User Fees: Agricultural Quarantine and Inspection Services; Delay of Effective Date and Request for Information, 13272-13273 [2025-04821]

Download as PDF 13272 Federal Register / Vol. 90, No. 54 / Friday, March 21, 2025 / Rules and Regulations 3. Regulatory Flexibility Act DEPARTMENT OF AGRICULTURE The Director of the OPM certifies that this rulemaking will not have a significant economic impact on a substantial number of small entities because the rule will apply only to Federal agencies and employees. Animal and Plant Health Inspection Service 4. Federalism RIN 0579–AE71 This rulemaking will not have substantial direct effects on the States, on the relationship between the national government and the States, or on distribution of power and responsibilities among the various levels of government. Therefore, in accordance with E.O. 13132, the Director of the OPM certifies that this rulemaking does not have sufficient federalism implications to warrant preparation of a Federalism Assessment. User Fees: Agricultural Quarantine and Inspection Services; Delay of Effective Date and Request for Information 5. Unfunded Mandates Reform Act Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) requires that agencies assess anticipated costs and benefits before issuing any rule that would impose spending costs on State, local, or Tribal governments in the aggregate, or on the private sector, in any 1 year of $100 million in 1995 dollars, updated annually for inflation. That threshold is currently approximately $206 million. This rulemaking will not result in the expenditure by State, local, or Tribal governments, in the aggregate, or by the private sector, in excess of the threshold. Thus, no written assessment of unfunded mandates is required. 7. Paperwork Reduction Act This rulemaking does not impose any reporting or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35). List of Subjects in 5 CFR Part 960 Organization and functions (Government agencies). Office of Personnel Management. Jerson Matias, Federal Register Liaison. For the reasons stated in the preamble, and under the authority of E.O. 14217, OPM removes 5 CFR part 960. khammond on DSK9W7S144PROD with RULES ■ [FR Doc. 2025–04814 Filed 3–20–25; 8:45 am] BILLING CODE 6325–39–P VerDate Sep<11>2014 16:00 Mar 20, 2025 Jkt 265001 7 CFR Part 354 [Docket No. APHIS–2022–0023] Animal and Plant Health Inspection Service, USDA. ACTION: Final rule; delay of effective date and request for comment. AGENCY: On May 7, 2024, the Animal and Plant Health Inspection Service published in the Federal Register a final rule amending the user fee regulations associated with the agricultural quarantine and inspection program. The final rule went into effect on October 1, 2024, with the exception of the removal of an exemption to the commercial aircraft user fee for small commercial passenger aircraft, which was scheduled to go into effect on April 1, 2025. In this document, we are issuing a postponement of the effective date of the removal of the exemption to the commercial aircraft user fee for small commercial passenger aircraft for 60 days, from April 1, 2025, to June 2, 2025. SUMMARY: As of March 21, 2025 the effective date of the rule published on May 7, 2024 (89 FR 38596) for the removal of 7 CFR 354.3(e)(2)(iv), is delayed until June 2, 2025. We will consider all comments that we receive on or before April 21, 2025. ADDRESSES: You may submit comments by either of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov. Enter APHIS– 2022–0023 in the Search field. Select the Documents tab, then select the Comment button in the list of documents. • Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS–2022–0023, Regulatory Analysis and Development, PPD, APHIS, Station 2C–10.16, 4700 River Road, Unit 25, Riverdale, MD 20737–1238. Any comments we receive on this docket may be viewed at Regulations.gov or in our reading room, whichis located in room 1620 of the USDA South Building, 14th Street and Independence Avenue SW, Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure DATES: PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 someone is there to help you, please call (202) 799–7039 before coming. Response to this action is voluntary. Each individual or institution is requested to submit only one response. Responses should include the name of the person(s) or organization(s) filing the response. Comments submitted in response to this action are subject to the Freedom of Information Act. Responses to this action may be posted without change online. Mr. George Balady, Senior Regulatory Policy Specialist, PPQ, APHIS, 67 Thomas Johnson Drive, Ste. 2, Frederick, MD 21702–4865; (301) 851–2338; aqi.user.fees@usda.gov. SUPPLEMENTARY INFORMATION: With this document we are also seeking information on whether: (1) There are any circumstances under which small commercial passenger aircraft (those with 64 or fewer seats) can be considered to have lower sanitary and phytosanitary risk than larger commercial passenger aircraft under similar conditions; (2) if those small commercial passenger aircraft merit reduced agricultural quarantine and inspection user fees as a result of that lower risk, and (3) whether the user fee could be structured differently, in a manner commensurate with the services being provided, along with evidence to support any alternate user fee structures. FOR FURTHER INFORMATION CONTACT: Background Section 2509(a) of the Food, Agriculture, Conservation, and Trade (FACT) Act of 1990 (21 U.S.C. 136a) authorizes the Animal and Plant Health Inspection Service (APHIS) to prescribe and collect user fees for agricultural quarantine and inspection (AQI) services. Congress amended the FACT Act on April 4, 1996, and May 13, 2002. The FACT Act, as amended, authorizes APHIS to prescribe and collect user fees for AQI services provided in connection with the arrival, at a port in the customs territory of the United States, of certain commercial vessels, commercial trucks, commercial railroad cars, commercial aircraft, and international passengers. According to the FACT Act, as amended, these user fees should be ‘‘sufficient’’ ‘‘to cover the cost of’’: • Providing AQI services ‘‘in connection with the arrival at a port in the customs territory of the United States’’ of the conveyances and the passengers listed above; • Providing ‘‘preclearance or preinspection at a site outside the E:\FR\FM\21MRR1.SGM 21MRR1 Federal Register / Vol. 90, No. 54 / Friday, March 21, 2025 / Rules and Regulations khammond on DSK9W7S144PROD with RULES customs territory of the United States’’ to the conveyances and the passengers listed above; and • Administering 21 U.S.C. 136a, concerning the ‘‘collection of fees for inspection services.’’ In addition, the FACT Act, as amended, contains the following requirements: • The amount of the fees shall be ‘‘commensurate with the costs of [AQI] services with respect to the class of persons or entities paying the fees.’’ • The cost of AQI services ‘‘with respect to passengers as a class’’ shall ‘‘include the cost of related inspections of the aircraft or other vehicle.’’ The user fees for the AQI activities described above are contained in 7 CFR 354.3, ‘‘User fees for certain international services.’’ APHIS’ regulations regarding user fees relating to imports and exports, as well as overtime services, are found in 7 CFR part 354. On May 7, 2024, we published a final rule in the Federal Register, (89 FR 38596–38644, Docket No. APHIS–2022– 0023),1 amending the user fee regulations associated with the AQI program. The final rule went into effect on October 1, 2024, with the exception of the removal of 7 CFR 354.3(e)(2)(iv), which contains an exemption from paying the AQI user fee for commercial aircraft with 64 or fewer seats meeting certain conditions. Because small commercial passenger aircraft have not previously been subject to the fee, we delayed implementation of the commercial aircraft fee for passenger aircraft with 64 or fewer seats until April 1, 2025 (89 FR 38621). In this document, we are postponing the implementation of the removal of § 354.3(e)(2)(iv) for an additional 60 days, until June 2, 2025. This postponement is in accordance with the Presidential Memorandum titled ‘‘Regulatory Freeze Pending Review’’ issued January 20, 2025, which orders all agencies to consider postponing for 60 days the effective date of any rule that has not taken effect, for the purpose of reviewing any question of fact, law or policy that the rule may raise.2 Request for Information The memorandum also directs agencies, during this 60-day period of delay of effective date, where 1 To view the proposed rule, final rule, supporting documents, and the comments received, go to Regulations.gov. Enter APHIS–2022–0023 in the Search box. 2 To view the memorandum, go to https:// www.whitehouse.gov/presidential-actions/2025/01/ regulatory-freeze-pending-review/. VerDate Sep<11>2014 16:00 Mar 20, 2025 Jkt 265001 appropriate and consistent with applicable law, to consider opening a comment period to allow interested parties to provide comments about issues of fact, law, and policy raised by the rules postponed under this memorandum. Accordingly, we are soliciting public information about small commercial passenger aircraft operations, for the reasons discussed below. Since the final rule was published, some operators of small commercial passenger aircraft stated that their aircraft do not pose a sanitary or phytosanitary risk because they do not have cargo holds and, therefore, do not carry cargo that requires AQI services. These same small commercial passenger aircraft operators further stated that they should continue to be exempt from the AQI user fees for commercial aircraft. Other small commercial passenger aircraft operators stated that they were not of an equivalent risk profile to larger commercial carriers and should pay a lower fee that correlates to this lower risk. In the May 2024 final rule, we created a separate, lower fee structure for certain commercial vessels operating in the Great Lakes and Cascadia based on comments received during the comment period on the proposed rule (88 FR 54796–54827, Docket No. APHIS–2022– 0023) that the area of departure, route, and arrival were bounded and routine for many of those vessels (89 FR 38607– 38609). Based on the comments received and available information, APHIS determined that depending on their cargo, vessels operating in the Great Lakes and Cascadia could pose a lower sanitary and phytosanitary risk than other types of commercial vessels traveling internationally warranting a lower fee rate provided that certain requirements are met (89 FR 38608– 38609). APHIS is therefore open to the possibility of a lower AQI user fee for small commercial passenger aircraft, if warranted and adequately supported by data. We are soliciting public information about small commercial passenger aircraft operations; in particular, whether small commercial passenger aircraft operators have additional data regarding the nature of their activities and whether those activities result in a lower sanitary and phytosanitary risk profile that would merit less intensive AQI services and a lower corresponding user fee. We are thus soliciting information about whether APHIS should consider modifying the commercial aircraft fee for small commercial passenger aircraft in a similar way to the fee structure we PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 13273 created for the Great Lakes and Cascadia commercial vessels. Specifically, we request information about whether: • Small commercial passenger aircraft predominately operate (and seldom depart from) a distinct geographical or environmental area; • Aircraft departures and arrivals are often more frequent than those of larger commercial aircraft; • There is information that indicates that these small commercial passenger aircraft take the same or substantially similar routes per flight; • There is information that indicates that these small commercial passenger aircraft carry the same or substantially similar cargo per shipment and that the cargo carried does not present a significant sanitary or phytosanitary risk; • There are any other considerations that could help us differentiate aircraft into categories based on sanitary and phytosanitary risk; and • There are other ways that the fee could be structured differently, in a manner commensurate with the services being provided, and evidence to support any alternate fee structures. (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.) Done in Washington, DC, this 17th day of March 2025. Michael Watson, Administrator, Animal and Plant Health Inspection Service, USDA. [FR Doc. 2025–04821 Filed 3–20–25; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 11 [Docket No. APHIS–2022–0004] RIN 0579–AE70 Horse Protection Amendments; Further Delay of Effective Date, and Request for Comment Animal and Plant Health Inspection Service, USDA. ACTION: Final rule; further delay of effective date and request for comment. AGENCY: On May 8, 2024, we published a final rule amending the horse protection regulations. The amendments to the final rule initially scheduled to go into effect on February 1, 2025, were delayed until April 2, 2025. In this document, we are further delaying the effective date of the SUMMARY: E:\FR\FM\21MRR1.SGM 21MRR1

Agencies

[Federal Register Volume 90, Number 54 (Friday, March 21, 2025)]
[Rules and Regulations]
[Pages 13272-13273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04821]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 354

[Docket No. APHIS-2022-0023]
RIN 0579-AE71


User Fees: Agricultural Quarantine and Inspection Services; Delay 
of Effective Date and Request for Information

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule; delay of effective date and request for comment.

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

SUMMARY: On May 7, 2024, the Animal and Plant Health Inspection Service 
published in the Federal Register a final rule amending the user fee 
regulations associated with the agricultural quarantine and inspection 
program. The final rule went into effect on October 1, 2024, with the 
exception of the removal of an exemption to the commercial aircraft 
user fee for small commercial passenger aircraft, which was scheduled 
to go into effect on April 1, 2025. In this document, we are issuing a 
postponement of the effective date of the removal of the exemption to 
the commercial aircraft user fee for small commercial passenger 
aircraft for 60 days, from April 1, 2025, to June 2, 2025.

DATES: As of March 21, 2025 the effective date of the rule published on 
May 7, 2024 (89 FR 38596) for the removal of 7 CFR 354.3(e)(2)(iv), is 
delayed until June 2, 2025. We will consider all comments that we 
receive on or before April 21, 2025.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov. 
Enter APHIS-2022-0023 in the Search field. Select the Documents tab, 
then select the Comment button in the list of documents.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2022-0023, Regulatory Analysis and Development, PPD, 
APHIS, Station 2C-10.16, 4700 River Road, Unit 25, Riverdale, MD 20737-
1238.
    Any comments we receive on this docket may be viewed at 
Regulations.gov or in our reading room, whichis located in room 1620 of 
the USDA South Building, 14th Street and Independence Avenue SW, 
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., 
Monday through Friday, except holidays. To be sure someone is there to 
help you, please call (202) 799-7039 before coming.
    Response to this action is voluntary. Each individual or 
institution is requested to submit only one response. Responses should 
include the name of the person(s) or organization(s) filing the 
response.
    Comments submitted in response to this action are subject to the 
Freedom of Information Act. Responses to this action may be posted 
without change online.

FOR FURTHER INFORMATION CONTACT: Mr. George Balady, Senior Regulatory 
Policy Specialist, PPQ, APHIS, 67 Thomas Johnson Drive, Ste. 2, 
Frederick, MD 21702-4865; (301) 851-2338; [email protected].

SUPPLEMENTARY INFORMATION: With this document we are also seeking 
information on whether: (1) There are any circumstances under which 
small commercial passenger aircraft (those with 64 or fewer seats) can 
be considered to have lower sanitary and phytosanitary risk than larger 
commercial passenger aircraft under similar conditions; (2) if those 
small commercial passenger aircraft merit reduced agricultural 
quarantine and inspection user fees as a result of that lower risk, and 
(3) whether the user fee could be structured differently, in a manner 
commensurate with the services being provided, along with evidence to 
support any alternate user fee structures.

Background

    Section 2509(a) of the Food, Agriculture, Conservation, and Trade 
(FACT) Act of 1990 (21 U.S.C. 136a) authorizes the Animal and Plant 
Health Inspection Service (APHIS) to prescribe and collect user fees 
for agricultural quarantine and inspection (AQI) services. Congress 
amended the FACT Act on April 4, 1996, and May 13, 2002.
    The FACT Act, as amended, authorizes APHIS to prescribe and collect 
user fees for AQI services provided in connection with the arrival, at 
a port in the customs territory of the United States, of certain 
commercial vessels, commercial trucks, commercial railroad cars, 
commercial aircraft, and international passengers. According to the 
FACT Act, as amended, these user fees should be ``sufficient'' ``to 
cover the cost of'':
     Providing AQI services ``in connection with the arrival at 
a port in the customs territory of the United States'' of the 
conveyances and the passengers listed above;
     Providing ``preclearance or preinspection at a site 
outside the

[[Page 13273]]

customs territory of the United States'' to the conveyances and the 
passengers listed above; and
     Administering 21 U.S.C. 136a, concerning the ``collection 
of fees for inspection services.''
    In addition, the FACT Act, as amended, contains the following 
requirements:
     The amount of the fees shall be ``commensurate with the 
costs of [AQI] services with respect to the class of persons or 
entities paying the fees.''
     The cost of AQI services ``with respect to passengers as a 
class'' shall ``include the cost of related inspections of the aircraft 
or other vehicle.''
    The user fees for the AQI activities described above are contained 
in 7 CFR 354.3, ``User fees for certain international services.'' 
APHIS' regulations regarding user fees relating to imports and exports, 
as well as overtime services, are found in 7 CFR part 354.
    On May 7, 2024, we published a final rule in the Federal Register, 
(89 FR 38596-38644, Docket No. APHIS-2022-0023),\1\ amending the user 
fee regulations associated with the AQI program. The final rule went 
into effect on October 1, 2024, with the exception of the removal of 7 
CFR 354.3(e)(2)(iv), which contains an exemption from paying the AQI 
user fee for commercial aircraft with 64 or fewer seats meeting certain 
conditions. Because small commercial passenger aircraft have not 
previously been subject to the fee, we delayed implementation of the 
commercial aircraft fee for passenger aircraft with 64 or fewer seats 
until April 1, 2025 (89 FR 38621). In this document, we are postponing 
the implementation of the removal of Sec.  354.3(e)(2)(iv) for an 
additional 60 days, until June 2, 2025.
---------------------------------------------------------------------------

    \1\ To view the proposed rule, final rule, supporting documents, 
and the comments received, go to Regulations.gov. Enter APHIS-2022-
0023 in the Search box.
---------------------------------------------------------------------------

    This postponement is in accordance with the Presidential Memorandum 
titled ``Regulatory Freeze Pending Review'' issued January 20, 2025, 
which orders all agencies to consider postponing for 60 days the 
effective date of any rule that has not taken effect, for the purpose 
of reviewing any question of fact, law or policy that the rule may 
raise.\2\
---------------------------------------------------------------------------

    \2\ To view the memorandum, go to https://www.whitehouse.gov/presidential-actions/2025/01/regulatory-freeze-pending-review/.
---------------------------------------------------------------------------

Request for Information

    The memorandum also directs agencies, during this 60-day period of 
delay of effective date, where appropriate and consistent with 
applicable law, to consider opening a comment period to allow 
interested parties to provide comments about issues of fact, law, and 
policy raised by the rules postponed under this memorandum. 
Accordingly, we are soliciting public information about small 
commercial passenger aircraft operations, for the reasons discussed 
below.
    Since the final rule was published, some operators of small 
commercial passenger aircraft stated that their aircraft do not pose a 
sanitary or phytosanitary risk because they do not have cargo holds 
and, therefore, do not carry cargo that requires AQI services. These 
same small commercial passenger aircraft operators further stated that 
they should continue to be exempt from the AQI user fees for commercial 
aircraft. Other small commercial passenger aircraft operators stated 
that they were not of an equivalent risk profile to larger commercial 
carriers and should pay a lower fee that correlates to this lower risk.
    In the May 2024 final rule, we created a separate, lower fee 
structure for certain commercial vessels operating in the Great Lakes 
and Cascadia based on comments received during the comment period on 
the proposed rule (88 FR 54796-54827, Docket No. APHIS-2022-0023) that 
the area of departure, route, and arrival were bounded and routine for 
many of those vessels (89 FR 38607-38609). Based on the comments 
received and available information, APHIS determined that depending on 
their cargo, vessels operating in the Great Lakes and Cascadia could 
pose a lower sanitary and phytosanitary risk than other types of 
commercial vessels traveling internationally warranting a lower fee 
rate provided that certain requirements are met (89 FR 38608-38609). 
APHIS is therefore open to the possibility of a lower AQI user fee for 
small commercial passenger aircraft, if warranted and adequately 
supported by data.
    We are soliciting public information about small commercial 
passenger aircraft operations; in particular, whether small commercial 
passenger aircraft operators have additional data regarding the nature 
of their activities and whether those activities result in a lower 
sanitary and phytosanitary risk profile that would merit less intensive 
AQI services and a lower corresponding user fee. We are thus soliciting 
information about whether APHIS should consider modifying the 
commercial aircraft fee for small commercial passenger aircraft in a 
similar way to the fee structure we created for the Great Lakes and 
Cascadia commercial vessels. Specifically, we request information about 
whether:
     Small commercial passenger aircraft predominately operate 
(and seldom depart from) a distinct geographical or environmental area;
     Aircraft departures and arrivals are often more frequent 
than those of larger commercial aircraft;
     There is information that indicates that these small 
commercial passenger aircraft take the same or substantially similar 
routes per flight;
     There is information that indicates that these small 
commercial passenger aircraft carry the same or substantially similar 
cargo per shipment and that the cargo carried does not present a 
significant sanitary or phytosanitary risk;
     There are any other considerations that could help us 
differentiate aircraft into categories based on sanitary and 
phytosanitary risk; and
     There are other ways that the fee could be structured 
differently, in a manner commensurate with the services being provided, 
and evidence to support any alternate fee structures.

(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.)

    Done in Washington, DC, this 17th day of March 2025.
Michael Watson,
Administrator, Animal and Plant Health Inspection Service, USDA.
[FR Doc. 2025-04821 Filed 3-20-25; 8:45 am]
BILLING CODE 3410-34-P
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