[Federal Register Volume 63, Number 250 (Wednesday, December 30, 1998)]
[Rules and Regulations]
[Pages 71728-71729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34523]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 130
[Docket No. 98-005-2]
Veterinary Services User Fees; Embryo Collection Center Approval
Fee
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the existing user fees for the inspection and
approval of embryo collection centers. Existing user fees require
embryo collection centers to pay user fees based on hourly rates for
inspections and approval. We are replacing the hourly rates for this
specific service with a flat rate annual user fee that will cover the
cost of approval and all required inspections of the facility for that
year. We are taking this action in order to make the collection of user
fees simpler and to allow centers to better predict the costs of APHIS'
inspection and approval.
EFFECTIVE DATE: January 29, 1999.
FOR FURTHER INFORMATION CONTACT: Ms. Donna Ford, Section Head,
Financial Systems and Services Branch, Budget and Accounting Division,
ABS, APHIS, 4700 River Road Unit 54, Riverdale, MD 20737-1232; (301)
734-8351.
SUPPLEMENTARY INFORMATION:
Background
User fees to reimburse the Animal and Plant Health Inspection
Service (APHIS) for the costs of providing veterinary diagnostic
services and import-related and export-related services for live
animals and birds and animal products are contained in 9 CFR part 130.
Section 130.21 lists the user fees charged for APHIS' inspection and
approval of export facilities, including embryo collection centers,
within the United States. Section 130.8 lists miscellaneous flat rate
user fees.
On July 28, 1998, we published in the Federal Register (63 FR
40200-40202, Docket No. 98-005-1) a proposal to amend the regulations
by revising the user fees for the inspection and approval of embryo
collection centers. Existing user fees require embryo collection
centers to pay user fees based on hourly rates for inspections and
approval. We are replacing the hourly rates for this specific service
with a flat rate annual user fee that will cover the cost of approval
and all required inspections of the facility for that year.
We solicited comments concerning our proposal for 60 days ending
September 28, 1998. We did not receive any comments. Therefore, for the
reasons given in the proposed rule, we are adopting the proposed rule
as a final rule without change.
Executive Order 12866 and Regulatory Flexibility Act
This proposed 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.
User fees to reimburse APHIS for the costs of providing veterinary
diagnostic services and import- and export-related services for live
animals and birds and animal products are contained in 9 CFR 130. We
are amending the regulations by removing the hourly rate user fees for
inspection and approval of embryo collection centers and the animals in
them. We are replacing the hourly rates with a flat rate annual user
fee, which does not include costs for inspecting any animals in the
facility.
The flat rate annual user fee was arrived at using the average
number of hours required for an APHIS inspector to complete an
inspection (including travel time), the average number of inspections
performed during a year (two per center), the average direct labor
involved, and proportional share of support costs, overhead, and
departmental charges.
The flat rate annual user fee of $278.50 per center should not be
significantly different from what customers have paid per year in the
past for inspection and approval at hourly rates. Variations should
generally be a result of different travel times to individual centers.
There are approximately 90 currently licensed embryo collection
centers in the United States. Under Small Business Administration (SBA)
guidelines, an embryo collection center with less than $5 million in
annual sales qualifies as a small entity. While we could not determine
exactly how many of the embryo collection centers are ``small
entities,'' it is likely that the majority of them have less than $5
million in annual sales. However, since the flat fee should not be
significantly different from what customers have paid in the past for
approval and inspection at hourly rates, the effect on customers should
be minimal.
This action should also have a minimal impact on the customers of
embryo collection centers, whether small or large. Any change in cost
to users that occurs as a result of this action should be small,
relative to the product value of even a small operation. An average
animal embryo sells for approximately $400, with certain animal embryos
ranging in price from $100 to $2500 each. An average collection center
collects approximately 3,400 animal embryos a year. Considering the
volume of animal embryos collected at collection facilities per year
and the value of individual embryos, the effect on user costs should be
minimal.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12988
This 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 rule contains no new information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501,
et seq.).
Regulatory Reform
This action is part of the President's Regulatory Reform
Initiative, which, among other things, directs agencies to remove
obsolete and unnecessary regulations and to find less burdensome ways
to achieve regulatory goals.
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,
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114a, 134a, 134b, 134c, 134d, 134f, 135, 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. 130.8, paragraph (a) is amended by adding a new entry at
the end of the table to read as follows:
Sec. 130.8 User fees for other services.
(a) * * *
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Service User fee
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* * * *
* * *
Embryo collection center inspection and $278.50 for all inspections
approval. required during the year for
facility approval.
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* * * * *
Sec. 130.21 [Amended]
3. In Sec. 130.21, paragraph (a)(6) is amended by removing the
words ``embryo or'' and adding the words ``artificial insemination
center or a'' in their place.
Done in Washington, DC, this 22nd day of December 1998.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-34523 Filed 12-29-98; 8:45 am]
BILLING CODE 3410-34-P
