for these designated spaces have

increased, mainly due to increases in locality pay, direct labor, and

supplies. Therefore, we are proposing to revise the monthly user fee

charged for this service.

Additionally, we are proposing to make an additional space

available for exclusive use at the Newburgh, NY, Animal Import Center.

This additional space, which would be designated as Space B, would

provide 9,742 sq.ft. (905 sq.m.) for exclusive use. The proposed user

fee for this service would be $78,555.00 per month. If this proposed

amendment is adopted, we will designate the existing exclusive use

[[Page 27916]] space currently being charged on a monthly basis at the

Newburgh, NY, Animal Import Center as Space A to avoid confusion. As

stated above, proposed newly-designated Spaces A and B would represent

available square footage, not specific buildings.

User Fees for Services Conducted Outside an APHIS Employee's Normal

Tour of Duty (Secs. 130.5, 130.9, & 130.21)

We often receive requests for services outside of employees' normal

tours of duty. Employees' normal tours of duty are those hours, during

the business hours of the facility where the employees work, when

employees are scheduled for duty. Employee's normal tours of duty do

not include Federal holidays or holidays that are observed locally. For

example, our facilities and employees in foreign countries observe

local holidays. When we provide services outside employee's normal

tours of duty, we charge reimbursable overtime in accordance with

existing regulations, in addition to the APHIS user fee for each

service. This action, which became effective on January 21, 1994 (58 FR

67647-67656, Docket No. 92-042-2), was necessary to fully recover our

costs of providing user fee services on overtime.

When this action became effective, several importers and exporters

raised concerns about paying the user fee plus reimbursable overtime

when the user fee is charged at the hourly rate. In these cases, both

the user fee and the reimbursable overtime fee are structured on a

direct labor hourly basis, and consequently, some users perceived that

they were being billed twice for the services.

We have re-examined this requirement and propose to revise it

regarding charging reimbursable overtime in connection with the hourly

user fees.

Consequently, we propose to amend Secs. 130.5, 130.9, and 130.21 to

charge a premium user fee rate of $65.00 per hour on weekdays and

holidays and $74.00 per hour on Sundays for each employee required to

conduct a service outside of the regular tour of duty. These rates were

determined by calculating the average grade and step of APHIS field

personnel and applying the Federal salary for an individual at that

grade level. The rates for weekdays, holidays, and Sundays are

different because the rate of basic pay for employees is different for

these days1: holiday pay is one-and-one-half times the hourly pay

for regularly scheduled weekday duty; Sunday pay is twice the hourly

pay for regularly scheduled weekday duty. If a holiday falls on a

Sunday, the highest applicable rate of pay applies, that is, Sunday

pay.

\1\See 5 U.S.C. 5542 and 5 CFR 550.113, and Salary Tables

published by the United States Office of Personnel Management,

Personnel Systems and Oversight Group, Office of Compensation

Policy, Theodore Roosevelt Building, 1900 E Street NW, Washington,

DC 20415-0001.

---------------------------------------------------------------------------

If this proposal is adopted, we will charge only the premium user

fee for hourly user fee services performed outside an APHIS employee's

normal tour of duty.

We charge hourly user fees for providing miscellaneous veterinary

services related to the import, entry or export of live animals, animal

products, organisms and vectors, and germ plasm. We charge hourly user

fees in these cases as it would be difficult to establish a flat fee.

This is because costs vary widely from one customer to another;

consequently, a flat fee would be very inequitable to some importers

and exporters. Because the hourly user fees are structured to more

directly charge importers and exporters for the exact time required to

provide the service, we believe we should establish hourly fees for

work performed on overtime, rather than specify that two hourly rates

be charged.

Other user fees that are charged on a flat rate basis, for example,

per animal inspected or certificate issued, represent an average of the

costs for providing the service during normal working hours. For

example, the fee for issuing an export health certificate is calculated

by determining the average time it takes to research the requirements

of the destination country, advise an exporter, verify test results or

certification statements or both, endorse a certificate, and complete

the necessary paperwork. In these cases, we will continue to charge the

flat rate user fee plus reimbursable overtime, or we would not recover

our costs. In the example given above, an office may spend several

hours during the normal working day to research the requirements of the

destination country and advise the exporter. If the exporter comes in

after normal working hours and only reimbursable overtime is charged

for verifying the tests and endorsing the certificate, APHIS will not

recover costs for related services performed during the day, or the

time spent the next day to file the paperwork.

User Fees for Inspection and Supervision Services Provided Within the

United States for Export Animals, Birds, and Animal Products and

Byproducts (Sec. 130.21)

Section 130.21 covers user fees for APHIS services provided in the

United States for the export of animals, birds, and animal products and

byproducts. For the convenience of the public, this section lists

examples of the types of services we perform. Therefore, we are

proposing to amend Sec. 130.21 to add the following service to the list

of inspection and supervision services we provide within the United

States for the export of animals, birds, and animal products and

byproducts: Approving or inspecting an embryo or semen collection

center or the animals in it. We currently charge a user fee for these

services. We are proposing to add this service to the inspection and

supervision services list to eliminate some recent confusion regarding

our ability to charge for these particular services.

Because it is impracticable to list all the services that we

provide, we are also proposing to add a statement that Sec. 130.21

covers export or embarkation services not specified elsewhere in the

regulations. This proposed change would make this section equivalent to

Sec. 130.9, which governs user fees for APHIS services provided for

importation or entry of animals, birds, and animal products and

byproducts.

Further, we are proposing to add a statement to make it clear that

the user fees established in Sec. 130.21 will be charged for each

employee assigned to perform the service. We believe these proposed

amendments will provide users further clarification of our user fees.

Flat Rate User Fees

We charge a flat rate user fee for services that do not vary widely

in the amount of time needed to complete them. These user fees are

based on time (daily, monthly, etc.); commodity (animal, animal

product, germ plasm, etc.); service (endorsement, inspection,

supervision); measurement (certificate, load, lot, etc.); or purpose

(breeder, feeder, slaughter, etc.). The flat rate user fees also

reflect the average cost of providing particular services on a

nationwide basis. As with the hourly user fees, the flat rate fees must

recover our costs for direct labor, direct material, agency overhead,

administrative support, agency overhead, and Departmental charges. As

with the hourly user fees (see discussion above), these costs have

increased. [[Page 27917]] Therefore, we are proposing to revise the

flat rate user fees contained in Secs. 130.2, 130.3, 130.6, 130.7,

130.8, 130.10, and 130.20. We are also proposing to amend the flat rate

user fee, contained in Sec. 130.16, for virus isolation testing for

certain diseases, due to the volume of testing done. This proposed

change will clarify how we charge for those tests and will lower their

costs. We are proposing other changes to some of these sections, which

are discussed below.

User Fees for the Importation or Entry of Live Animals (Secs. 130.6 and

130.7)

Section 130.6(a) provides for user fees for various services

related to import or entry of live animals along the United States-

Mexico border. These services include inspecting and supervising the

following animals for import or entry into the United States: feeder

animals; slaughter animals; horses other than slaughter; in-bond and

in-transit animals; and any other ruminants. Sometimes, these animals

are denied entry into the United States or importers withdraw their

requests for importation after we have provided services. Despite these

circumstances, APHIS employees must provide the same services that are

provided to animals that enter the United States. In order to recover

our costs for these services, we are proposing to amend Sec. 130.6(a)

to add a statement to make it clear that the user fees in this section

apply to live animals presented for importation into the United States,

whether or not the animals enter the United States.

Section 130.7 also includes inspecting and processing cattle,

swine, sheep and goats that are imported in-bond or in-transit movement

through the United States. Often, after our employees have performed

these services, these animals are denied entry into the United States

or the importer withdraws the request for entry. For the reason stated

above, we are proposing to amend Sec. 130.7(a) to add a statement to

make it clear that the user fees in this section apply to live animals

presented for importation into the United States, whether or not the

animals are allowed entry into the United States.

Section 130.7 provides user fees for various services related to

import or entry of live animals at ports other than along the United

States-Mexico border. These services include inspecting and processing

all types of animals that are imported and moved directly to slaughter,

and poultry (including eggs) that are imported for any reason. We

currently charge a user fee per load for services we provide to these

animals. Consistent with industry usage of the term, we defined

``load'' to mean all the animals or birds carried on one vehicle. In

practice, however, we have found that we do not recover our full costs

when we charge for services per load because some importers or brokers

share the use of a vehicle. When this happens, we perform at least two

times the amount of services for one fee. Therefore, we are proposing

to charge this user fee for slaughter animals and poultry that are

presented for importation into the United States and that originate

from the same importer address, are destined for the same address, and

require one entry permit or authorization. This would allow us to

charge importers or brokers individually for the services provided to

them. This change would require revision of the definition for ``load''

in Sec. 130.1 (see discussion below under ``Miscellaneous'').

The processing or supervision of in-bond or in-transit animals in

accordance with Sec. 130.7 of the regulations often occurs at locations

other than an official port of entry, that is, the one listed on the

import permit or accompanying document. For example, air traffic flight

patterns or fueling needs may require an aircraft destined for Guam to

land in Alaska. Although the official port of entry would be Guam, in

this situation we would provide the necessary services in Alaska, and

we would charge a user fee for the services provided in Alaska. To

clarify this, we are proposing to amend Sec. 130.7(a) to add a

statement to note one in the table stating that the user fees in this

section apply to services provided for the importation of in-bond or

in-transit animals wherever the service is provided.

User Fee for Germ Plasm Containers (Sec. 130.8)

Among other things, Sec. 130.8 contains user fees for each permit

we issue for germ plasm being imported into the United States and each

certificate we endorse for germ plasm being exported from the United

States. These services include checking the accuracy of information

submitted, completing various forms, maintaining files, and issuing or

endorsing documents.

For germ plasm being imported into the United States, we charge

this fee per permit; however, germ plasm is not imported under

individual permit. Therefore, we are proposing to charge the user fee

per load (see discussion below under ``Miscellaneous'').

For germ plasm being exported from the United States, we inspect

and reseal the containers to confirm that the contents match what we

have endorsed on the certificate. To recover our costs relating to this

service, we are proposing to add a footnote to the table in Sec. 130.8

to clarify that the user fee for germ plasm being exported from the

United States includes a single inspection and resealing of the

container in which the germ plasm is being exported. Any subsequent

inspections and resealing of the container would be charged at the

applicable hourly rate.

If germ plasm containers that had been exported are returned empty

and presented for importation into the United States, we inspect the

containers to ensure that they are adequately cleaned and disinfected.

To recover our costs for this service, we are proposing to charge the

applicable hourly rate. This would be clarified by a footnote, which

would be added to the table in this section.

Section 130.8 also provides for a user fee for approving

establishments, warehouses, and facilities under 9 CFR parts 94 through

96, to receive or treat various animal products and byproducts imported

into the United States. As explained in the discussion under ``Flat

Rate User Fees'' above, we are proposing to revise these fees to cover

our increased direct labor costs to complete all paperwork, agreements,

and inspections. Additionally, we are proposing to revise our

regulations to clarify that these fees cover all program-required

inspections during the year. For example, the yearly user fee for

program inspections of a facility during a 3-year approval period would

be $262.75 for the first year, $152.00 for the second year, and $152.00

for the third year, for a total of $566.75 for a 3-year period.

However, if APHIS personnel determine that it is necessary to conduct

additional special inspections, other than routine program inspections,

they will charge the applicable hourly user fee.

User Fees for Pet Birds (Proposed new Sec. 130.10)

We are proposing to add specific user fees for pet birds

quarantined in an APHIS owned or supervised quarantine facility. Our

current user fees for pet birds, contained in Sec. 130.8, apply only to

pet birds which are not required to be quarantined in an APHIS owned or

supervised quarantine facility.

Regulations governing the importation of pet birds are contained in

9 CFR part 92. Pet birds are defined in Sec. 130.1 as ``birds which are

imported for the personal pleasure of their individual owners and are

not intended for resale.'' Pet birds which must be quarantined in an

APHIS owned or supervised quarantine facility, in accordance with 9 CFR

part 92, are normally quarantined [[Page 27918]] for 30 days. The

proposed fee would be assessed per isolette, per day. That is, all the

birds quarantined in one isolette would be covered by one fee, which

would be assessed daily for the duration of the quarantine.

This proposed user fee would recover all costs involved with feed,

housing, care, and handling of the birds. The proposed user fee would

not recover the costs of testing the birds for which separate user fees

apply. However, the proposed user fee would account for marginal

decreases in our costs per bird when more than one bird is kept in an

isolette. Based on the information provided by the person requesting

the service, APHIS personnel at the APHIS owned or supervised

quarantine facility would determine the appropriate number of birds

that should be housed per isolette. For example, an isolette might

house 5 small parakeets but only 1 large cockatoo, depending on the

sizes of the individual birds. Birds belonging to different owners

would not be housed in the same isolette. If individual owners of pet

birds request that their birds be housed individually or in a smaller

group of birds per isolette than that isolette could hold, the user fee

would apply per isolette based upon the actual number of birds

quarantined in each isolette. As another example, an individual pet

bird owner may only have one pet bird to quarantine. Regardless of the

size of the bird, the fee for one bird in an isolette would apply.

Section 130.2 provides user fees for individual animals and birds

quarantined in APHIS Animal Import Centers. As discussed above, we are

proposing to establish specific user fees for pet birds. To eliminate

any possible confusion, we are proposing to change the heading and the

table in paragraph (a) of Sec. 130.2 to indicate that the user fees in

this section do not apply to pet birds imported into the United States

under 9 CFR part 92.

User Fees for Multiple and Subsequent Antigen Tests (Sec. 130.14)

Section 130.14 provides user fees for tests performed at the

National Veterinary Services Laboratories (NVSL) in connection with the

importation or exportation of animals or birds. These tests include

Agar gel immunodiffusion, buffered acidified plate antigen presumptive,

card, competitive enzyme linked immunosorbent assay, and complement

fixation, among others. When necessary to expedite results, some of

these tests may be performed at authorized sites other than NVSL. For

example, card tests may be performed by APHIS personnel on cattle at

certain U.S. border ports. In order to recover our costs related to

conducting these tests, we are proposing to amend Sec. 130.14 to make

it clear that the user fees in this section apply to tests conducted at

NVSL or at any authorized site, except the Foreign Animal Disease

Diagnostic Laboratory (FADDL). The user fees for laboratory tests

performed at FADDL are provided separately, because FADDL works with

agents of diseases exotic to the United States, which require more

expensive biosecurity measures.

In addition, Sec. 130.14 provides tiered user fees for three

tests--complement fixation (CF), hemagglutination inhibition (HI), and

virus neutralization (VN). That is, there is one fee for the first CF,

HI, and VN test on a sample, and a second, lower user fee for each

additional test of the same type on the same sample. Paragraph (a) of

Sec. 130.14 contains an explanation and example of this tiered user

fee. Some users have interpreted the example to mean the user fee is

reduced for each additional test, regardless of type. We are proposing

to amend this section to make it clearer that any reduction in cost for

multiple antigen tests is for tests of the same type on the same

sample.

User Fees for Virus Isolation Testing (Sec. 130.16)

Section 130.16 provides user fees for laboratory tests we perform

as part of reference assistance testing. Reference assistance testing

is defined in Sec. 130.1 of the regulations as ``tests conducted by

APHIS at the request of a veterinarian, state animal health official,

or university, to either establish or confirm a diagnosis.'' Section

130.16(a)(3) includes a user fee for virus isolation testing. This test

is administered when various viral diseases, including avian diseases,

are suspected. Because virus isolation tests for Newcastle disease are

often administered in conjunction with bird quarantines, they are

performed more often and in larger numbers than virus isolation tests

for other avian or mammalian diseases. This larger volume results in

lower costs per test for Newcastle disease. Therefore, we are proposing

to charge a separate user fee for virus isolation tests for Newcastle

disease. The proposed user fee would be $14.00 per test for this

disease only. The user fee will remain at $29.75 for all other virus

isolation tests, including tests for all other avian viral diseases.

This would save users $15.75 per test for Newcastle disease.

Section 130.16 also provides tiered user fees for two tests--

complement fixation (CF) and virus neutralization (VN). That is, there

is one fee for the first CF and VN test on a sample, and a second lower

user fee for each additional test of the same type on the same sample.

As discussed above under ``User Fees for Multiple and Subsequent

Antigen Tests (Sec. 130.14),'' some users found our explanation and

example of reduced cost for multiple antigen tests to be confusing. For

that reason, we are proposing to revise the note to make it clearer

that any reduction in cost for multiple antigen tests is for tests of

the same type on the same sample.

User Fees for the Johnin Diagnostic Reagent (Sec. 130.17)

Section 130.17 provides user fees for diagnostic reagents, slide

sets, and tissue sets provided by APHIS. Section 130.17(a) lists the

user fee for Johnin OT, a diagnostic reagent, as $12.25 per 10-ml unit.

The 10-ml unit for Johnin OT is incorrect. The standard unit is 2 ml.

Therefore, we are proposing to amend Sec. 130.17(a) to correct the

listing for Johnin OT to read $12.25 per 2-ml unit. Although this

correction, if adopted, will increase user costs for this diagnostic

reagent from $2.25 per ml to $6.13 per ml, it will make the Johnin OT

user fee equivalent to the other similar diagnostic reagents and will

allow us to recover the full cost for providing the Johnin OT.

User Fees for Special Shipping and Handling of Reagents (Secs. 130.14,

130.15, 130.16, 130.17, and 130.18)

We charge user fees for certain veterinary diagnostic services,

including providing certain diagnostic reagents, slide sets, and tissue

sets. Veterinary diagnostics is the work performed in a laboratory to

determine if a disease-causing organism or toxin is present in body

tissues or cells. We also consider sterilization by gamma radiation to

be a veterinary diagnostic service. Often, providing these veterinary

diagnostic services requires special mail handling, such as express,

overnight, or foreign mailing. The cost of this special mail handling

is not included in the costs of providing diagnostic reagents, slide

sets, and tissue sets. Therefore, we are proposing to charge the costs

for special mail handling to the person who requests the service.

User Fees for Endorsing Export Health Certificates (Sec. 130.20)

Section 130.20 provides user fees for each export health

certificate requested for the exportation of animals or birds. These

user fees are intended to cover the many steps associated with

endorsing the certificates. The steps include reviewing the health

certificates; confirming that the importing country's requirements have

[[Page 27919]] 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. These user fees also cover our costs for administrative

support (area office rent, utilities, supplies, etc), agency overhead,

and Departmental charges.

Section 130.20(c) states that ``* * * user fees prescribed in this

section will not apply to an export health certificate if it is

endorsed by an APHIS veterinarian in the course of performing

inspection or supervision services for the animals listed on the

certificate.* * *'' As explained in a final rule published in the

Federal Register on January 9, 1992 (57 FR 755-773, Docket No. 91-135),

this means that when an APHIS veterinarian endorses an export health

certificate in the course of conducting supervision or inspection

services concerning the export animals listed on the certificate, only

the hourly user fee applies. Since the publication of that rule, we

have found that in some cases all the steps necessary to endorse the

export health certificate, except signing the certificate, are

performed at separate times from the hourly inspection services. Thus,

we do not recover all our costs related to preparing the certificate

for signature by charging the hourly user fee. Therefore, we are

proposing to amend Sec. 130.20 to exempt from the flat rate user fee

only those export health certificates that are prepared for endorsement

completely on site of the inspection as an integral part of the

inspection service. In these cases, the appropriate hourly user fee

(hourly, premium, reimbursable overtime) would apply.

Sometimes, our veterinarians are unable to endorse the export

health certificates because importers withdraw their requests for

export health certificates after services have been performed. Despite

these circumstances, APHIS employees must provide the same services

that are provided for animals that are exported from the United States.

In order to recover our costs related to services for exporters

requesting export health certificates that are not endorsed, we are

proposing to charge the minimum user fee of $16.50, which was developed

primarily to cover the costs of handling unusually small importations

at ports of entry. The minimum user fee would apply for each export

health certificate that meets this description.

The export health certificates discussed above are requested for

various categories of animals and birds, including slaughter animals of

all types moving to Canada or Mexico; non-slaughter horses moving to

Canada; poultry; hatching eggs; animal products; and other animals and

birds. Under the last category, we have included any other endorsements

or certifications that may be needed for other animals and birds not

already listed. However, we are often asked to endorse or certify

articles that may not fall under the definitions of animals or birds.

For example, we are frequently asked to issue export certificates for

edible fish eggs. As our user fee regulations do not include a category

for these articles, we are not recovering our costs for providing this

service. Therefore, we are also proposing to amend Sec. 130.20(a) to

replace the ``animals and birds'' category with a category for ``other

endorsements or certifications.''

Section 130.20(c) contains a CFR reference that was not corrected

in a previous document when this section was redesignated. Therefore,

we are proposing to amend Sec. 130.20(c) to reference Sec. 130.21

instead of Sec. 130.7. This correction would align export services. It

would not affect any costs.

Miscellaneous

We are also proposing to make several miscellaneous changes to

clarify how certain user fees are to be applied. We believe these

changes would make it easier for users to determine their costs.

Payment of User Fees (Sec. 130.50)

Section 130.50 provides procedures for the payment of user fees.

Among other things, it provides that user fees may be paid, under

certain circumstances, by cash, check, money order, or credit card.

This section allows payment by all types of checks, including

traveler's checks, but it does not specify to whom the checks must be

made payable. Therefore, we are proposing to amend Sec. 130.50 to allow

payment of user fees by check, including traveler's check, drawn on a

U.S. bank and made payable to the ``U.S. Department of Agriculture'' or

``USDA.'' Additionally, we are proposing to allow payment by credit

card (VISA [Insert trademark symbol] or MasterCard [Insert trademark

symbol]) at any APHIS Animal Import Center or APHIS office that is

equipped to handle credit cards. We would add a footnote advising the

public that they may obtain a list of such offices or centers from the

Animal and Plant Health Inspection Service, Veterinary Services,

National Center for Import and Export, 4700 River Road Unit 38,

Riverdale, MD 20737-1231.

Definitions (Sec. 130.1)

Section 130.1 defines various terms used in the regulations.

Currently, the regulations include a definition of ``load.'' As

discussed under the ``Flat Rate User Fees: User Fees for the

Importation or Entry of Live Animals (Secs. 130.6 and 130.7)'' above,

we are proposing to revise the basis by which we determine the user fee

for certain live animals presented for importation into the United

States. As discussed under ``User Fee for Germ Plasm Containers

(Sec. 130.8)'' above, we are also proposing to revise the basis by

which we determine the user fee for germ plasm presented for

importation into or exportation from the United States. To accommodate

these changes, we are proposing to amend the definition of ``load'' to

read ``Those animals, poultry, or germ plasm, presented for importation

into the United States in a single shipment, that originate from the

same importer address, are destined for the same address, and require

one entry permit or authorization.''

The regulations define ``pet bird'' to mean birds which are

imported for the personal pleasure of their individual owners and are

not intended for resale. We are proposing to amend this definition to

make it consistent with the definition of pet birds found in 9 CFR part

92. The proposed definition for pet birds would read ``Birds, except

ratites, which are imported for the personal pleasure of their

individual owners and are not intended for resale.''

Additionally, the regulations do not define ``test'' or ``United

States.'' These omissions have led to misunderstandings. Defining these

terms would help eliminate confusion. Therefore, we propose to amend

Sec. 130.1 by defining these terms as follows: (1) ``Test'' means a

single analysis performed on a single specimen from an animal, animal

product, commercial product, or animal feed; and (2) ``United States''

means the several States of the United States, the District of

Columbia, Guam, the Commonwealth of Northern Mariana Islands, the

Commonwealth of Puerto Rico, the Virgin Islands of the United States,

and all other territories and possessions of the United States.

Executive Order 12866 and Regulatory Flexibility Act

This proposed rule has been reviewed under Executive Order 12866.

This rule has been determined to be significant for the purposes of

Executive Order 12866 and, therefore, has been reviewed by the OMB.

This proposed rule updates certain fees related to import/export

inspection and certification, animal [[Page 27920]] quarantine, and

veterinary diagnostics. Some of the current fees must be changed to

ensure full recovery of APHIS' costs. The proposed amendments would

also provide further clarification of the Agency's user fee collection

process.

The proposed rule would, if adopted, increase user fee collections

by about $2.5 million each year. This would result in an annual

taxpayer savings of about $2.5 million, since these APHIS expenses

would not be funded by general tax revenues.

Fee revisions included in this proposed rule could impact some

importers/exporters of live animals, importers/exporters of animal

byproducts, and firms that seek APHIS' veterinary diagnostic services.

The revised fees are expected to have a relatively minor impact on

``small'' entities since the amount of increase represents only a small

fraction (less than 1 percent) of the typical cost of purchasing and

permanently importing a breeding grade registered animal into the

United States. That cost is between $1,500 and $5,000. Purchase and

import costs for feeder and slaughter animals are usually significantly

lower per animal, but can easily exceed $1,500 per animal. The price

increases included in this proposed rule range from $0.25 to $31.75 per

animal. The average cost increase is about $4.89 per animal. That is

less than 1 percent of purchase and import costs.

Executive Order 12778

This proposed rule has been reviewed under Executive Order 12778,

Civil Justice Reform. If this proposed rule is adopted: (1) All State

and local laws and regulations that are inconsistent with this rule

will be preempted; (2) no retroactive effect will be given to this

rule; and (3) administrative proceedings will not be required before

parties may file suit in court challenging this rule.

Paperwork Reduction Act

In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C.

3501 et seq.), the information collection or recordkeeping requirements

included in this proposed rule have been approved by the Office of

Management and Budget (OMB), and there are no new requirements. The

assigned OMB control numbers are 0579-0015, 0579-0055, and 0579-0094.

List of Subjects in 9 CFR Part 130

Animals, Birds, Diagnostic reagents, Exports, Imports, Poultry,

Quarantine, Reporting and recordkeeping requirements, Tests.

Accordingly, 9 CFR part 130 would be amended as follows:

PART 130--USER FEES

1. The authority citation for part 130 would continue to read as

follows:

Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 102-105,

111, 114, 114a, 134a, 134b, 134c, 134d, 134f, 135, 136, and 136a; 7

CFR 2.17, 2.51, and 371.2(d).

2. In Sec. 130.1, (the definition for ``Germplasm'' would be

removed and added in its place; the definitions of load and pet bird

would be revised; and definitions for ``Germ plasm'' ``test'' and

``United States'' would be added, in alphabetical order, to read as

follows:

Sec. 130.1 Definitions.

* * * * *

Germ plasm. Semen, embryos, or ova.

* * * * *

Load. Those animals, poultry, or animal germ plasm, presented for

importation into the United States in a single shipment, that originate

from the same importer address, are destined for the same address, and

require one entry permit or authorization.

* * * * *

Pet birds. Birds, except ratites, which are imported for the

personal pleasure of their individual owners and are not intended for

resale.

* * * * *

Test. A single analysis performed on a single specimen from an

animal, animal product, commercial product, or animal feed.

United States. The several States of the United States, the

District of Columbia, Guam, the Commonwealth of Northern Mariana

Islands, the Commonwealth of Puerto Rico, the Virgin Islands of the

United States, and all other territories and possessions of the United

States.

* * * * *

3. Section 130.2 would be amended as follows:

a. In the section heading, before the word ``birds'', by adding the

word ``certain''.

b. In paragraph (a), by revising the table to read as set forth

below.

Sec. 130.2 User fees for individual animals and certain birds

quarantined in APHIS Animal Import Centers.

(a) * * *

------------------------------------------------------------------------

Daily

Animal or bird user fee

------------------------------------------------------------------------

Birds (including zoo birds, but excluding ratites and pet

birds imported in accordance with Part 92 of this

subchapter):

0-250 grams.............................................. $1.00

251-1,000 grams.......................................... 3.25

Over 1,000 grams, and any bird in nonstandard housing or

receiving nonstandard care and handling................. 7.50

Ratites:

Chicks (less than 3 months of age)....................... 5.75

Juveniles (3 months through 10 months of age)............ 8.00

Adults (11 months of age and older)...................... 16.25

Poultry (including zoo poultry):

A. Doves, pigeons, quail................................. 2.00

B. Chickens, ducks, grouse, guinea fowl, partridge, pea

fowl, pheasants......................................... 3.50

C. Game cocks, geese, swans, turkeys, any poultry housed

in nonstandard housing or receiving nonstandard care and

handling................................................ 8.25

Equines (including zoo equines, but excluding miniature

horses):

1st through 3rd day...................................... 149.50

4th through 7th day...................................... 108.25

8th and later days....................................... 91.75

Miniature horses............................................. 40.25

Zoo animals (except equines, birds, and poultry)............. 32.25

Domestic animals:

Camels, cattle, bison, buffalo........................... 56.50

All others............................................... 15.00

------------------------------------------------------------------------

[[Page 27921]]

* * * * *

4. Section 130.3 would be amended as follows:

a. In paragraph (a)(1), by revising the table to read as set forth

below.

b. By revising paragraph (a)(3) to read as set forth below.

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

Centers.

(a)(1) * * *

------------------------------------------------------------------------

Monthly

Animal import center Space available user fee

------------------------------------------------------------------------

Miami, Fl:

South Wing......................... 6,952 sq. ft...... $30,285.00

(645.9 sq.m.).....

North Wing......................... 6,545 sq. ft...... $29,377.00

(608.1 sq.m.).....

Newburgh, NY:

Space A............................ 5,904 sq. ft...... $47,609.00

(548.5 sq.m.).....

Space B............................ 9,742 sq. ft...... $78,555.00

(905 sq.m.).......

------------------------------------------------------------------------

* * * * *

(c) * * *

(3) If the importer chooses to pay for additional services on an

hourly basis, the user fees for each employee required to perform the

service are:

(i) $56.00 per hour;

(ii) $14.00 per quarter-hour;

(iii) With a minimum of $16.50.

* * * * *

5. Section 130.4 would be amended as follows:

a. By designating the introductory paragraph as paragraph (a).

b. By adding a new paragraph (b) to read as set forth below.

Sec. 130.4 User fees for services at privately operated permanent

import-quarantine facilities.

* * * * *

(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 9 CFR part 97, must be paid

for each service, in addition to the user fee listed in this section.

6. Section 130.5 would be amended as follows:

a. In paragraph (b)(1), by removing ``$50.00'' and adding

``$56.00'' in its place.

b. In paragraph (b)(2), by removing ``$12.50'' and adding

``$14.00'' in its place.

c. In paragraph (b)(3), by removing ``$16.00'' and adding

``$16.50'' in its place.

d. By adding a new paragraph (c) to read as set forth below.

Sec. 130.5 User fees for services at privately operated temporary

import-quarantine facilities.

* * * * *

(c) 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 the

premium user fee rate, in lieu of the user fee listed in paragraph (b)

of this section, must be paid for each employee required to perform

each service:

(1) $65.00 per hour for weekdays and holidays; and

(2) $74.00 per hour for Sundays.

7. Section 130.6 would be amended as follows:

a. In paragraph (a), by removing the figure ``$16.00'' and adding

``$16.50'' in its place.

b. In paragraph (a), by removing the phrase ``live animals imported

into or entering the United States'' and adding ``live animals

presented for importation into or entry into the United States'' in its

place.

c. In paragraph (a), by revising the table to read as set forth

below.

Sec. 130.6 User fees for import or entry services for live animals at

land border ports along the United States-Mexico border.

(a) * * *

------------------------------------------------------------------------

User

Type of live animal fee(per

head)

------------------------------------------------------------------------

Feeder......................................................... $1.75

Slaughter...................................................... 2.50

Horses, other than slaughter................................... 29.25

In-bond or in transit.......................................... 3.75

Any ruminants not covered above................................ 6.00

------------------------------------------------------------------------

* * * * *

8. Section 130.7 would be amended as follows:

a. In paragraph (a), by removing the figure ``$16.00'' and adding

``$16.50'' in its place.

b. In paragraph (a), by removing the phrase ``live animals imported

into or entering the United States'' and adding ``live animals

presented for importation into or entry into the United States'' in its

place.

c. In paragraph (a), by revising the table to read as set forth

below:

Sec. 130.7 User fees for import or entry services for live animals at

all other ports of entry.

(a) * * *

------------------------------------------------------------------------

Type of live animal User fee

------------------------------------------------------------------------

Animals being imported into the United States:

Horses, other than slaughter and in transit horses.. $19.00 per head

Breeding animals, except horses--Grade animals:

Swine.............................................. 0.50 per head

Sheep and goats.................................... 0.50 per head

All others......................................... 2.25 per head

Registered animals, all types........................ 4.00 per head

Feeder animals:

Cattle (not including calves)...................... 1.00 per head

Swine.............................................. 0.50 per head

Sheep and calves................................... 0.25 per head

Slaughter animals, all types......................... 16.50 per load

Poultry (including eggs), imported for any purpose... 33.00 per load

Animals transiting\1\ the United States:

Cattle............................................. 1.00 per head

Swine.............................................. 0.25 per head

Sheep and goats.................................... 0.025 per head

Horses and all other animals....................... 4.50 per head

------------------------------------------------------------------------

\1\The user fee in this section will be charged for services provided to

in-bond animals or animals transiting the United States, at the actual

port of entry. For example, if the official port of entry is Guam, but

the animals are actually provided import or entry services in Alaska,

the user fee will be charged for services provided in Alaska. The

hourly user fee will be charged for services provided at the port

where the animals leave the United States.

* * * * *

9. In Sec. 130.8, paragraph (a), by revising the table and adding a

footnote at the end of the table to read as follows:

Sec. 130.8 User fees for other services.

(a) * * *

------------------------------------------------------------------------

Service User fee

------------------------------------------------------------------------

Inspection for approval of slaughter

establishment:

Initial approval............................ $246.50 for all

inspections required

during year.

Renewal..................................... 213.50 for all

inspections required

during year.

Pet birds, except pet birds of U.S. origin

entering the United States from Canada:

Which have been out of United States more 169.75 per lot.

than 60 days.

[[Page 27922]]

Which have been out of United States 60 days 71.25 per lot.

or less.

Germ Plasm--Being imported:\1\

Semen....................................... 39.50 per load.

Embryo...................................... 39.50 per load.

Being exported:\2\

Semen....................................... 33.50 per certificate.

Embryo (up to 5 donor pairs)................ 54.75 per certificate.

Embryo (each additional group of donor 24.75 per group of

pairs, up to 5 pairs per group). donor pairs.

Processing VS form 16-3, ``Application for

Permit to Import Controlled Material/Import or

Transport Organisms or Vectors'':

For permit to import fetal bovine serum when 208.50 per

facility inspection is required. application.

For all other permits....................... 27.50 per application.

Amended application......................... 11.50 per amended

application.

Application renewal......................... 15.00 per application.

Fetal Bovine Serum sample verification...... 666.00 per

verification.

Import compliance assistance................ 24.00 per release.

Release from export agricultural hold....... 24.00 per release.

Inspection of approved establishments,

warehouses, and facilities under 9 CFR parts 94

through 96:

Approval (Compliance Agreement)............. 262.75 for first year

of 3-year approval

(for all inspections

required during the

year).

Renewed approval............................ 152.00 per year for

second and third

years of 3-year

approval (for all

inspections required

during the year).

------------------------------------------------------------------------

\1\For inspection of empty containers being imported into the United

States, the applicable hourly user fee would apply.

\2\This user fee includes a single inspection and resealing of the

container. Each subsequent inspection and resealing requires the

payment of an additional user fee.

* * * * *

10. Section 130.9 would be amended as follows:

a. In paragraph (a) introductory text, by removing the figure

``$50.00'' and adding ``$56.00'' in its place, and by removing the

figure ``$12.50'' and adding ``$14.00'' in its place.

b. In paragraph (a) introductory text, by removing the figure

``$16.00'' and adding ``$16.50, for each employee required to perform

the service'' in its place.

c. By revising paragraph (b) to read as set forth below.

Sec. 130.9 User fees for miscellaneous import or entry services.

* * * * *

(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 the

premium user fee rate, in lieu of the user fee listed in paragraph (a)

of this section, must be paid for each employee required to perform

each service:

(1) $65.00 per hour for weekdays and holidays; and

(2) $74.00 per hour for Sundays.

11. Section 130.10 would be added to read as follows:

Sec. 130.10 User fees for pet birds quarantined at APHIS-owned or

supervised quarantine facilities.

(a) The person for whom the service is provided and the person

requesting the service are jointly and severally liable for the

following user fees, which include standard care, feed, and handling,

and which must be paid for each animal or bird quarantined in an Animal

Import Center.7

\7\See footnote 5 to Sec. 130.2(a).

------------------------------------------------------------------------

Daily

Number of birds in isolette Fee

------------------------------------------------------------------------

1.............................................................. $6.50

2.............................................................. 7.75

3.............................................................. 9.25

4.............................................................. 10.75

5.............................................................. 12.00

------------------------------------------------------------------------

(b) Based on the information provided to APHIS personnel, APHIS

personnel at the Animal Import Center or other APHIS owned or

supervised quarantine facility will determine the appropriate number of

birds that should be housed per isolette.

(c) If the person or persons for whom the service is provided or

the person or persons requesting the service request additional

services on an hourly basis, the user fees for each employee required

to perform the service are:

(1) $56.00 per hour; and

(2) $14.00 per quarter-hour;

(3) With a minimum of $16.50.

12. Section 130.14 would be amended as follows:

a. By revising the section heading to read as set forth below.

b. In paragraph (a), after the term ``NVSL'', by adding the phrase

``or at authorized import sites (excluding FADDL)''.

c. In paragraph (a), by revising footnote 1 to the table to read as

set forth below.

d. By adding a new paragraph (c) to read as set forth below.

Sec. 130.14 User fees for tests performed by the NVSL or at authorized

import sites (excluding FADDL).

(a) * * *

\1\Because tests with multiple and subsequent antigens can be

set up for a fraction of the cost of a single-antigen test, tests

subsequent to the first antigen used for these assays are reduced

down to 20% of the cost of using the first antigen. The following

are examples of these cost savings: complement fixation (CF) tests

for equine encephalomyelitis or vesicular stomatitis;

hemagglutination inhibition (HI) for equine encephalomyelitis or

equine influenza; virus neutralization (VN) tests for porcine

respiratory and reproductive syndrome. For example, for CF tests for

eastern equine encephalomyelitis (EEE), western equine

encephalomyelitis (WEE), and Venezuelan equine encephalomyelitis

(VEE) and for VN tests for the New Jersey and Indiana serovars of

vesicular stomatitis (VS), the costs are as follows: EEE--$9.00, WEE

and VEE--$2.00 each; VS New Jersey--$7.50, VS Indiana--$1.50. The

total of these five assays is $22.00 for each specimen submitted.

* * * * *

(c) The user fees in this section do not include any costs that may

be incurred due to special mail handling, such as express, overnight,

or foreign mailing. If a test requires special mail handling, all costs

incurred must be paid by the user as specified in paragraph (a) of this

section, in addition to the user fee listed in paragraph (a) of this

section. [[Page 27923]]

13. Section 130.15 would be amended as follows:

a. In paragraph (a), by revising footnote 1 to the table to read as

set forth below.

b. By adding a new paragraph (c) to read as set forth below.

Sec. 130.15 User fees for tests performed at FADDL.

(a) * * *

\1\Because tests with multiple and subsequent antigens can be

set up for a fraction of the cost of a single-antigen test, tests

subsequent to the first antigen used for these assays are reduced

down to 20% of the cost of using the first antigen. The following

assays are examples of these cost savings: complement fixation (CF)

tests for foot-and-mouth disease or vesicular stomatitis; virus

neutralization (VN) tests for foot-and-mouth disease or vesicular

stomatitis. For example, for CF and VN tests for foot-and-mouth

disease A, O, and C antigens, the costs are as follows: CF A

antigen--$30.50, O antigen--$6.25, and C antigen--$6.25; VN A

antigen--$22.00, O antigen--$4.50, and C antigen--$4.50. The total

of these six assays is $74.00 for each specimen tested for these

agents.

* * * * *

(c) The user fees in this section do not include any costs that may

be incurred due to special mail handling, such as express, overnight,

or foreign mailing. If a test requires special mail handling, all costs

incurred must be paid by the user as specified in paragraph (a) of this

section in addition to the user fee listed in paragraph (a) of this

section.

14. Section 130.16 would be amended as follows:

a. In paragraph (a), in the table, by revising the entry for

``Virus isolation'' and by adding a new test in alphabetical order to

read as set forth below.

b. By adding a new paragraph (c) to read as set forth below.

Sec. 130.16 User fees for reference assistance testing.

(a) * * *

------------------------------------------------------------------------

Test User fee

------------------------------------------------------------------------

* * * * *

(3) Other tests:

* * * * *

Virus isolation (except Newcastle disease virus).............. $29.75

Virus isolation for Newcastle disease virus................... 14.00

------------------------------------------------------------------------

* * * * *

(c) The user fees in this section do not include any costs that may

be incurred due to special mail handling, such as express, overnight,

or foreign mailing. If a test requires special mail handling, all costs

incurred must be paid by the user as specified in paragraph (a) of this

section in addition to the user fee listed in paragraph (a) of this

section.

15. Section 130.17 would be amended as follows:

a. In paragraph (a), in the table, in the entry for Johnin: OT,

under the Unit (ml.) column, by removing the numeral ``10'' and adding

``2'' in its place.

b. By adding a new paragraph (c) to read as set forth below.

Sec. 130.17 User fees for diagnostic reagents, slide sets, and tissue

sets.

* * * * *

(c) The user fees in this section do not include any costs that may

be incurred due to special mail handling, such as express, overnight,

or foreign mailing. If a test requires special mail handling, all costs

incurred must be paid by the user as specified in paragraph (a) of this

section in addition to the user fee listed in paragraph (a) of this

section.

16. Section 130.18 would be amended as follows:

a. By redesignating the existing text as paragraph (a).

b. By adding a new paragraph (b) to read as set forth below.

Sec. 130.18 User fees for sterilization by gamma radiation.

(a) * * *

(b) The user fees in this section do not include any costs that may

be incurred due to special mail handling, such as express, overnight,

or foreign mailing. If a test requires special mail handling, all costs

incurred must be paid by the user as specified in paragraph (a) of this

section in addition to the user fee listed in paragraph (a) of this

section.

17. Section 130.20 would be amended as follows:

a. In paragraph (a), by redesignating footnote 7 as footnote 8, and

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.

c. In paragraph (c), by removing the words ``it is endorsed'' and

by adding the phrase ``the export health certificate is prepared for

endorsement completely at the site of the inspection'' in their place.

d. In paragraph (c), by removing the reference ``Sec. 130.7'' and

adding ``Sec. 130.21'' in its place.

e. By redesignating paragraph (d) as paragraph (e) and adding a new

paragraph (d) to read as set forth below.

Sec. 130.20 User fees for endorsing export health certificates.

(a) * * *

------------------------------------------------------------------------

Certificate categories User fee

------------------------------------------------------------------------

Slaughter animals, of any type, moving to..................... $24.50

Canada or Mexico.............................................. ........

Nonslaughter horses to Canada................................. 26.25

Poultry....................................................... 21.00

Hatching eggs................................................. 21.00

Animal products............................................... 21.50

Other endorsements or certifications.......................... 16.50

------------------------------------------------------------------------

(b)(1) * * *

------------------------------------------------------------------------

Number of tests/vaccinations Number of animals on

required certificate Fee

------------------------------------------------------------------------

1-2........................... First animal.................. $52.50

Each additional animal........ 3.00

3-6........................... First animal.................. 64.75

Each additional animal........ 5.00

7 or more..................... First animal.................. 75.75

Each additional animal........ 6.00

------------------------------------------------------------------------

* * * * *

(d) The user fees prescribed in this section will not apply if a

requested export health certificate is not endorsed by an APHIS

veterinarian. The minimum user fee of $16.50 will be charged for each

export health certificate that is requested but not endorsed.

18. Section 130.21 would be amended as follows:

a. By revising paragraphs (a)(1) through (a)(5) to read as set

forth below.

b. By adding new paragraphs (a)(6) and (a)(7) to read as set forth

below.

c. In paragraph (b), before the colon, by adding the phrase

``charged per each employee required to perform the service''.

d. In paragraph (b)(1), by removing the figure $50.00 and adding

``$56.00'' in its place.

e. In paragraph (b)(2), by removing the figure ``$12.50'' and

adding ``$14.00'' in its place.

f. In paragraph (b)(3), by removing the figure ``$16.00'' and

adding ``$16.50'' in its place.

g. By revising paragraph (c) to read as set forth below.

Sec. 130.21 User fees for inspection and supervision services provided

within the United States for export animals, birds, and animal products

and byproducts.

(a) * * *

(1) Inspecting an export isolation facility and animals in it;

(2) Supervising animal or bird rest periods prior to export;

(3) Supervising loading or unloading of animals or birds for export

shipment;

(4) Inspecting means of conveyance used to export animals or birds;

(5) Conducting inspections under authority of part 156 of this

chapter; [[Page 27924]]

(6) Approving or inspecting an embryo or semen collection center or

the animals in it; and

(7) Other export or embarkation services not specified elsewhere in

this part.

* * * * *

(c) 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 the

premium user fee rate, in lieu of the user fee listed in paragraph (b)

of this section, must be paid for each employee required to perform

each service:

(1) $65.00 per hour for weekdays and holidays; and

(2) $74.00 per hour for Sundays.

19. Section 130.50 would be amended as follows:

a. In paragraph (b)(1), by redesignating footnote 8 as footnote 9

and revising it to read as set forth below.

b. In paragraph (b)(2), at the end of the sentence, by adding

``drawn on a U.S. bank in U.S. dollars and made payable to the U.S.

Department of Agriculture or USDA''.

c. In paragraph (b)(3), immediately before the word ``or'', by

adding ``drawn on a U.S. bank in U.S. dollars and made payable to the

U.S. Department of Agriculture or USDA''.

d. By revising paragraph (b)(4) to read as set forth below.

Sec. 130.50 Payment of user fees.

* * * * *

(b) * * *

(4) Credit cards (VISA [Insert trademark symbol] or MasterCard

[Insert trademark symbol]) if payment is made at an Animal Import

Center or an APHIS office that is equipped to process credit cards.\9\

\9\A list of Animal Import Centers and APHIS offices that accept

credit cards may be obtained from the Animal and Plant Health

Inspection Service, Veterinary Services, National Center for Import

and Export, 4700 River Road Unit 38, Riverdale, MD 20737-1231.

---------------------------------------------------------------------------

* * * * *

Done in Washington, DC, this 22nd day of May 1995.

Terry L. Medley,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 95-12999 Filed 5-25-95; 8:45 am]

BILLING CODE 3410-34-P