[Federal Register Volume 64, Number 232 (Friday, December 3, 1999)]
[Rules and Regulations]
[Pages 67699-67700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31370]
[[Page 67699]]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 130
[Docket No. 98-004-1]
Veterinary Services User Fees
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are making miscellaneous, nonsubstantive changes to the
Veterinary Services user fee regulations. We are clarifying wording in
the regulations to make the user fee regulations easier to understand
and follow. We are also combining all pet bird user fees into one
section in order to make them easier to find and consistently apply.
These changes will make it easier to look up user fee rates and related
information.
EFFECTIVE DATE: November 29, 1999.
FOR FURTHER INFORMATION CONTACT: For information concerning program
operations for Veterinary Services, contact Ms. Louise Lothery,
Director, Management Support Staff, VS, APHIS, 4700 River Road Unit 44,
Riverdale, MD 20737-1231; (301) 734-7517.
For information concerning user fees, contact Ms. Donna Ford,
Section Head, Financial Systems and Services Branch, Budget and
Accounting Service Enhancement Unit, MRPBS, APHIS, 4700 River Road Unit
54, Riverdale, MD 20737-1232; (301) 734-8351.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 130 (referred to below as the
regulations) specify user fees for services provided by the Animal and
Plant Health Inspection Service (APHIS) for animals and birds, animal
products, germ plasm, and organisms and vectors. We have reviewed the
regulations and found some obsolete, redundant, and confusing items. We
are updating and clarifying the regulations as explained below to
resolve these problems. These editorial changes will not change the
user fee rates.
Animal Quarantine Facilities
Section 130.2 of the regulations lists the user fees which must be
paid for each animal or bird quarantined in an APHIS-owned or -operated
animal import center or other quarantine facility. The current title,
``User fees for individual animals and certain birds quarantined in
APHIS Animal Import Centers,'' implies that our charges are limited to
those quarantine facilities specifically defined as animal import
centers in 9 CFR 130.1. In order to clarify that APHIS' user fees apply
at all APHIS-owned or -supervised animal quarantine facilities, we are
changing the title of Sec. 130.2 to ``User fees for individual animals
and certain birds quarantined in APHIS-owned or -operated animal
quarantine facilities, including APHIS Animal Import Centers.''
User Fees Along the United States-Mexico Border
Section 130.6 of the regulations lists user fees for import or
entry services for live animals at land border ports along the United
States-Mexico border. The categories for the different types of live
animals are: feeder; slaughter; horses, other than slaughter; in-bond
or in transit; and any ruminants not covered by the other categories
listed. There has been some confusion among persons who receive
services as to which category applies to breeder ruminants, such as
breeding cattle. Breeder ruminants fall under the category of ``Any
ruminants not covered above.'' To clarify this, we are amending
Sec. 130.6 by specifically adding breeder ruminants in the category of
any ruminant not covered by the other categories listed.
Pet Bird User Fees
Section 130.8 of the regulations lists user fees for services that
are not specifically addressed elsewhere in part 130. This list
includes fees for pet birds, except pet birds of U.S. origin entering
the United States from Canada. Section 130.10 lists the user fees for
pet birds quarantined in APHIS-owned or -supervised quarantine
facilities. We are consolidating all pet bird user fees into
Sec. 130.10. Moving the fees pertaining to pet birds from Sec. 130.8
into Sec. 130.10 will make it easier to find all the pet bird user
fees. We are also changing the title of Sec. 130.10 to ``User fees for
pet birds.''
Endorsing Export Health Certificates
Section 130.20 of the regulations lists the user fees we charge for
endorsing export health certificates. The section currently lists user
fees for endorsing certificates for various animals and animal
products. It also has a user fee for ``Other endorsements or
certifications.'' There has been confusion as to which user fee applies
for certifications for nonanimal products. For example, if requested,
we endorse export health certificates for grain shipments to certify
that the grain shipments are free from specified diseases. We currently
charge the same user fee--the ``Animal products'' fee--for endorsing an
export health certificate for a nonanimal product as we do for
endorsing a certificate for an animal product. Therefore, we are
amending Sec. 130.20 to clarify this by changing the user fee category
``Animal products'' to read ``Animal and nonanimal products.''
The user fees listed in Sec. 130.20 are broken down into two
categories. In Sec. 130.20, paragraph (a) lists user fees for endorsing
export health certificates that do not require verification of tests or
vaccinations; Sec. 301.20(b)(1) lists user fees for endorsing export
health certificates that do require verification of tests or
vaccinations. Among the user fees listed in Sec. 130.20(a) is a fee for
endorsing export health certificates for ``nonslaughter horses to
Canada.'' Nonslaughter horses being moved to Canada require only one
test. However, that test needs to be verified. Therefore, we are
amending Sec. 130.20 to move the user fee for ``nonslaughter horses to
Canada'' from Sec. 130.20(a) to Sec. 130.20(b)(1).
Miscellaneous
We are also making other miscellaneous, nonsubstantive changes
throughout part 130 that will make it easier to look up user fee rates
and related information.
Effective Date
This rule makes nonsubstantive changes to the Veterinary Services
user fee regulations for clarity and consistency. Because the changes
contained in this rule are nonsubstantive in nature, notice and other
public procedure on this rule are unnecessary and contrary to the
public interest. Therefore, pursuant to 5 U.S.C. 553, notice of
proposed rulemaking and opportunity to comment are not required, and
this rule may be made effective less than 30 days after publication in
the Federal Register. Further, since this rule does not make a
substantive change in the regulations, it is exempt from the provisions
of Executive Orders 12866 and 12988. Finally, this action is not a rule
as defined by the Regulatory Flexibility Act (5 U.S.C. 601) and, thus,
is exempt from the provisions of that Act.
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.)
[[Page 67700]]
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 new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects in 9 CFR Part 130
Animals, Birds, Diagnostic reagents, Exports, Imports, Poultry and
poultry products, Quarantine, Reporting and recordkeeping requirements,
Tests.
Accordingly, we 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; 19 U.S.C. 1306; 21
U.S.C. 102-105, 111, 114, 114a, 134a, 134c, 134d, 134f, 136, and
136a; 31 U.S.C. 3701, 3716, 3717, 3719, and 3720A; 7 CFR 2.22, 2.80,
and 371.2(d).
2. In Sec. 130.2, the section heading is revised to read as
follows:
Sec. 130.2 User fees for individual animals and certain birds
quarantined in APHIS-owned or -operated animal quarantine facilities,
including APHIS Animal Import Centers.
* * * * *
3. In Sec. 130.6, in the table in paragraph (a), the entry for
``Any ruminants not covered above'' is revised to read as follows:
Sec. 130.6 User fees for import or entry services for live animals at
land border ports along the United States-Mexico border.
(a) * * *
------------------------------------------------------------------------
User fee
Type of live animal (per head)
------------------------------------------------------------------------
* * * * *
Any ruminants (including breeder ruminants) not covered 6.00
above.....................................................
------------------------------------------------------------------------
* * * * *
Sec. 130.8 [Amended]
4. In Sec. 130.8, the table in paragraph (a) is amended by removing
the entire entry for pet birds.
5. Section 130.10 is amended as follows:
a. The section heading is revised to read as set forth below.
b. Paragraphs (a) through (c) are redesignated as paragraphs (b)
through (d), respectively.
c. A new paragraph (a) is added to read as set forth below.
d. Footnote 4 in the redesignated paragraph (b) is removed.
Sec. 130.10 User fees for pet birds.
(a) User fees for pet birds of U.S. origin returning to the United
States, except pet birds of U.S. origin returning from Canada, are as
follows:
(1) $71.25 per lot if the birds have been out of the United States
for 60 days or less;
(2) $169.75 per lot if the birds have been out of the United States
for more than 60 days.
* * * * *
Sec. 130.14 [Amended]
6. In Sec. 130.14, footnote 5 is redesignated as footnote 4.
7. Section 130.20 is amended as follows:
a. In paragraph (a), footnote 6 is redesignated as footnote 5.
b. In paragraph (a), the table is revised to read.
c. In paragraph (b)(1), the table is revised to read as follows:
Sec. 130.20 User fees for endorsing export health certificates.
(a) * * *
------------------------------------------------------------------------
Certificate categories User fee
------------------------------------------------------------------------
Slaughter animals (except poultry) moving to Canada or $24.50
Mexico....................................................
Poultry, including slaughter poultry....................... 21.00
Hatching eggs.............................................. 21.00
Animal and nonanimal products.............................. 21.50
Other endorsements or certifications....................... 16.50
------------------------------------------------------------------------
(b)(1) * * *
------------------------------------------------------------------------
Animals or birds on
Number of tests/vaccinations certificate User fee
------------------------------------------------------------------------
1-2................................. Nonslaughter horses to $26.25
Canada.
Other animals or birds:
First animal......... 52.50
Each additional 3.00
animal.
3-6................................. First animal........... 64.75
Each additional animal. 5.00
7 or more........................... First animal........... 75.75
Each additional animal. 6.00
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* * * * *
Sec. 130.50 [Amended]
8. In Sec. 130.50, paragraph (b)(3)(i), in the table, the first
entry is amended by adding the words ``or 7 CFR 354.3'' immediately
after ``Sec. 97.1(a)''.
Done in Washington, DC, this 29th day of November 1999.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-31370 Filed 12-2-99; 8:45 am]
BILLING CODE 3410-34-P
