Import/Export User Fees, 13999-14006 [E9-7022]
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13999
Rules and Regulations
Federal Register
Vol. 74, No. 59
Monday, March 30, 2009
Background
Plant Health Inspection Service (APHIS)
for animals, animal products, birds,
germ plasm, organisms, and vectors. We
are amending the user fees for these
import- and export-related services to
reflect the increased cost of providing
these services.
These user fees are authorized by
section 2509(c)(1) of the Food,
Agriculture, Conservation, and Trade
Act of 1990, as amended (21 U.S.C.
136a). APHIS is authorized to establish
and collect fees that will cover the cost
of providing import- and export-related
services for animals, animal products,
birds, germ plasm, organisms, and
vectors.
Since fiscal year (FY) 1992, APHIS
has received no directly appropriated
funds to provide import- and exportrelated services for animals, animal
products, birds, germ plasm, organisms,
and vectors. Our ability to provide these
services depends on user fees. We
change our user fees through the
standard rulemaking process of
publishing the proposed changes for
public comment in the Federal Register,
considering the comments, publishing
the final changes in the Federal
Register, and making the new user fees
effective 30 days after the final rule is
published.
For our user fees to cover our costs so
that we can continue to provide services
and to inform our customers of user fees
in time for advance planning, we
proposed to set user fees for our services
in advance for fiscal years 2009 to 2013.
The proposed rule was published in the
Federal Register on June 4, 2008 (73 FR
31771–31780, Docket No. APHIS–2006–
0144).1 The proposed user fees were
based on our costs of providing importand export-related services in fiscal
years 2005–2007, plus anticipated
annual increases in the salaries of the
employees who provide the services,
plus adjustments for inflation.
We solicited comments concerning
our proposal for 60 days ending August
4, 2008. We received seven comments
by that date. The comments were from
private citizens, a council of
ornithological organizations, and
livestock importers and exporters. The
commenters raised several issues
The regulations at 9 CFR part 130
(referred to below as the regulations) list
user fees for import- and export-related
services provided by the Animal and
1 To view the proposed rule and the comments
we received, go to https://www.regulations.gov/
fdmspublic/component/
main?main=DocketDetail&d=APHIS-2006-0144.
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Part 130
[Docket No. APHIS–2006–0144]
RIN 0579–AC59
Import/Export User Fees
AGENCY: Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the
regulations concerning user fees for
import- and export-related services that
we provide for animals, animal
products, birds, germ plasm, organisms,
and vectors. We are increasing those
fees for fiscal years 2009 through 2013
in order to ensure that the fees
accurately reflect the anticipated costs
of providing these services each year. By
publishing the annual user fee changes
in advance, users can incorporate the
fees into their budget planning.
DATES: Effective Date: April 29, 2009.
FOR FURTHER INFORMATION CONTACT: For
information concerning program
operations, contact Ms. Inez Hockaday,
Director, Management Support Staff,
VS, APHIS, 4700 River Road, Unit 44,
Riverdale, MD 20737–1231; (301) 734–
7517.
For information concerning user fee
rate development, contact Mrs. Kris
Caraher, User Fees Section Head,
Financial Management Division,
MRPBS, APHIS, 4700 River Road Unit
55, Riverdale, MD 20737–1232, (301)
734–0882.
SUPPLEMENTARY INFORMATION:
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associated with the proposed rule.
These issues are discussed below.
One commenter stated generally that
the proposed fee increases were too low.
We calculate our user fees to cover the
full cost of providing the services for
which we charge the fee. We are
confident that the user fees we proposed
will be sufficient to recover the cost of
providing these services. Furthermore,
we intend to review these fees on at
least an annual basis and will publish
any necessary adjustments in the
Federal Register.
Several commenters expressed
concern that increasing the fees would
hurt livestock import/export businesses
economically.
APHIS needs to increase the fees in
order to recover the costs of providing
import/export related services. In the
economic analysis for the proposed rule,
we examined the potential economic
effects of these user fee revisions on
businesses and determined, based on
the information available, that the
effects of the changes should be small
for both small and large entities. We
have reviewed those conclusions and
are confident that they are still accurate.
One commenter stated that the reserve
account was designed to issue credit to
commercial importers who deal in large
volumes of animals or animal products.
The commenter stated that all permits
should be paid for at the time of
application.
As we explained in the proposed rule,
the reserve account consists of
budgetary resources set aside to provide
for future needs and unforeseen
circumstances. The types of costs that
are considered when developing the
reserve include commitments, employee
benefits, contingencies, business cycle
ups and downs, capital equipment
replacement, and provision for future
legislative or executive actions. The
reserve is not designed to provide credit
to importers.
We specifically requested comments
about whether import compliance
assistance fees would be better charged
as hourly fees rather than as flat rate
fees. One commenter stated that while
charging hourly fees would improve
flexibility and make it easier to recover
costs, it would also add a burden to
agency staff to monitor their time so that
the hourly rate could be charged
accurately. The commenter stated that
correctly calculating time for a task in
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a busy office when one might be
simultaneously conducting other tasks
can be very challenging, and expressed
concern that this could lead to
undercharging fees. Based on these
concerns, the commenter recommended
not charging these fees at an hourly rate.
Another commenter asked that we
add a definition for import compliance
assistance to the regulations to clarify
what services were covered by the fees.
We agree with this commenter and
have added a definition for import
compliance assistance to the regulations
in § 130.1 in this final rule. We have
defined import compliance assistance
as ‘‘Import compliance assistance
includes services provided to an
importer whose shipment arrives at a
port of entry without the necessary
paperwork or with incomplete
paperwork and who requires assistance
to meet the requirements for entry into
the United States. Fees for import
compliance assistance are charged in
addition to the flat rate user fees.’’
One commenter requested that we
combine the import and transport
permits for untreated scientific material,
and requested that we increase the
duration of permits for the import and
transport of untreated scientific
materials from 1 to 3 years. The
commenter stated that these actions
would reduce agency workload and
therefore reduce costs.
Import permits are issued to foreign
shippers when scientific materials are
brought into the United States.
Transport permits are issued to
domestic shippers moving these
materials within the United States. The
processing required for these permits is
similar, which is why they are covered
under the same user fee, but the
requirements and restrictions for each
are different. Specifically, more
mitigations are required for import
permits because of the greater risks
involved in bringing untreated scientific
materials into the United States.
Combining the two permit types would
result in unnecessary restrictions being
placed on the domestic movement of
these materials. We did not propose to
change the structure or duration of any
permits in the proposed rule and are
making no changes in response to this
comment.
One commenter stated that fees
charged by the National Veterinary
Services Laboratories (NVSL) for testing
livestock for disease before export
should be either eliminated entirely or
reduced to the same amount as fees
charged at State laboratories.
We did not propose to revise the
NVSL user fees in the proposed rule.
The current fees for NVSL services were
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established in a final rule published in
the Federal Register on December 19,
2007 (72 FR 71744–71750, Docket No.
APHIS–2006–0161). As with other user
fees charged by APHIS, NVSL fees are
calculated to recover the actual costs of
providing testing services. We are
making no changes to the rule in
response to this comment.
We are also making a minor change to
the table in § 130.11 by adding a
footnote to the entry for inspection of
biosecurity level three facilities to
indicate where the fees for inspection of
biosecurity level two facilities are listed.
We are adding this footnote for the sake
of clarity.
Therefore, for the reasons given in the
proposed rule and in this document, we
are adopting the proposed rule as a final
rule, with the changes discussed in this
document.
members of the public who use the
system, rather than the public as a
whole, for its operation. User fees result
in movement toward a more socially
optimal level of demand where users
fully incorporate the cost of APHIS
services into their private costs. In
addition, by setting the fees for these
veterinary services to fully recover the
associated costs, we can assure that the
program operates at a level considered
sufficient to meet demand for these
services. If APHIS continued to collect
user fees at the current rates over the
next 5 years, total collections would be
approximately $113 million, nearly $54
million less than the projected cost of
administering the program from FY
2009 through FY 2013. This
demonstrates the magnitude of the
shortfall in cost recovery that would
occur absent the changes.
Executive Order 12866 and Regulatory
Flexibility Act
This final 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.
In accordance with 5 U.S.C. 604, we
have performed a final regulatory
flexibility analysis, which is
summarized below, regarding the
economic effects of this rule on small
entities. Copies of the full analysis are
available on the Regulations.gov Web
site (see footnote 1 in this document for
a link to Regulations.gov) or by
contacting the person listed under FOR
FURTHER INFORMATION CONTACT.
The Secretary of Agriculture is
authorized by the Food, Agriculture,
Conservation and Trade Act of 1990, as
amended, to prescribe and collect fees
to recover the costs of providing import
and export related services. APHIS is
amending the user fees for providing
veterinary services for import and
export activities (9 CFR part 130). These
fees are being updated to take into
account the routine increases in the cost
of doing business, such as inflation,
replacing equipment, maintaining
databases, etc., that have occurred since
the last update and those that are
expected to occur over the next 5 years.
In addition, the fees are being adjusted
to incorporate expenditures to maintain
the current level of operations, improve
service, and keep up with expanding
demand for services. These
expenditures include things from roof
replacement to the modernization of
facilities.
User fees recover the cost of operating
a public system by charging those
Effects on Small Entities
The user fee revisions included in this
final rule could affect some importers
and exporters of live animals, animal
products, and animal byproducts. The
Small Business Administration (SBA)
has established guidelines for
determining which businesses are to be
considered small. Importers and
exporters of live animals, animal
products, and animal byproducts are
identified within the broader
wholesaling trade sector of the U.S.
economy. A firm primarily engaged in
wholesaling animals or animal products
is considered small if it employs not
more than 100 persons. These entities
either sell goods on their own account
(import/export merchants) or arrange for
the sale of goods owned by others
(import/export agents and brokers). The
North American Industry Classification
System (NAICS) code 424430 covers
dairy products (except dried or canned)
merchant wholesalers. According to the
2002 Economic Census (the most recent
census available), more than 98 percent
of these wholesalers would be
considered small by SBA standards.2
NAICS code 424440 covers poultry and
poultry product merchant wholesalers.
About 97 percent of these firms would
be considered small according to the
2002 Economic Census. NAICS code
424470 covers meat and meat product
merchant wholesalers. About 97 percent
of these forms would be considered
small according to the 2002 Economic
Census. NAICS code 424520 covers
livestock merchant wholesalers. More
than 99 percent of the firms in this
category would be considered small
according to the 2002 Economic Census.
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2 2002 Economic Census, Department of
Commerce, United States Bureau of the Census.
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Thus, the vast majority of entities
potentially affected by the rule are likely
to be considered small. However, the
total impact of the changes should be
small, as the fee changes represent a
tiny fraction of the value of the
shipments of animals and animal
products. Imports and exports of
livestock, meats, dairy products,
poultry, and poultry products were
valued at more than $23.8 billion in
2005. By contrast, the increase in annual
collections from user fees included in
this final rule would be about $5.3
million in FY 2009, and rising to about
$14 million in 2013. We do not know
the proportion of import and export
services that are provided to small
entities. However, the degree to which
any firm, large or small, will be
impacted by these changes is dependent
on their level of participation in import
or export trade. Based on the
information that is available, the effects
of the changes contained in this final
rule should be small whether the entity
affected is small or large.
In the proposed rule, we invited
public comment on the expected
economic effects of the proposed action
on small entities, particularly costs
estimates of compliance costs and
impacts on revenue. Several
commenters expressed concern that
increasing the fees would hurt livestock
import/export businesses economically
but did not present any information
which would support this contention.
period. Therefore, this alternative was
rejected.
Another alternative to this rule was to
charge hourly rate fees for all veterinary
services. However, flat rate user fees are
appropriate when the cost of providing
a service is unchanging from user to
user and the service is requested in
relatively large numbers. It would be
unnecessarily complex and costly to
track hourly charges for services where
a flat rate could be consistently used.
Therefore, this alternative was rejected.
Another alternative to this rule was to
change all hourly fees to flat rate fees.
However, charging a flat rate is not
appropriate in all situations. We charge
flat rate fees in cases where a service
takes a consistent amount of time to
perform, but for some services there can
be a disparity in the time it takes to
perform a given service for one user
versus another. For example, hourly
rates are charged for the inspection of
biosecurity level 2 (BSL–2) laboratories,
including travel. The inspection covers
a specific checklist and is therefore
similar from facility to facility.
However, the amount of travel time
required of the inspector varies widely,
depending on the location of the
facility. It would be unfair to charge
both users the same flat fee for those
inspections. Therefore, this alternative
was rejected.
This proposed rule contains no new
information collection or recordkeeping
requirements. (See ‘‘Paperwork
Reduction Act’’ below).
Alternatives
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.)
One alternative to this rule was to
leave the regulations unchanged. In this
case, the fees would remain unchanged.
The current fees do not take into
account the routine increases in the cost
of doing business, such as inflation,
replacing equipment, maintaining
databases, etc., that have occurred since
the last update. In addition, the fees are
being adjusted to incorporate
expenditures to maintain the current
level of operations, improve service, and
keep up with increasing demand for
services. If APHIS were to continue to
collect user fees at the current rates in
fiscal years 2009–2013, total collections
would be nearly $54 million short of
projected program costs over that
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 inconsistent 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
information collection or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 9 CFR Part 130
Animals, Birds, Diagnostic reagents,
Exports, Imports, Poultry and poultry
products, Quarantine, Reporting and
recordkeeping requirements, Tests.
■ Accordingly, we are amending 9 CFR
part 130 as follows:
PART 130—USER FEES
1. The authority citation for part 130
continues to read as follows:
■
Authority: 5 U.S.C. 5542; 7 U.S.C. 1622
and 8301–8317; 21 U.S.C. 136 and 136a; 31
U.S.C. 3701, 3716, 3717, 3719, and 3720A; 7
CFR 2.22, 2.80, and 371.4.
2. Section 130.1 is amended by
adding, in alphabetical order, a
definition for import compliance
assistance to read as follows:
■
§ 130.1
Definitions.
*
*
*
*
*
Import compliance assistance. Import
compliance assistance includes services
provided to an importer whose
shipment arrives at a port of entry
without the necessary paperwork or
with incomplete paperwork and who
requires assistance to meet the
requirements for entry into the United
States. Fees for import compliance
assistance are charged in addition to the
flat rate user fees.
*
*
*
*
*
■ 3. Section 130.2 is amended as
follows:
■ a. By revising the section heading to
read as set forth below.
■ b. In paragraph (a), by revising the
table to read as set forth below.
■ c. In paragraph (b), by revising the
table to read as set forth below.
■ d. By removing paragraph (d).
§ 130.2 User fees for individual animals
and certain birds quarantined in the APHISowned or -operated quarantine facilities,
including APHIS Animal Import Centers.
(a) * * *
Daily user fee
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Animal or bird
Apr. 29,
2009–Sept.
30, 2009
Birds (excluding ratites and pet birds imported in accordance
with part 93 of this subchapter):
0–250 grams ...........................................................................
251–1,000 grams ....................................................................
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Oct. 1, 2009–
Sept. 30,
2010
Oct. 1, 2010–
Sept. 30,
2011
Oct. 1, 2011–
Sept. 30,
2012
Beginning
Oct. 1, 2012
$2.50
8.25
$2.75
8.50
$2.75
8.75
$2.75
9.00
$3.00
9.25
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Daily user fee
Animal or bird
Apr. 29,
2009–Sept.
30, 2009
Oct. 1, 2010–
Sept. 30,
2011
Oct. 1, 2011–
Sept. 30,
2012
Beginning
Oct. 1, 2012
18.00
19.00
19.00
20.00
21.00
144.00
149.00
153.00
158.00
162.00
38.00
39.00
40.00
42.00
43.00
382.00
276.00
235.00
86.00
393.00
284.00
242.00
89.00
405.00
292.00
249.00
91.00
417.00
301.00
256.00
94.00
429.00
310.00
264.00
97.00
5.00
5.25
5.50
5.50
5.75
9.00
9.25
9.50
9.75
10.00
21.00
22.00
22.00
23.00
24.00
13.00
20.00
38.00
Over 1,000 grams ...................................................................
Domestic or zoo animals (except equines, birds, and poultry):
Bison, bulls, camels, cattle, or zoo animals ...........................
All others, including, but not limited to, alpacas, llamas,
goats, sheep, and swine .....................................................
Equines (including zoo equines, but excluding miniature horses):
1st through 3rd day (fee per day) ..................................................
4th through 7th day (fee per day) ..........................................
8th and subsequent days (fee per day) .................................
Miniature horses .....................................................................
Poultry (including zoo poultry):
Doves, pigeons, quail .............................................................
Chickens, ducks, grouse, guinea fowl, partridge, pea fowl,
pheasants ............................................................................
Large poultry and large waterfowl, including, but not limited
to, gamecocks, geese, swans, and turkeys ........................
Ratites:
Chicks (less than 3 months old) .............................................
Juveniles (3 months through 10 months old) .........................
Adults (11 months old or older) ..............................................
Oct. 1, 2009–
Sept. 30,
2010
13.00
20.00
39.00
14.00
21.00
40.00
14.00
22.00
42.00
15.00
22.00
43.00
(b) * * *
Daily user fee
Bird or poultry (nonstandard housing, care, or handling)
Apr. 29,
2009–Sept.
30, 2009
*
*
*
*
*
Oct. 1, 2010–
Sept. 30,
2011
Oct. 1, 2011–
Sept. 30,
2012
Beginning
Oct. 1, 2012
$8.25
$8.50
$8.75
$9.00
$9.25
18.00
19.00
19.00
20.00
21.00
35.00
Birds 0–250 grams and doves, pigeons and quail ........................
Birds 251–1,000 grams and poultry such as chickens, ducks,
grouse, guinea fowl, partridge, pea fowl, and pheasants ..........
Birds over 1,000 grams and large poultry and large waterfowl,
including, but not limited to gamecocks, geese, swans, and
turkeys ........................................................................................
Oct. 1, 2009–
Sept. 30,
2010
36.00
37.00
39.00
40.00
4. In § 130.3, paragraph (a)(1), the
table is revised to read as follows:
■
§ 130.3 User fees for exclusive use of
space at APHIS Animal Import Centers.
(a)(1) * * *
Monthly user fee
Apr. 29,
2009–
Sept. 30,
2009
Animal import center
Newburgh, NY:
Space A ..................................................................................
5,396 sq. ft. .............................................................................
(503.1 sq. m.) .........................................................................
Space B ..................................................................................
8,903 sq. ft. .............................................................................
(827.1 sq. m.) .........................................................................
Space C ..................................................................................
905 sq. ft. ................................................................................
(84.1 sq. m.) ...........................................................................
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*
*
*
*
*
Oct. 1, 2009–
Sept. 30,
2010
Oct. 1, 2010–
Sept. 30,
2011
Oct. 1, 2011–
Sept. 30,
2012
$83,756.00
$86,268.00
$88,856.00
$91, 513.00
$94,249.00
138,190.00
142,335.00
146,605.00
150,989.00
155,504.00
14,047.00
14,469.00
14,903.00
15,348.00
15,807.00
5. In § 130.4, the table is revised to
read as follows:
■
§ 130.4 User fees for processing import
permit applications.
*
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User fee
Service
Apr. 29,
2009–
Sept. 30,
2009
Unit
Import compliance assistance:
Simple (4 hours or less) ....................
Complicated (more than 4 hours) .....
Processing an application for a permit to
import live animals, animal products or
by products, organisms, vectors, or
germ plasm (embryos or semen) or to
transport organisms or vectors1
Initial permit .......................................
Amended permit ................................
Renewed permit 2 ..............................
Processing an application for a permit to
import fetal bovine serum when facility
inspection is required.
Oct. 1, 2009–
Sept. 30,
2010
Oct. 1, 2010–
Sept. 30,
2011
Oct. 1, 2011–
Sept. 30,
2012
Beginning
Oct. 1, 2012
Per shipment ...........
Per shipment ...........
$99.00
514.00
$102.00
514.00
$105.00
531.00
$108.00
548.00
$111.00
565.00
Per application ........
Per amended application.
Per application ........
Per application ........
133.00
66.00
137.00
68.00
141.00
70.00
145.00
73.00
150.00
75.00
86.00
455.00
89.00
469.00
91.00
483.00
94.00
497.00
97.00
512.00
1 Using Veterinary Services Form 16–3, ‘‘Application for Permit to Import or Transport Controlled Material or Organisms or Vectors,’’ or Form
17–129, ‘‘Application for Import or In Transit Permit (Animals, Animal Semen, Animal Embryos, Birds, Poultry, or Hatching Eggs).’’
2 Permits to import germ plasm and live animals are not renewable.
§ 130.6 User fees for inspection of live
animals at land border ports along the
United States-Mexico border.
6. In § 130.6, paragraph (a), the table
is revised to read as follows:
■
(a) * * *
Per head user fee
Type of live animal
April 29,
2009–Sept.
30, 2009
Any ruminants (including breeder ruminants) not covered below
Feeder ............................................................................................
Horses, other than slaughter .........................................................
In-bond or in-transit ........................................................................
Slaughter ........................................................................................
*
*
*
*
$13.00
3.75
62.00
8.25
5.50
Oct. 1, 2009–
Sept. 30,
2010
Oct. 1, 2010–
Sept. 30,
2011
Oct. 1, 2011–
Sept. 30,
2012
Beginning
Oct. 1, 2012
$13.00
3.75
64.00
8.50
5.50
$14.00
4.00
66.00
8.75
5.75
$14.00
4.00
68.00
9.00
6.00
$14.00
4.00
70.00
9.25
6.00
§ 130.7 User fees for import or entry
services for live animals at land border
ports along the United States-Canada
border.
*
7. In § 130.7, paragraph (a), the table
is revised to read as follows:
■
(a) * * *
User fee
sroberts on PROD1PC70 with RULES
Type of live animal
Unit
Animals being imported into the United
States: Breeding animals (Grade animals, except horses):
Sheep and goats ...............................
Swine .................................................
All others ..................................................
Feeder animals:
Cattle (not including calves) ..............
Sheep and calves .............................
Swine .................................................
Horses (including registered horses)
other than slaughter and in-transit.
Poultry (including eggs), imported for
any purpose.
Registered animals, all types (except
horses).
Slaughter animals, all types (except
poultry).
VerDate Nov<24>2008
21:21 Mar 27, 2009
Jkt 217001
Apr. 29,
2009–Sept.
30, 2009
Oct. 1, 2009–
Sept. 30,
2010
Oct. 1, 2010–
Sept. 30,
2011
Oct. 1, 2011–
Sept. 30,
2012
Beginning
Oct. 1, 2012
Per head .................
Per head .................
Per head .................
$0.75
1.25
4.75
$0.75
1.25
4.75
$0.75
1.25
5.00
$1.00
1.25
5.25
$1.00
1.25
5.25
Per
Per
Per
Per
.................
.................
.................
.................
2.25
0.75
0.50
41.00
2.25
0.75
0.50
42.00
2.50
1.00
0.50
43.00
2.50
1.00
0.50
45.00
2.50
1.00
0.50
46.00
Per load ..................
71.00
73.00
75.00
77.00
80.00
Per head .................
8.50
8.75
9.25
9.50
9.75
Per load ..................
35.00
36.00
37.00
39.00
40.00
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head
head
head
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14004
Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Rules and Regulations
User fee
Type of live animal
Unit
Animals transiting 1 the United States:
Cattle .................................................
Sheep and goats ...............................
Swine .................................................
Horses and all other animals ............
Per
Per
Per
Per
head
head
head
head
Apr. 29,
2009–Sept.
30, 2009
.................
.................
.................
.................
Oct. 1, 2009–
Sept. 30,
2010
Oct. 1, 2010–
Sept. 30,
2011
Oct. 1, 2011–
Sept. 30,
2012
Beginning
Oct. 1, 2012
2.25
0.50
0.50
10.00
2.50
0.50
0.50
10.00
2.50
0.50
0.50
10.00
2.50
0.50
0.50
11.00
2.25
0.50
0.50
9.75
1 The user fee in this section will be charged for in-transit authorizations at the port where the authorization services are performed. For additional services provided by APHIS, at any port, the hourly user fee in § 130.30 will apply.
*
*
*
*
*
8. In § 130.8, paragraph (a), the table
is revised to read as follows:
■
§ 130.8
User fees for other services.
(a) * * *
User fee
Service
Unit
Germ plasm being exported: 1
Embryo:
Up to 5 donor pairs ...........................
Each additional group of donor pairs,
up to 5 pairs per group on the
same certificate.
Semen ...............................................
Release from export agricultural hold:
Simple (2 hours or less) ....................
Complicated (more than 2 hours) .....
Apr. 29,
2009–Sept.
30, 2009
Oct. 1, 2009–
Sept. 30,
2010
Oct. 1, 2010–
Sept. 30,
2011
Oct. 1, 2011–
Sept. 30,
2012
Beginning
Oct. 1, 2012
Per certificate ..........
Per group of donor
pairs.
$117.00
52.00
$121.00
54.00
$124.00
55.00
$128.00
57.00
$132.00
59.00
Per certificate ..........
72.00
74.00
76.00
79.00
81.00
Per release .............
Per release .............
99.00
254.00
102.00
262.00
105.00
270.00
108.00
278.00
111.00
286.00
1 This user fee includes a single inspection and resealing of the container at the APHIS employee’s regular tour of duty station or at a limited
port. For each subsequent inspection and resealing required, the hourly user fee in § 130.3 will apply.
*
*
*
*
*
§ 130.10
a. In paragraph (a), by revising the
table to read as set forth below.
■ b. In paragraph (b), by revising the
table to read as set forth below.
■
9. Section 130.10 is amended as
follows:
■
User fees for pet birds.
(a) * * *
Per lot user fee
Service
Apr. 29,
2009–Sept.
30, 2009
Oct. 1, 2010–
Sept. 30,
2011
Oct. 1, 2011–
Sept. 30,
2012
Beginning
Oct. 1, 2012
$153.00
$157.00
$162.00
$167.00
$172.00
363.00
(1) Which have been out of the United States 60 days or less ....
(2) Which have been out of the United States more than 60
days ............................................................................................
Oct. 1, 2009–
Sept. 30,
2010
374.00
385.00
397.00
409.00
(b) * * *
Daily user fee
Number of birds in isolette
sroberts on PROD1PC70 with RULES
1
2
3
4
5
*
Apr. 29,
2009–Sept.
30, 2009
.....................................................................................................
.....................................................................................................
.....................................................................................................
.....................................................................................................
or more .......................................................................................
*
*
*
*
10. In § 130.11, paragraph (a), the
table is revised to read as follows:
■
VerDate Nov<24>2008
21:21 Mar 27, 2009
Jkt 217001
Oct. 1, 2009–
Sept. 30,
2010
Oct. 1, 2010–
Sept. 30,
2011
Oct. 1, 2011–
Sept. 30,
2012
Beginning
Oct. 1, 2012
$13.00
16.00
19.00
22.00
26.00
$14.00
17.00
19.00
22.00
27.00
$14.00
17.00
20.00
23.00
28.00
$15.00
18.00
21.00
24.00
29.00
$13.00
16.00
18.00
21.00
25.00
§ 130.11 User fees for inspecting and
approving import/export facilities and
establishments.
(a) * * *
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Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Rules and Regulations
14005
User fee
Service
Unit
Embryo collection center inspection and
approval (all inspections required during the year for facility approval).
Inspection for approval of biosecurity
level three labs (all inspections related
to approving the laboratory for handling
one defined set of organisms or vectors)1.
Inspection for approval of slaughter establishment:
Initial approval (all inspections) .........
Renewal (all inspections) ..................
Inspection of approved establishments,
warehouses, and facilities under 9 CFR
parts 94 through 96:
Approval (compliance agreement)
(all inspections for first year of 3year approval).
Renewal (all inspections for second
and third years of 3-year approval).
Per year ..................
1 The
*
Apr. 29,
2009–Sept.
30, 2009
Oct. 1, 2009–
Sept. 30,
2010
Oct. 1, 2010–
Sept. 30,
2011
Oct. 1, 2011–
Sept. 30,
2012
Beginning
Oct. 1, 2012
$537.00
$553.00
$570.00
$587.00
$604.00
Per inspection .........
1,381.00
1,422.00
1,465.00
1,509.00
1,554.00
Per year ..................
Per year ..................
527.00
457.00
543.00
470.00
559.00
484.00
576.00
499.00
593.00
514.00
Per year ..................
563.00
579.00
597.00
615.00
633.00
Per year ..................
325.00
335.00
345.00
355.00
366.00
hourly user fee rate in § 130.30(2) applies to biosecurity level two laboratories.
*
*
*
*
a. In paragraph (a), by revising the
table to read as set forth below.
■ b. In paragraph (b)(1), by revising the
table to read as set forth below.
■
11. Section 130.20 is amended as
follows:
■
§ 130.20 User fees for endorsing export
certificates.
(a) * * *
User fee
Certificate categories
Apr. 29,
2009–Sept.
30, 2009
Oct. 1, 2010–
Sept. 30,
2011
Oct. 1, 2011–
Sept. 30,
2012
Beginning
Oct. 1, 2012
$45.00
42.00
42.00
$47.00
44.00
44.00
$48.00
45.00
45.00
$49.00
46.00
46.00
$51.00
48.00
48.00
47.00
48.00
49.00
51.00
52.00
49.00
34.00
Animal and nonanimal products ....................................................
Hatching eggs ................................................................................
Poultry, including slaughter poultry ................................................
Ruminants, except slaughter ruminants moving to Canada or
Mexico ........................................................................................
Slaughter animals (except poultry but including ruminants) moving to Canada or Mexico ............................................................
Other endorsements or certifications .............................................
Oct. 1, 2009–
Sept. 30,
2010
51.00
35.00
52.00
36.00
54.00
37.00
56.00
38.00
(b)(1) * * *
User fee
sroberts on PROD1PC70 with RULES
Number 1 of tests or vaccinations and number of animals or
birds on the certificate
Apr. 29,
2009–Sept.
30, 2009
1–2 tests or vaccinations
Nonslaughter horses to Canada:
First horse ...............................................................................
Each additional horse .............................................................
Other animals or birds:
First animal .............................................................................
Each additional animal ...........................................................
3–6 tests or vaccinations
First animal .............................................................................
Each additional animal ...........................................................
7 or more tests or vaccinations
First animal .............................................................................
Each additional animal ...........................................................
1 Rabies
Oct. 1, 2009–
Sept. 30,
2010
Oct. 1, 2010–
Sept. 30,
2011
Oct. 1, 2011–
Sept. 30,
2012
Beginning
Oct. 1, 2012
$54.00
6.25
$55.00
6.25
$57.00
6.50
$59.00
6.75
$60.00
7.00
107.00
6.25
111.00
6.25
114.00
6.50
117.00
6.75
121.00
7.00
133.00
10.00
137.00
11.00
141.00
11.00
145.00
11.00
150.00
12.00
154.00
12.00
159.00
12.00
163.00
13.00
168.00
13.00
173.00
14.00
vaccinations are not included in this number.
VerDate Nov<24>2008
21:21 Mar 27, 2009
Jkt 217001
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*
*
Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Rules and Regulations
*
*
*
§ 130.30
fees.
a. In paragraph (a), by revising the
table to read as set forth below.
■ b. In paragraph (b), by revising the
table to read as set forth below.
■
12. Section 130.30 is amended as
follows:
■
Hourly rate and minimum user
(a) * * *
User fee
Apr. 29,
2009–Sept.
30, 2009
Hourly rate:
Per hour ..................................................................................
Per quarter hour .....................................................................
Per service minimum fee ........................................................
*
*
*
*
*
$120.00
30.00
35.00
Oct. 1, 2009–
Sept. 30,
2010
Oct. 1, 2010–
Sept. 30,
2011
Oct. 1, 2011–
Sept. 30,
2012
Beginning
Oct. 1, 2012
$120.00
30.00
36.00
$124.00
31.00
37.00
$128.00
32.00
39.00
$132.00
33.00
40.00
(b) * * *
Premium rate user fee
Overtime rates (outside the employee’s normal tour of duty)
Apr. 29,
2009–Sept.
30, 2009
Premium hourly rate Monday through Saturday and holidays:
Per hour ..................................................................................
Per quarter hour .....................................................................
Premium hourly rate for Sundays:
Per hour ..................................................................................
Per quarter hour .....................................................................
*
*
*
*
*
Done in Washington, DC, this 24th day of
March 2009.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E9–7022 Filed 3–27–09; 8:45 am]
Oct. 1, 2009–
Sept. 30,
2010
Oct. 1, 2010–
Sept. 30,
2011
Oct. 1, 2011–
Sept. 30,
2012
Beginning
Oct. 1, 2012
$140.00
35.00
$144.00
36.00
$148.00
37.00
$152.00
38.00
$156.00
39.00
160.00
40.00
164.00
41.00
168.00
42.00
172.00
43.00
$176.00
44.00
Register approves this incorporation by
reference action under 1 CFR part 51,
subject to the annual revision of FAA
Order 7400.9 and publication of
conforming amendments.
DEPARTMENT OF TRANSPORTATION
FOR FURTHER INFORMATION CONTACT:
Eldon Taylor, Federal Aviation
Administration, Operations Support
Group, Western Service Center, 1601
Lind Avenue, SW., Renton, WA, 98057;
telephone (425) 203–4537.
Federal Aviation Administration
SUPPLEMENTARY INFORMATION:
BILLING CODE 3410–34–P
History
14 CFR Part 71
[Docket No. FAA–2008–0137; Airspace
Docket No. 08–AWP–2]
Establishment of Class E Airspace;
Death Valley, CA
sroberts on PROD1PC70 with RULES
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
SUMMARY: This action will establish
Class E airspace at Death Valley, CA.
Controlled airspace is necessary to
facilitate vectoring of Instrument Flight
Rules (IFR) traffic from en route airspace
to Las Vegas, NV. The FAA is taking this
action to enhance the safety and
management of IFR aircraft operations
near Las Vegas, NV. This action also
makes a minor change to the geographic
coordinates of the airspace.
DATES: Effective Date: 0901 UTC, July 2,
2009. The Director of the Federal
VerDate Nov<24>2008
21:21 Mar 27, 2009
Jkt 217001
On September 10, 2008, the FAA
published in the Federal Register a
notice of proposed rulemaking to
establish controlled airspace at Death
Valley, CA, (73 FR 52638). Interested
parties were invited to participate in
this rulemaking effort by submitting
written comments on the proposal to the
FAA. No comments were received. A
minor change to the geographic
coordinates of the airspace area was
provided by the FAA’s Charting Office
to better depict the airspace.
Class E airspace designations are
published in paragraph 6006 of FAA
Order 7400.9S signed October 3, 2008,
and effective October 31, 2008, which is
incorporated by reference in 14 CFR
part 71.1. The Class E airspace
designations listed in this document
will be published subsequently in that
Order.
PO 00000
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The Rule
This action amends Title 14 Code of
Federal Regulations (14 CFR) part 71 by
establishing Class E airspace at Death
Valley, CA. Controlled airspace is
necessary to accommodate IFR aircraft
vectoring from en route airspace to Las
Vegas, NV. With the exception of
editorial changes, and the changes
described above, this rule is the same as
that proposed in the NPRM.
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. Therefore, this regulation: (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 U.S. Code. Subtitle 1,
Section 106 discusses the authority of
the FAA Administrator. Subtitle VII,
E:\FR\FM\30MRR1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 59 (Monday, March 30, 2009)]
[Rules and Regulations]
[Pages 13999-14006]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7022]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Rules
and Regulations
[[Page 13999]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 130
[Docket No. APHIS-2006-0144]
RIN 0579-AC59
Import/Export User Fees
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending the regulations concerning user fees for
import- and export-related services that we provide for animals, animal
products, birds, germ plasm, organisms, and vectors. We are increasing
those fees for fiscal years 2009 through 2013 in order to ensure that
the fees accurately reflect the anticipated costs of providing these
services each year. By publishing the annual user fee changes in
advance, users can incorporate the fees into their budget planning.
DATES: Effective Date: April 29, 2009.
FOR FURTHER INFORMATION CONTACT: For information concerning program
operations, contact Ms. Inez Hockaday, Director, Management Support
Staff, VS, APHIS, 4700 River Road, Unit 44, Riverdale, MD 20737-1231;
(301) 734-7517.
For information concerning user fee rate development, contact Mrs.
Kris Caraher, User Fees Section Head, Financial Management Division,
MRPBS, APHIS, 4700 River Road Unit 55, Riverdale, MD 20737-1232, (301)
734-0882.
SUPPLEMENTARY INFORMATION:
Background
The regulations at 9 CFR part 130 (referred to below as the
regulations) list user fees for import- and export-related services
provided by the Animal and Plant Health Inspection Service (APHIS) for
animals, animal products, birds, germ plasm, organisms, and vectors. We
are amending the user fees for these import- and export-related
services to reflect the increased cost of providing these services.
These user fees are authorized by section 2509(c)(1) of the Food,
Agriculture, Conservation, and Trade Act of 1990, as amended (21 U.S.C.
136a). APHIS is authorized to establish and collect fees that will
cover the cost of providing import- and export-related services for
animals, animal products, birds, germ plasm, organisms, and vectors.
Since fiscal year (FY) 1992, APHIS has received no directly
appropriated funds to provide import- and export-related services for
animals, animal products, birds, germ plasm, organisms, and vectors.
Our ability to provide these services depends on user fees. We change
our user fees through the standard rulemaking process of publishing the
proposed changes for public comment in the Federal Register,
considering the comments, publishing the final changes in the Federal
Register, and making the new user fees effective 30 days after the
final rule is published.
For our user fees to cover our costs so that we can continue to
provide services and to inform our customers of user fees in time for
advance planning, we proposed to set user fees for our services in
advance for fiscal years 2009 to 2013. The proposed rule was published
in the Federal Register on June 4, 2008 (73 FR 31771-31780, Docket No.
APHIS-2006-0144).\1\ The proposed user fees were based on our costs of
providing import- and export-related services in fiscal years 2005-
2007, plus anticipated annual increases in the salaries of the
employees who provide the services, plus adjustments for inflation.
---------------------------------------------------------------------------
\1\ To view the proposed rule and the comments we received, go
to https://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2006-0144.
---------------------------------------------------------------------------
We solicited comments concerning our proposal for 60 days ending
August 4, 2008. We received seven comments by that date. The comments
were from private citizens, a council of ornithological organizations,
and livestock importers and exporters. The commenters raised several
issues associated with the proposed rule. These issues are discussed
below.
One commenter stated generally that the proposed fee increases were
too low.
We calculate our user fees to cover the full cost of providing the
services for which we charge the fee. We are confident that the user
fees we proposed will be sufficient to recover the cost of providing
these services. Furthermore, we intend to review these fees on at least
an annual basis and will publish any necessary adjustments in the
Federal Register.
Several commenters expressed concern that increasing the fees would
hurt livestock import/export businesses economically.
APHIS needs to increase the fees in order to recover the costs of
providing import/export related services. In the economic analysis for
the proposed rule, we examined the potential economic effects of these
user fee revisions on businesses and determined, based on the
information available, that the effects of the changes should be small
for both small and large entities. We have reviewed those conclusions
and are confident that they are still accurate.
One commenter stated that the reserve account was designed to issue
credit to commercial importers who deal in large volumes of animals or
animal products. The commenter stated that all permits should be paid
for at the time of application.
As we explained in the proposed rule, the reserve account consists
of budgetary resources set aside to provide for future needs and
unforeseen circumstances. The types of costs that are considered when
developing the reserve include commitments, employee benefits,
contingencies, business cycle ups and downs, capital equipment
replacement, and provision for future legislative or executive actions.
The reserve is not designed to provide credit to importers.
We specifically requested comments about whether import compliance
assistance fees would be better charged as hourly fees rather than as
flat rate fees. One commenter stated that while charging hourly fees
would improve flexibility and make it easier to recover costs, it would
also add a burden to agency staff to monitor their time so that the
hourly rate could be charged accurately. The commenter stated that
correctly calculating time for a task in
[[Page 14000]]
a busy office when one might be simultaneously conducting other tasks
can be very challenging, and expressed concern that this could lead to
undercharging fees. Based on these concerns, the commenter recommended
not charging these fees at an hourly rate.
Another commenter asked that we add a definition for import
compliance assistance to the regulations to clarify what services were
covered by the fees.
We agree with this commenter and have added a definition for import
compliance assistance to the regulations in Sec. 130.1 in this final
rule. We have defined import compliance assistance as ``Import
compliance assistance includes services provided to an importer whose
shipment arrives at a port of entry without the necessary paperwork or
with incomplete paperwork and who requires assistance to meet the
requirements for entry into the United States. Fees for import
compliance assistance are charged in addition to the flat rate user
fees.''
One commenter requested that we combine the import and transport
permits for untreated scientific material, and requested that we
increase the duration of permits for the import and transport of
untreated scientific materials from 1 to 3 years. The commenter stated
that these actions would reduce agency workload and therefore reduce
costs.
Import permits are issued to foreign shippers when scientific
materials are brought into the United States. Transport permits are
issued to domestic shippers moving these materials within the United
States. The processing required for these permits is similar, which is
why they are covered under the same user fee, but the requirements and
restrictions for each are different. Specifically, more mitigations are
required for import permits because of the greater risks involved in
bringing untreated scientific materials into the United States.
Combining the two permit types would result in unnecessary restrictions
being placed on the domestic movement of these materials. We did not
propose to change the structure or duration of any permits in the
proposed rule and are making no changes in response to this comment.
One commenter stated that fees charged by the National Veterinary
Services Laboratories (NVSL) for testing livestock for disease before
export should be either eliminated entirely or reduced to the same
amount as fees charged at State laboratories.
We did not propose to revise the NVSL user fees in the proposed
rule. The current fees for NVSL services were established in a final
rule published in the Federal Register on December 19, 2007 (72 FR
71744-71750, Docket No. APHIS-2006-0161). As with other user fees
charged by APHIS, NVSL fees are calculated to recover the actual costs
of providing testing services. We are making no changes to the rule in
response to this comment.
We are also making a minor change to the table in Sec. 130.11 by
adding a footnote to the entry for inspection of biosecurity level
three facilities to indicate where the fees for inspection of
biosecurity level two facilities are listed. We are adding this
footnote for the sake of clarity.
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, with the
changes discussed in this document.
Executive Order 12866 and Regulatory Flexibility Act
This final 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.
In accordance with 5 U.S.C. 604, we have performed a final
regulatory flexibility analysis, which is summarized below, regarding
the economic effects of this rule on small entities. Copies of the full
analysis are available on the Regulations.gov Web site (see footnote 1
in this document for a link to Regulations.gov) or by contacting the
person listed under FOR FURTHER INFORMATION CONTACT.
The Secretary of Agriculture is authorized by the Food,
Agriculture, Conservation and Trade Act of 1990, as amended, to
prescribe and collect fees to recover the costs of providing import and
export related services. APHIS is amending the user fees for providing
veterinary services for import and export activities (9 CFR part 130).
These fees are being updated to take into account the routine increases
in the cost of doing business, such as inflation, replacing equipment,
maintaining databases, etc., that have occurred since the last update
and those that are expected to occur over the next 5 years. In
addition, the fees are being adjusted to incorporate expenditures to
maintain the current level of operations, improve service, and keep up
with expanding demand for services. These expenditures include things
from roof replacement to the modernization of facilities.
User fees recover the cost of operating a public system by charging
those members of the public who use the system, rather than the public
as a whole, for its operation. User fees result in movement toward a
more socially optimal level of demand where users fully incorporate the
cost of APHIS services into their private costs. In addition, by
setting the fees for these veterinary services to fully recover the
associated costs, we can assure that the program operates at a level
considered sufficient to meet demand for these services. If APHIS
continued to collect user fees at the current rates over the next 5
years, total collections would be approximately $113 million, nearly
$54 million less than the projected cost of administering the program
from FY 2009 through FY 2013. This demonstrates the magnitude of the
shortfall in cost recovery that would occur absent the changes.
Effects on Small Entities
The user fee revisions included in this final rule could affect
some importers and exporters of live animals, animal products, and
animal byproducts. The Small Business Administration (SBA) has
established guidelines for determining which businesses are to be
considered small. Importers and exporters of live animals, animal
products, and animal byproducts are identified within the broader
wholesaling trade sector of the U.S. economy. A firm primarily engaged
in wholesaling animals or animal products is considered small if it
employs not more than 100 persons. These entities either sell goods on
their own account (import/export merchants) or arrange for the sale of
goods owned by others (import/export agents and brokers). The North
American Industry Classification System (NAICS) code 424430 covers
dairy products (except dried or canned) merchant wholesalers. According
to the 2002 Economic Census (the most recent census available), more
than 98 percent of these wholesalers would be considered small by SBA
standards.\2\ NAICS code 424440 covers poultry and poultry product
merchant wholesalers. About 97 percent of these firms would be
considered small according to the 2002 Economic Census. NAICS code
424470 covers meat and meat product merchant wholesalers. About 97
percent of these forms would be considered small according to the 2002
Economic Census. NAICS code 424520 covers livestock merchant
wholesalers. More than 99 percent of the firms in this category would
be considered small according to the 2002 Economic Census.
[[Page 14001]]
Thus, the vast majority of entities potentially affected by the rule
are likely to be considered small. However, the total impact of the
changes should be small, as the fee changes represent a tiny fraction
of the value of the shipments of animals and animal products. Imports
and exports of livestock, meats, dairy products, poultry, and poultry
products were valued at more than $23.8 billion in 2005. By contrast,
the increase in annual collections from user fees included in this
final rule would be about $5.3 million in FY 2009, and rising to about
$14 million in 2013. We do not know the proportion of import and export
services that are provided to small entities. However, the degree to
which any firm, large or small, will be impacted by these changes is
dependent on their level of participation in import or export trade.
Based on the information that is available, the effects of the changes
contained in this final rule should be small whether the entity
affected is small or large.
---------------------------------------------------------------------------
\2\ 2002 Economic Census, Department of Commerce, United States
Bureau of the Census.
---------------------------------------------------------------------------
In the proposed rule, we invited public comment on the expected
economic effects of the proposed action on small entities, particularly
costs estimates of compliance costs and impacts on revenue. Several
commenters expressed concern that increasing the fees would hurt
livestock import/export businesses economically but did not present any
information which would support this contention.
Alternatives
One alternative to this rule was to leave the regulations
unchanged. In this case, the fees would remain unchanged. The current
fees do not take into account the routine increases in the cost of
doing business, such as inflation, replacing equipment, maintaining
databases, etc., that have occurred since the last update. In addition,
the fees are being adjusted to incorporate expenditures to maintain the
current level of operations, improve service, and keep up with
increasing demand for services. If APHIS were to continue to collect
user fees at the current rates in fiscal years 2009-2013, total
collections would be nearly $54 million short of projected program
costs over that period. Therefore, this alternative was rejected.
Another alternative to this rule was to charge hourly rate fees for
all veterinary services. However, flat rate user fees are appropriate
when the cost of providing a service is unchanging from user to user
and the service is requested in relatively large numbers. It would be
unnecessarily complex and costly to track hourly charges for services
where a flat rate could be consistently used. Therefore, this
alternative was rejected.
Another alternative to this rule was to change all hourly fees to
flat rate fees. However, charging a flat rate is not appropriate in all
situations. We charge flat rate fees in cases where a service takes a
consistent amount of time to perform, but for some services there can
be a disparity in the time it takes to perform a given service for one
user versus another. For example, hourly rates are charged for the
inspection of biosecurity level 2 (BSL-2) laboratories, including
travel. The inspection covers a specific checklist and is therefore
similar from facility to facility. However, the amount of travel time
required of the inspector varies widely, depending on the location of
the facility. It would be unfair to charge both users the same flat fee
for those inspections. Therefore, this alternative was rejected.
This proposed rule contains no new information collection or
recordkeeping requirements. (See ``Paperwork Reduction Act'' below).
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 inconsistent 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 information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 9 CFR Part 130
Animals, Birds, Diagnostic reagents, Exports, Imports, Poultry and
poultry products, Quarantine, Reporting and recordkeeping requirements,
Tests.
0
Accordingly, we are amending 9 CFR part 130 as follows:
PART 130--USER FEES
0
1. The authority citation for part 130 continues to read as follows:
Authority: 5 U.S.C. 5542; 7 U.S.C. 1622 and 8301-8317; 21
U.S.C. 136 and 136a; 31 U.S.C. 3701, 3716, 3717, 3719, and 3720A; 7
CFR 2.22, 2.80, and 371.4.
0
2. Section 130.1 is amended by adding, in alphabetical order, a
definition for import compliance assistance to read as follows:
Sec. 130.1 Definitions.
* * * * *
Import compliance assistance. Import compliance assistance includes
services provided to an importer whose shipment arrives at a port of
entry without the necessary paperwork or with incomplete paperwork and
who requires assistance to meet the requirements for entry into the
United States. Fees for import compliance assistance are charged in
addition to the flat rate user fees.
* * * * *
0
3. Section 130.2 is amended as follows:
0
a. By revising the section heading to read as set forth below.
0
b. In paragraph (a), by revising the table to read as set forth below.
0
c. In paragraph (b), by revising the table to read as set forth below.
0
d. By removing paragraph (d).
Sec. 130.2 User fees for individual animals and certain birds
quarantined in the APHIS-owned or -operated quarantine facilities,
including APHIS Animal Import Centers.
(a) * * *
----------------------------------------------------------------------------------------------------------------
Daily user fee
---------------------------------------------------------------------
Animal or bird Apr. 29, Oct. 1, 2009- Oct. 1, 2010- Oct. 1, 2011-
2009-Sept. Sept. 30, Sept. 30, Sept. 30, Beginning
30, 2009 2010 2011 2012 Oct. 1, 2012
----------------------------------------------------------------------------------------------------------------
Birds (excluding ratites and pet birds
imported in accordance with part 93 of
this subchapter):
0-250 grams........................... $2.50 $2.75 $2.75 $2.75 $3.00
251-1,000 grams....................... 8.25 8.50 8.75 9.00 9.25
[[Page 14002]]
Over 1,000 grams...................... 18.00 19.00 19.00 20.00 21.00
Domestic or zoo animals (except equines,
birds, and poultry):
Bison, bulls, camels, cattle, or zoo 144.00 149.00 153.00 158.00 162.00
animals..............................
All others, including, but not limited 38.00 39.00 40.00 42.00 43.00
to, alpacas, llamas, goats, sheep,
and swine............................
Equines (including zoo equines, but
excluding miniature horses):
1st through 3rd day (fee per day)......... 382.00 393.00 405.00 417.00 429.00
4th through 7th day (fee per day)..... 276.00 284.00 292.00 301.00 310.00
8th and subsequent days (fee per day). 235.00 242.00 249.00 256.00 264.00
Miniature horses...................... 86.00 89.00 91.00 94.00 97.00
Poultry (including zoo poultry):
Doves, pigeons, quail................. 5.00 5.25 5.50 5.50 5.75
Chickens, ducks, grouse, guinea fowl, 9.00 9.25 9.50 9.75 10.00
partridge, pea fowl, pheasants.......
Large poultry and large waterfowl, 21.00 22.00 22.00 23.00 24.00
including, but not limited to,
gamecocks, geese, swans, and turkeys.
Ratites:
Chicks (less than 3 months old)....... 13.00 13.00 14.00 14.00 15.00
Juveniles (3 months through 10 months 20.00 20.00 21.00 22.00 22.00
old).................................
Adults (11 months old or older)....... 38.00 39.00 40.00 42.00 43.00
----------------------------------------------------------------------------------------------------------------
(b) * * *
----------------------------------------------------------------------------------------------------------------
Daily user fee
---------------------------------------------------------------------
Bird or poultry (nonstandard housing, Apr. 29, Oct. 1, 2009- Oct. 1, 2010- Oct. 1, 2011-
care, or handling) 2009-Sept. Sept. 30, Sept. 30, Sept. 30, Beginning
30, 2009 2010 2011 2012 Oct. 1, 2012
----------------------------------------------------------------------------------------------------------------
Birds 0-250 grams and doves, pigeons and $8.25 $8.50 $8.75 $9.00 $9.25
quail....................................
Birds 251-1,000 grams and poultry such as 18.00 19.00 19.00 20.00 21.00
chickens, ducks, grouse, guinea fowl,
partridge, pea fowl, and pheasants.......
Birds over 1,000 grams and large poultry 35.00 36.00 37.00 39.00 40.00
and large waterfowl, including, but not
limited to gamecocks, geese, swans, and
turkeys..................................
----------------------------------------------------------------------------------------------------------------
* * * * *
0
4. In Sec. 130.3, paragraph (a)(1), the table is revised to read as
follows:
Sec. 130.3 User fees for exclusive use of space at APHIS Animal
Import Centers.
(a)(1) * * *
----------------------------------------------------------------------------------------------------------------
Monthly user fee
---------------------------------------------------------------------
Animal import center Apr. 29, Oct. 1, 2009- Oct. 1, 2010- Oct. 1, 2011- Beginning
2009- Sept. Sept. 30, Sept. 30, Sept. 30, October 1,
30, 2009 2010 2011 2012 2013
----------------------------------------------------------------------------------------------------------------
Newburgh, NY:
Space A............................... $83,756.00 $86,268.00 $88,856.00 $91, 513.00 $94,249.00
5,396 sq. ft..........................
(503.1 sq. m.)........................
Space B............................... 138,190.00 142,335.00 146,605.00 150,989.00 155,504.00
8,903 sq. ft..........................
(827.1 sq. m.)........................
Space C............................... 14,047.00 14,469.00 14,903.00 15,348.00 15,807.00
905 sq. ft............................
(84.1 sq. m.).........................
----------------------------------------------------------------------------------------------------------------
* * * * *
0
5. In Sec. 130.4, the table is revised to read as follows:
Sec. 130.4 User fees for processing import permit applications.
* * * * *
[[Page 14003]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
User fee
---------------------------------------------------------------------
Service Unit Apr. 29, Oct. 1, 2009- Oct. 1, 2010- Oct. 1, 2011-
2009- Sept. Sept. 30, Sept. 30, Sept. 30, Beginning
30, 2009 2010 2011 2012 Oct. 1, 2012
--------------------------------------------------------------------------------------------------------------------------------------------------------
Import compliance assistance:
Simple (4 hours or less)................... Per shipment..................... $99.00 $102.00 $105.00 $108.00 $111.00
Complicated (more than 4 hours)............ Per shipment..................... 514.00 514.00 531.00 548.00 565.00
Processing an application for a permit to
import live animals, animal products or by
products, organisms, vectors, or germ plasm
(embryos or semen) or to transport organisms
or vectors\1\
Initial permit............................. Per application.................. 133.00 137.00 141.00 145.00 150.00
Amended permit............................. Per amended application.......... 66.00 68.00 70.00 73.00 75.00
Renewed permit \2\......................... Per application.................. 86.00 89.00 91.00 94.00 97.00
Processing an application for a permit to Per application.................. 455.00 469.00 483.00 497.00 512.00
import fetal bovine serum when facility
inspection is required.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Using Veterinary Services Form 16-3, ``Application for Permit to Import or Transport Controlled Material or Organisms or Vectors,'' or Form 17-129,
``Application for Import or In Transit Permit (Animals, Animal Semen, Animal Embryos, Birds, Poultry, or Hatching Eggs).''
\2\ Permits to import germ plasm and live animals are not renewable.
0
6. In Sec. 130.6, paragraph (a), the table is revised to read as
follows:
Sec. 130.6 User fees for inspection of live animals at land border
ports along the United States-Mexico border.
(a) * * *
----------------------------------------------------------------------------------------------------------------
Per head user fee
---------------------------------------------------------------------
Type of live animal April 29, Oct. 1, 2009- Oct. 1, 2010- Oct. 1, 2011-
2009-Sept. Sept. 30, Sept. 30, Sept. 30, Beginning
30, 2009 2010 2011 2012 Oct. 1, 2012
----------------------------------------------------------------------------------------------------------------
Any ruminants (including breeder $13.00 $13.00 $14.00 $14.00 $14.00
ruminants) not covered below.............
Feeder.................................... 3.75 3.75 4.00 4.00 4.00
Horses, other than slaughter.............. 62.00 64.00 66.00 68.00 70.00
In-bond or in-transit..................... 8.25 8.50 8.75 9.00 9.25
Slaughter................................. 5.50 5.50 5.75 6.00 6.00
----------------------------------------------------------------------------------------------------------------
* * * * *
0
7. In Sec. 130.7, paragraph (a), the table is revised to read as
follows:
Sec. 130.7 User fees for import or entry services for live animals
at land border ports along the United States-Canada border.
(a) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
User fee
---------------------------------------------------------------------
Type of live animal Unit Apr. 29, Oct. 1, 2009- Oct. 1, 2010- Oct. 1, 2011-
2009-Sept. Sept. 30, Sept. 30, Sept. 30, Beginning
30, 2009 2010 2011 2012 Oct. 1, 2012
--------------------------------------------------------------------------------------------------------------------------------------------------------
Animals being imported into the United States:
Breeding animals (Grade animals, except
horses):
Sheep and goats............................ Per head......................... $0.75 $0.75 $0.75 $1.00 $1.00
Swine...................................... Per head......................... 1.25 1.25 1.25 1.25 1.25
All others..................................... Per head......................... 4.75 4.75 5.00 5.25 5.25
Feeder animals:
Cattle (not including calves).............. Per head......................... 2.25 2.25 2.50 2.50 2.50
Sheep and calves........................... Per head......................... 0.75 0.75 1.00 1.00 1.00
Swine...................................... Per head......................... 0.50 0.50 0.50 0.50 0.50
Horses (including registered horses) other Per head......................... 41.00 42.00 43.00 45.00 46.00
than slaughter and in-transit.
Poultry (including eggs), imported for any Per load......................... 71.00 73.00 75.00 77.00 80.00
purpose.
Registered animals, all types (except Per head......................... 8.50 8.75 9.25 9.50 9.75
horses).
Slaughter animals, all types (except Per load......................... 35.00 36.00 37.00 39.00 40.00
poultry).
[[Page 14004]]
Animals transiting \1\ the United States:
Cattle..................................... Per head......................... 2.25 2.25 2.50 2.50 2.50
Sheep and goats............................ Per head......................... 0.50 0.50 0.50 0.50 0.50
Swine...................................... Per head......................... 0.50 0.50 0.50 0.50 0.50
Horses and all other animals............... Per head......................... 9.75 10.00 10.00 10.00 11.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
\ 1\ The user fee in this section will be charged for in-transit authorizations at the port where the authorization services are performed. For
additional services provided by APHIS, at any port, the hourly user fee in Sec. 130.30 will apply.
* * * * *
0
8. In Sec. 130.8, paragraph (a), the table is revised to read as
follows:
Sec. 130.8 User fees for other services.
(a) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
User fee
---------------------------------------------------------------------
Service Unit Apr. 29, Oct. 1, 2009- Oct. 1, 2010- Oct. 1, 2011-
2009-Sept. Sept. 30, Sept. 30, Sept. 30, Beginning
30, 2009 2010 2011 2012 Oct. 1, 2012
--------------------------------------------------------------------------------------------------------------------------------------------------------
Germ plasm being exported: \1\
Embryo:
Up to 5 donor pairs........................ Per certificate.................. $117.00 $121.00 $124.00 $128.00 $132.00
Each additional group of donor pairs, up to Per group of donor pairs......... 52.00 54.00 55.00 57.00 59.00
5 pairs per group on the same certificate.
Semen...................................... Per certificate.................. 72.00 74.00 76.00 79.00 81.00
Release from export agricultural hold:
Simple (2 hours or less)................... Per release...................... 99.00 102.00 105.00 108.00 111.00
Complicated (more than 2 hours)............ Per release...................... 254.00 262.00 270.00 278.00 286.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This user fee includes a single inspection and resealing of the container at the APHIS employee's regular tour of duty station or at a limited port.
For each subsequent inspection and resealing required, the hourly user fee in Sec. 130.3 will apply.
* * * * *
0
9. Section 130.10 is amended as follows:
0
a. In paragraph (a), by revising the table to read as set forth below.
0
b. In paragraph (b), by revising the table to read as set forth below.
Sec. 130.10 User fees for pet birds.
(a) * * *
----------------------------------------------------------------------------------------------------------------
Per lot user fee
---------------------------------------------------------------------
Service Apr. 29, Oct. 1, 2009- Oct. 1, 2010- Oct. 1, 2011-
2009-Sept. Sept. 30, Sept. 30, Sept. 30, Beginning
30, 2009 2010 2011 2012 Oct. 1, 2012
----------------------------------------------------------------------------------------------------------------
(1) Which have been out of the United $153.00 $157.00 $162.00 $167.00 $172.00
States 60 days or less...................
(2) Which have been out of the United 363.00 374.00 385.00 397.00 409.00
States more than 60 days.................
----------------------------------------------------------------------------------------------------------------
(b) * * *
----------------------------------------------------------------------------------------------------------------
Daily user fee
---------------------------------------------------------------------
Number of birds in isolette Apr. 29, Oct. 1, 2009- Oct. 1, 2010- Oct. 1, 2011-
2009-Sept. Sept. 30, Sept. 30, Sept. 30, Beginning
30, 2009 2010 2011 2012 Oct. 1, 2012
----------------------------------------------------------------------------------------------------------------
1......................................... $13.00 $13.00 $14.00 $14.00 $15.00
2......................................... 16.00 16.00 17.00 17.00 18.00
3......................................... 18.00 19.00 19.00 20.00 21.00
4......................................... 21.00 22.00 22.00 23.00 24.00
5 or more................................. 25.00 26.00 27.00 28.00 29.00
----------------------------------------------------------------------------------------------------------------
* * * * *
0
10. In Sec. 130.11, paragraph (a), the table is revised to read as
follows:
Sec. 130.11 User fees for inspecting and approving import/export
facilities and establishments.
(a) * * *
[[Page 14005]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
User fee
---------------------------------------------------------------------
Service Unit Apr. 29, Oct. 1, 2009- Oct. 1, 2010- Oct. 1, 2011-
2009-Sept. Sept. 30, Sept. 30, Sept. 30, Beginning
30, 2009 2010 2011 2012 Oct. 1, 2012
--------------------------------------------------------------------------------------------------------------------------------------------------------
Embryo collection center inspection and Per year......................... $537.00 $553.00 $570.00 $587.00 $604.00
approval (all inspections required during the
year for facility approval).
Inspection for approval of biosecurity level Per inspection................... 1,381.00 1,422.00 1,465.00 1,509.00 1,554.00
three labs (all inspections related to
approving the laboratory for handling one
defined set of organisms or vectors)\1\.
Inspection for approval of slaughter
establishment:
Initial approval (all inspections)......... Per year......................... 527.00 543.00 559.00 576.00 593.00
Renewal (all inspections).................. Per year......................... 457.00 470.00 484.00 499.00 514.00
Inspection of approved establishments,
warehouses, and facilities under 9 CFR parts
94 through 96:
Approval (compliance agreement) (all Per year......................... 563.00 579.00 597.00 615.00 633.00
inspections for first year of 3-year
approval).
Renewal (all inspections for second and Per year......................... 325.00 335.00 345.00 355.00 366.00
third years of 3-year approval).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The hourly user fee rate in Sec. 130.30(2) applies to biosecurity level two laboratories.
* * * * *
0
11. Section 130.20 is amended as follows:
0
a. In paragraph (a), by revising the table to read as set forth below.
0
b. In paragraph (b)(1), by revising the table to read as set forth
below.
Sec. 130.20 User fees for endorsing export certificates.
(a) * * *
----------------------------------------------------------------------------------------------------------------
User fee
---------------------------------------------------------------------
Certificate categories Apr. 29, Oct. 1, 2009- Oct. 1, 2010- Oct. 1, 2011-
2009-Sept. Sept. 30, Sept. 30, Sept. 30, Beginning
30, 2009 2010 2011 2012 Oct. 1, 2012
----------------------------------------------------------------------------------------------------------------
Animal and nonanimal products............. $45.00 $47.00 $48.00 $49.00 $51.00
Hatching eggs............................. 42.00 44.00 45.00 46.00 48.00
Poultry, including slaughter poultry...... 42.00 44.00 45.00 46.00 48.00
Ruminants, except slaughter ruminants 47.00 48.00 49.00 51.00 52.00
moving to Canada or Mexico...............
Slaughter animals (except poultry but 49.00 51.00 52.00 54.00 56.00
including ruminants) moving to Canada or
Mexico...................................
Other endorsements or certifications...... 34.00 35.00 36.00 37.00 38.00
----------------------------------------------------------------------------------------------------------------
(b)(1) * * *
----------------------------------------------------------------------------------------------------------------
User fee
Number \1\ of tests or vaccinations and ---------------------------------------------------------------------
number of animals or birds on the Apr. 29, Oct. 1, 2009- Oct. 1, 2010- Oct. 1, 2011-
certificate 2009-Sept. Sept. 30, Sept. 30, Sept. 30, Beginning
30, 2009 2010 2011 2012 Oct. 1, 2012
----------------------------------------------------------------------------------------------------------------
1-2 tests or vaccinations
Nonslaughter horses to Canada:
First horse........................... $54.00 $55.00 $57.00 $59.00 $60.00
Each additional horse................. 6.25 6.25 6.50 6.75 7.00
Other animals or birds:
First animal.......................... 107.00 111.00 114.00 117.00 121.00
Each additional animal................ 6.25 6.25 6.50 6.75 7.00
3-6 tests or vaccinations
First animal.......................... 133.00 137.00 141.00 145.00 150.00
Each additional animal................ 10.00 11.00 11.00 11.00 12.00
7 or more tests or vaccinations
First animal.......................... 154.00 159.00 163.00 168.00 173.00
Each additional animal................ 12.00 12.00 13.00 13.00 14.00
----------------------------------------------------------------------------------------------------------------
\1\ Rabies vaccinations are not included in this number.
[[Page 14006]]
* * * * *
0
12. Section 130.30 is amended as follows:
0
a. In paragraph (a), by revising the table to read as set forth below.
0
b. In paragraph (b), by revising the table to read as set forth below.
Sec. 130.30 Hourly rate and minimum user fees.
(a) * * *
----------------------------------------------------------------------------------------------------------------
User fee
---------------------------------------------------------------------
Apr. 29, Oct. 1, 2009- Oct. 1, 2010- Oct. 1, 2011-
2009-Sept. Sept. 30, Sept. 30, Sept. 30, Beginning
30, 2009 2010 2011 2012 Oct. 1, 2012
----------------------------------------------------------------------------------------------------------------
Hourly rate:
Per hour.............................. $120.00 $120.00 $124.00 $128.00 $132.00
Per quarter hour...................... 30.00 30.00 31.00 32.00 33.00
Per service minimum fee............... 35.00 36.00 37.00 39.00 40.00
----------------------------------------------------------------------------------------------------------------
* * * * *
(b) * * *
----------------------------------------------------------------------------------------------------------------
Premium rate user fee
---------------------------------------------------------------------
Overtime rates (outside the employee's Apr. 29, Oct. 1, 2009- Oct. 1, 2010- Oct. 1, 2011-
normal tour of duty) 2009-Sept. Sept. 30, Sept. 30, Sept. 30, Beginning
30, 2009 2010 2011 2012 Oct. 1, 2012
----------------------------------------------------------------------------------------------------------------
Premium hourly rate Monday through
Saturday and holidays:
Per hour.............................. $140.00 $144.00 $148.00 $152.00 $156.00
Per quarter hour...................... 35.00 36.00 37.00 38.00 39.00
Premium hourly rate for Sundays:
Per hour.............................. 160.00 164.00 168.00 172.00 $176.00
Per quarter hour...................... 40.00 41.00 42.00 43.00 44.00
----------------------------------------------------------------------------------------------------------------
* * * * *
Done in Washington, DC, this 24th day of March 2009.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E9-7022 Filed 3-27-09; 8:45 am]
BILLING CODE 3410-34-P
