User Fees; Updates and Clarifications, 70765-70767 [E7-24177]
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Federal Register / Vol. 72, No. 239 / Thursday, December 13, 2007 / Rules and Regulations
Done in Washington, DC, this 7th day of
December 2007.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E7–24176 Filed 12–12–07; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 354
9 CFR Parts 130 and 156
[Docket No. APHIS–2006–0028]
RIN 0579–AC44
User Fees; Updates and Clarifications
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
AGENCY:
We are amending our
Agricultural Quarantine and Inspection
Services user fee regulations to update
an address that appears in several
places. We are also making several
nonsubstantive changes to the
Veterinary Services user fee regulations
to correct errors and to clarify the
services covered by certain existing user
fees. These changes, which do not affect
any existing fees, are necessary to
ensure that the user fee regulations are
up to date and to ensure their clarity.
EFFECTIVE DATE: January 14, 2008.
FOR FURTHER INFORMATION CONTACT: Mrs.
Kris Caraher, User Fees Section Head,
Financial Services Branch, Financial
Management Division, MRBPS, APHIS,
4700 River Road Unit 54, Riverdale, MD
20737–1232; (301) 734–5901.
SUPPLEMENTARY INFORMATION:
SUMMARY:
rwilkins on PROD1PC63 with RULES
Background
On July 17, 2007, we published in the
Federal Register (72 FR 39025–39028,
Docket No. APHIS–2006–0028) a
proposal 1 to amend our Agricultural
Quarantine and Inspection (AQI)
Services user fee regulations contained
in 7 CFR part 354 to update an address
that appears in several places. We also
proposed several nonsubstantive
changes to the Veterinary Services user
fee regulations contained in 9 CFR part
130 to correct errors and to clarify the
services covered by certain existing user
fees. Finally, we proposed to remove all
references to cooperative agreements in
1 To view the proposed rule, go to https://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2006-0028.
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16:31 Dec 12, 2007
Jkt 214001
70765
9 CFR part 156 because the export
product endorsement and inspection
services formerly covered by those
agreements are now covered by user fees
in 9 CFR part 130. These changes,
which do not affect any existing fees,
are necessary to ensure that the user fee
regulations are up to date and to ensure
their clarity.
We solicited comments concerning
our proposal for 60 days ending
September 17, 2007. We did not receive
any comments. Therefore, for the
reasons given in the proposed rule, we
are adopting the proposed rule as a final
rule, without change.
List of Subjects
Executive Order 12866 and Regulatory
Flexibility Act
This rule has been reviewed under
Executive Order 12866. The rule has
been determined to be not significant for
the purposes of Executive Order 12866
and, therefore, has not been reviewed by
the Office of Management and Budget.
This rule amends our AQI user fee
regulations by updating an address that
appears in several places. We also make
several nonsubstantive changes to the
Veterinary Services user fee regulations
to correct errors and to clarify existing
user fee services. The changes to the
regulations are administrative in nature
and do not result in any new fees being
charged or any additional entities
becoming subject to user fees.
Under these circumstances, the
Administrator of the Animal and Plant
Health Inspection Service has
determined that this action will not
have a significant economic impact on
a substantial number of small entities.
Exports, Livestock, Poultry and
poultry products, Reporting and
recordkeeping requirements.
I Accordingly, we are amending 7 CFR
part 354 and 9 CFR parts 130 and 156
as follows:
Executive Order 12372
This program/activity is listed in the
Catalog of Federal Domestic Assistance
under No. 10.025 and is subject to
Executive Order 12372, which requires
intergovernmental consultation with
State and local officials. (See 7 CFR part
3015, subpart V.)
7 CFR Part 354
Animal diseases, Exports,
Government employees, Imports, Plant
diseases and pests, Quarantine,
Reporting and recordkeeping
requirements, Travel and transportation
expenses.
9 CFR Part 130
Animals, Birds, Diagnostic reagents,
Exports, Imports, Poultry and poultry
products, Quarantine, Reporting and
recordkeeping requirements, Tests.
9 CFR Part 156
TITLE 7—[AMENDED]
PART 354—OVERTIME SERVICES
RELATING TO IMPORTS AND
EXPORTS; AND USER FEES
1. The authority citation for part 354
continues to read as follows:
I
Authority: 7 U.S.C. 7701–7772, 7781–7786,
and 8301–8317; 21 U.S.C. 136 and 136a; 49
U.S.C. 80503; 7 CFR 2.22, 2.80, and 371.3.
§ 354.3
[Amended]
2. In § 354.3, paragraphs (d)(4)
introductory text, (d)(5), (d)(6), (e)(3)(i),
(e)(3)(ii), (e)(4), (f)(5)(i), (f)(5)(ii),
(f)(5)(iii), (f)(6), and (f)(7), the words
‘‘Box 952181, St. Louis, MO 63195–
2181’’ are removed and the words ‘‘Box
979044, St. Louis, MO 63197–9000’’ are
added in their place.
I
TITLE 9—[AMENDED]
PART 130—USER FEES
3. The authority citation for part 130
continues to read as follows:
I
Executive Order 12988
This final rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts
all State and local laws and regulations
that are in conflict with this rule; (2) has
no retroactive effect; and (3) does not
require administrative proceedings
before parties may file suit in court
challenging this rule.
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.
Paperwork Reduction Act
This final rule contains no new
information collection or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
§ 130.3
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Fmt 4700
Sfmt 4700
§ 130.2
[Amended]
4. In § 130.2, paragraph (a), the first
sentence is amended by adding the
words ‘‘for any service rendered by an
APHIS representative’’ after the word
‘‘fees’’.
I
[Amended]
5. In § 130.3, paragraph (c)(3) is
amended by removing the words ‘‘for
those services’’ and adding the words
‘‘for any service rendered by an APHIS
representative’’ in their place.
I
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70766
§ 130.4
Federal Register / Vol. 72, No. 239 / Thursday, December 13, 2007 / Rules and Regulations
[Amended]
6. In § 130.4, the first sentence of the
section is amended by adding the words
‘‘for any service rendered by an APHIS
representative’’ after the word ‘‘fees’’,
and the sentence ‘‘These fees are
nonrefundable.’’ is added after the
second sentence.
I
§ 130.5
7. In § 130.5, paragraph (a), the first
sentence is amended by adding the
words ‘‘for any service rendered by an
APHIS representative’’ after the word
‘‘fees’’.
*
*
*
*
*
(b) If a service must be conducted on
a Sunday or holiday or at any other time
outside the normal tour of duty of the
employee, then reimbursable overtime,
as provided for in part 97 of this
chapter, must be paid for each service,
in addition to the user fee listed in this
section.
*
*
*
*
*
[Amended]
8. In § 130.6, paragraph (a), the first
sentence is amended by adding the
words ‘‘for any service rendered by an
APHIS representative’’ after the word
‘‘fees’’.
I
§ 130.8
[Amended]
10. In § 130.8, paragraph (a), the first
sentence is amended by adding the
words ‘‘for any service rendered by an
APHIS representative’’ after the word
‘‘fees’’.
I
§ 130.11
[Amended]
11. In § 130.11, paragraph (a) is
amended by adding the sentence ‘‘These
user fees do not apply to inspection
activities covered in § 130.30(a)(2).’’
after the last sentence.
I 12. In § 130.20, paragraph (b)(1) is
amended by adding footnote 1 in the
table heading and by revising in the
table the entry for ‘‘Nonslaughter horses
to Canada’’ to read as follows:
I
§ 130.7 User fees for import or entry
services for live animals at land border
ports along the United States-Canada
border.
[Amended]
I
§ 130.6
9. Section 130.7 is amended as
follows:
I a. In paragraph (a), first sentence, by
adding the words ‘‘for any service
rendered by an APHIS representative’’
after the word ‘‘fees’’.
I b. By adding paragraph (b) to read as
set forth below.
I
§ 130.20 User fees for endorsing export
certificates.
*
*
*
(b)(1) * * *
*
*
Number 1 of tests or vaccinations and number of animals or birds on the certificate
User fee beginning
Oct. 1, 2003
*
*
*
*
*
*
Nonslaughter horses to Canada:
First horse ...........................................................................................................................................................................
Each additional horse .........................................................................................................................................................
*
*
1 Rabies
*
*
*
*
*
*
13. Section 130.30 is amended as
follows:
I a. In the introductory text of
paragraph (a), by removing the words
‘‘through (a)(13)’’ and adding the words
‘‘through (a)(18)’’ in their place.
I b. Paragraph (a)(2) is revised to read
as set forth below.
I c. In paragraph (a)(4), by adding the
words ‘‘, such as monitoring birds—
including but not limited to pet birds—
between flights’’ after the word
‘‘quarantine’’.
I d. Paragraph (a)(13) is redesignated as
paragraph (a)(18), and new paragraphs
(a)(13), (a)(14), (a)(15), (a)(16), and
(a)(17) are added to read as set forth
below.
I
Hourly rate and minimum user
(a) * * *
*
*
*
*
(2) Conducting inspections, including
inspections of laboratories and facilities
(such as biosecurity level two facilities),
required either to obtain import permits
for animal products, aquaculture
products, or organisms or vectors, or to
maintain compliance with import
permits. This hourly rate does not apply
*
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*
*
*
vaccinations are not included in this number.
*
§ 130.30
fees.
*
$38.00
4.25
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Jkt 214001
to inspection activities covered in
§ 130.11.
*
*
*
*
*
(13) Import or entry services for feeder
animals including, but not limited to,
feeder goats and feeder bison not
covered by a flat rate user fee in § 130.7.
(14) Export-related bird banding for
identification.
(15) Export-related inspection and
approval of pet food facilities, including
laboratories that perform pet food
testing.
(16) Export-related services provided
at animal auctions.
(17) Various export-related facility
inspections, including, but not limited
to, fertilizer plants that utilize poultry
waste, rendering plants, and potential
embarkation facilities.
*
*
*
*
*
PART 156—VOLUNTARY INSPECTION
AND CERTIFICATION SERVICE
14. The authority citation for part 156
continues to read as follows:
I
Authority: 7 U.S.C. 1622 and 1624; 21
U.S.C. 136a; 7 CFR 2.22, 2.80, and 371.4.
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
§ 156.2
[Amended]
15. Section 156.2 is amended as
follows:
I a. By removing the definition of
cooperative agreement.
I b. In the definition of inspector, by
removing the words ‘‘under a
cooperative agreement’’.
I
§ 156.4
[Amended]
16. Section 156.4 is amended by
removing the words ‘‘under a
cooperative agreement’’.
I
§ 156.5
[Amended]
17. Section 156.5 is amended by
removing the words ‘‘service is to be
furnished under a cooperative
agreement;’’ and adding the words ‘‘the
requirements of part 130 of this title are
met;’’ in their place.
I 18. Section 156.7 is revised to read as
follows:
I
§ 156.7
User fees under 9 CFR part 130.
User fees under part 130 of this
chapter for service (including travel and
other expenses incurred in connection
with the furnishing of service) under
this part shall be paid by the applicant.
If required by the Administrator, the
user fees under part 130 of this chapter
E:\FR\FM\13DER1.SGM
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Federal Register / Vol. 72, No. 239 / Thursday, December 13, 2007 / Rules and Regulations
shall be paid in advance. Since the user
fees under part 130 of this chapter are
for the purpose of reimbursing the
Department for all costs incurred in
connection with the furnishing of
service under this part, the appropriate
user fees under part 130 of this chapter
to cover any such costs shall be paid
even if service is withheld pursuant to
§ 156.8.
Done in Washington, DC, this 7th day of
December 2007.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E7–24177 Filed 12–12–07; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2007–28601; Airspace
Docket No. 07–AEA–02]
Establishment of Class D and E
Airspace, Revision of Class E
Airspace; Easton, MD
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: This action establishes Class
D, E2 and E4 airspace at Easton, MD to
provide adequate airspace that will
support the new Air Traffic Control
Tower constructed at Easton Airport/
Newnam Field. Increased safety and
airspace management is enhanced
through this rule by providing
controlled airspace for Instrument
Approaches and Instrument and Visual
Flight Rule operations. This action also
amends Class E5 airspace at Easton, MD
by imparting a technical correction to
the airport’s name.
DATES: Effective 0901 UTC, February 14,
2008. The Director of the Federal
Register approves this incorporation by
reference action under title 1, Code of
Federal Regulations, part 51, subject to
the annual revision of FAA Order
7400.9 and publication of conforming
amendments.
rwilkins on PROD1PC63 with RULES
FOR FURTHER INFORMATION CONTACT:
Daryl Daniels, Air Traffic Control
Specialist, System Support Group,
Eastern Service Center, Federal Aviation
Administration, P.O. Box 20636,
Atlanta, Georgia 30320; telephone (404)
305–5581.
SUPPLEMENTARY INFORMATION:
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16:31 Dec 12, 2007
Jkt 214001
History
On September 6, 2007, the FAA
published in the Federal Register an
NPRM to establish Class D, E2, and E4
airspace and amend Class E5 airspace at
Easton, MD (72 FR 51203). Due to the
volume and mix of aircraft operating at
the airport, an Air Traffic Control Tower
has been built with weather reporting
capabilities at Easton Airport/Newnam
Field which meets the criteria for Class
D and E4 surface area airspace. Class D
surface area airspace and Class E4
airspace designated as an extension to
Class D surface airspace is required
when the control tower is open to
contain Standard Instrument Approach
Procedures (SIAPs) and other
Instrument Flight Rules (IFR) operations
at the airport. Additionally, the Potomac
Tracon receives the weather information
and has the ability to communicate with
aircraft on the ground at the airport,
thus meeting the criteria for Class E2
airspace. Class E2 surface area airspace
is required for safety reasons when the
control tower is closed to contain SIAPs
and other IFR operations at the airport.
This action establishes that airspace.
On May 25, 1993, the County Council
of Talbot County voted to officially
change the name of the Easton
Municipal Airport to Easton Airport/
Newnam Field honoring Mr. William
S.D. Newnam, having served the county
and the airport for forty years. That
change was never completely forwarded
to the proper authorities. This action
corrects that oversight.
Interested parties were invited to
participate in this rulemaking
proceeding by submitting written
comments on the proposal to the FAA.
No comments objecting to the proposal
were received.
The Rule
This amendment to Title 14, Code of
Federal Regulations (14 CFR) part 71
establishes Class D Airspace extending
upwards from the surface to and
including 2,600 feet MSL within a 4.0mile radius of the airport, Class E4
Airspace extension to Class D that is 5.4
miles wide and extends 7.4 miles
northeast of the Easton Non Directional
Beacon (NDB) and Class E2 airspace
whose dimensions include both. This
amendment also revises Class E5
Airspace to correctly identify the
airports’ name as Easton Airport/
Newnam Field at Easton, MD.
Class D and E2 Airspace Designations
for Airspace Areas extending upward
from the surface of the Earth, Class E4
Airspace Areas Designated as an
Extension to a Class D Surface Area and
Class E5 Airspace Areas extending
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Frm 00005
Fmt 4700
Sfmt 4700
70767
upward from 700 feet or more above the
surface of the Earth are published in
Paragraphs 5000, 6002, 6004 and 6005
respectively of FAA Order 7400.9R,
signed August 15, 2007, and effective
September 15, 2007, which is
incorporated by reference in 14 CFR
71.1. The Class D and E Airspae
designations listed in this document
will be published subsequently in the
Order.
The regulations adopted herein will
not have substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among various levels of
government. Therefore, it is determined
that this final rule does not have
federalism implications under Executive
Order 13132.
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore, (1) is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
Regulatory Evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority.
This rulemaking is promulgated
under the authority described in
Subtitle VII, part A, Subpart I, Section
40103. Under that section, the FAA is
charged with prescribing regulations to
assign the use of airspace necessary to
ensure the safety of aircraft and the
efficient use of airspace. This regulation
is within the scope of that authority as
it establishes controlled airspace at the
Easton Airport/Newnam Field, Easton,
MD.
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (Air).
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]]>Agencies
[Federal Register Volume 72, Number 239 (Thursday, December 13, 2007)]
[Rules and Regulations]
[Pages 70765-70767]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24177]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 354
9 CFR Parts 130 and 156
[Docket No. APHIS-2006-0028]
RIN 0579-AC44
User Fees; Updates and Clarifications
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending our Agricultural Quarantine and Inspection
Services user fee regulations to update an address that appears in
several places. We are also making several nonsubstantive changes to
the Veterinary Services user fee regulations to correct errors and to
clarify the services covered by certain existing user fees. These
changes, which do not affect any existing fees, are necessary to ensure
that the user fee regulations are up to date and to ensure their
clarity.
EFFECTIVE DATE: January 14, 2008.
FOR FURTHER INFORMATION CONTACT: Mrs. Kris Caraher, User Fees Section
Head, Financial Services Branch, Financial Management Division, MRBPS,
APHIS, 4700 River Road Unit 54, Riverdale, MD 20737-1232; (301) 734-
5901.
SUPPLEMENTARY INFORMATION:
Background
On July 17, 2007, we published in the Federal Register (72 FR
39025-39028, Docket No. APHIS-2006-0028) a proposal \1\ to amend our
Agricultural Quarantine and Inspection (AQI) Services user fee
regulations contained in 7 CFR part 354 to update an address that
appears in several places. We also proposed several nonsubstantive
changes to the Veterinary Services user fee regulations contained in 9
CFR part 130 to correct errors and to clarify the services covered by
certain existing user fees. Finally, we proposed to remove all
references to cooperative agreements in 9 CFR part 156 because the
export product endorsement and inspection services formerly covered by
those agreements are now covered by user fees in 9 CFR part 130. These
changes, which do not affect any existing fees, are necessary to ensure
that the user fee regulations are up to date and to ensure their
clarity.
---------------------------------------------------------------------------
\1\ To view the proposed rule, go to https://www.regulations.gov/
fdmspublic/component/main?main=DocketDetail&d=APHIS-2006-0028.
---------------------------------------------------------------------------
We solicited comments concerning our proposal for 60 days ending
September 17, 2007. We did not receive any comments. Therefore, for the
reasons given in the proposed rule, we are adopting the proposed rule
as a final rule, without change.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has been determined to be not significant for the purposes of Executive
Order 12866 and, therefore, has not been reviewed by the Office of
Management and Budget.
This rule amends our AQI user fee regulations by updating an
address that appears in several places. We also make several
nonsubstantive changes to the Veterinary Services user fee regulations
to correct errors and to clarify existing user fee services. The
changes to the regulations are administrative in nature and do not
result in any new fees being charged or any additional entities
becoming subject to user fees.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule: (1) Preempts all State and local laws
and regulations that are in conflict with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
This final rule contains no new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects
7 CFR Part 354
Animal diseases, Exports, Government employees, Imports, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Travel and transportation expenses.
9 CFR Part 130
Animals, Birds, Diagnostic reagents, Exports, Imports, Poultry and
poultry products, Quarantine, Reporting and recordkeeping requirements,
Tests.
9 CFR Part 156
Exports, Livestock, Poultry and poultry products, Reporting and
recordkeeping requirements.
0
Accordingly, we are amending 7 CFR part 354 and 9 CFR parts 130 and 156
as follows:
TITLE 7--[AMENDED]
PART 354--OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND
USER FEES
0
1. The authority citation for part 354 continues to read as follows:
Authority: 7 U.S.C. 7701-7772, 7781-7786, and 8301-8317; 21
U.S.C. 136 and 136a; 49 U.S.C. 80503; 7 CFR 2.22, 2.80, and 371.3.
Sec. 354.3 [Amended]
0
2. In Sec. 354.3, paragraphs (d)(4) introductory text, (d)(5), (d)(6),
(e)(3)(i), (e)(3)(ii), (e)(4), (f)(5)(i), (f)(5)(ii), (f)(5)(iii),
(f)(6), and (f)(7), the words ``Box 952181, St. Louis, MO 63195-2181''
are removed and the words ``Box 979044, St. Louis, MO 63197-9000'' are
added in their place.
TITLE 9--[AMENDED]
PART 130--USER FEES
0
3. The authority citation for part 130 continues to read as follows:
Authority: 5 U.S.C. 5542; 7 U.S.C. 1622 and 8301-8317; 21 U.S.C.
136 and 136a; 31 U.S.C. 3701, 3716, 3717, 3719, and 3720A; 7 CFR
2.22, 2.80, and 371.4.
Sec. 130.2 [Amended]
0
4. In Sec. 130.2, paragraph (a), the first sentence is amended by
adding the words ``for any service rendered by an APHIS
representative'' after the word ``fees''.
Sec. 130.3 [Amended]
0
5. In Sec. 130.3, paragraph (c)(3) is amended by removing the words
``for those services'' and adding the words ``for any service rendered
by an APHIS representative'' in their place.
[[Page 70766]]
Sec. 130.4 [Amended]
0
6. In Sec. 130.4, the first sentence of the section is amended by
adding the words ``for any service rendered by an APHIS
representative'' after the word ``fees'', and the sentence ``These fees
are nonrefundable.'' is added after the second sentence.
Sec. 130.5 [Amended]
0
7. In Sec. 130.5, paragraph (a), the first sentence is amended by
adding the words ``for any service rendered by an APHIS
representative'' after the word ``fees''.
Sec. 130.6 [Amended]
0
8. In Sec. 130.6, paragraph (a), the first sentence is amended by
adding the words ``for any service rendered by an APHIS
representative'' after the word ``fees''.
0
9. Section 130.7 is amended as follows:
0
a. In paragraph (a), first sentence, by adding the words ``for any
service rendered by an APHIS representative'' after the word ``fees''.
0
b. By adding paragraph (b) to read as set forth below.
Sec. 130.7 User fees for import or entry services for live animals at
land border ports along the United States-Canada border.
* * * * *
(b) If a service must be conducted on a Sunday or holiday or at any
other time outside the normal tour of duty of the employee, then
reimbursable overtime, as provided for in part 97 of this chapter, must
be paid for each service, in addition to the user fee listed in this
section.
* * * * *
Sec. 130.8 [Amended]
0
10. In Sec. 130.8, paragraph (a), the first sentence is amended by
adding the words ``for any service rendered by an APHIS
representative'' after the word ``fees''.
Sec. 130.11 [Amended]
0
11. In Sec. 130.11, paragraph (a) is amended by adding the sentence
``These user fees do not apply to inspection activities covered in
Sec. 130.30(a)(2).'' after the last sentence.
0
12. In Sec. 130.20, paragraph (b)(1) is amended by adding footnote 1
in the table heading and by revising in the table the entry for
``Nonslaughter horses to Canada'' to read as follows:
Sec. 130.20 User fees for endorsing export certificates.
* * * * *
(b)(1) * * *
------------------------------------------------------------------------
Number \1\ of tests or vaccinations and number of User fee beginning
animals or birds on the certificate Oct. 1, 2003
------------------------------------------------------------------------
* * * * * * *
Nonslaughter horses to Canada:
First horse.................................... $38.00
Each additional horse.......................... 4.25
* * * * * * *
------------------------------------------------------------------------
\1\ Rabies vaccinations are not included in this number.
* * * * *
0
13. Section 130.30 is amended as follows:
0
a. In the introductory text of paragraph (a), by removing the words
``through (a)(13)'' and adding the words ``through (a)(18)'' in their
place.
0
b. Paragraph (a)(2) is revised to read as set forth below.
0
c. In paragraph (a)(4), by adding the words ``, such as monitoring
birds--including but not limited to pet birds--between flights'' after
the word ``quarantine''.
0
d. Paragraph (a)(13) is redesignated as paragraph (a)(18), and new
paragraphs (a)(13), (a)(14), (a)(15), (a)(16), and (a)(17) are added to
read as set forth below.
Sec. 130.30 Hourly rate and minimum user fees.
(a) * * *
* * * * *
(2) Conducting inspections, including inspections of laboratories
and facilities (such as biosecurity level two facilities), required
either to obtain import permits for animal products, aquaculture
products, or organisms or vectors, or to maintain compliance with
import permits. This hourly rate does not apply to inspection
activities covered in Sec. 130.11.
* * * * *
(13) Import or entry services for feeder animals including, but not
limited to, feeder goats and feeder bison not covered by a flat rate
user fee in Sec. 130.7.
(14) Export-related bird banding for identification.
(15) Export-related inspection and approval of pet food facilities,
including laboratories that perform pet food testing.
(16) Export-related services provided at animal auctions.
(17) Various export-related facility inspections, including, but
not limited to, fertilizer plants that utilize poultry waste, rendering
plants, and potential embarkation facilities.
* * * * *
PART 156--VOLUNTARY INSPECTION AND CERTIFICATION SERVICE
0
14. The authority citation for part 156 continues to read as follows:
Authority: 7 U.S.C. 1622 and 1624; 21 U.S.C. 136a; 7 CFR 2.22,
2.80, and 371.4.
Sec. 156.2 [Amended]
0
15. Section 156.2 is amended as follows:
0
a. By removing the definition of cooperative agreement.
0
b. In the definition of inspector, by removing the words ``under a
cooperative agreement''.
Sec. 156.4 [Amended]
0
16. Section 156.4 is amended by removing the words ``under a
cooperative agreement''.
Sec. 156.5 [Amended]
0
17. Section 156.5 is amended by removing the words ``service is to be
furnished under a cooperative agreement;'' and adding the words ``the
requirements of part 130 of this title are met;'' in their place.
0
18. Section 156.7 is revised to read as follows:
Sec. 156.7 User fees under 9 CFR part 130.
User fees under part 130 of this chapter for service (including
travel and other expenses incurred in connection with the furnishing of
service) under this part shall be paid by the applicant. If required by
the Administrator, the user fees under part 130 of this chapter
[[Page 70767]]
shall be paid in advance. Since the user fees under part 130 of this
chapter are for the purpose of reimbursing the Department for all costs
incurred in connection with the furnishing of service under this part,
the appropriate user fees under part 130 of this chapter to cover any
such costs shall be paid even if service is withheld pursuant to Sec.
156.8.
Done in Washington, DC, this 7th day of December 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-24177 Filed 12-12-07; 8:45 am]
BILLING CODE 3410-34-P
