[Federal Register Volume 63, Number 71 (Tuesday, April 14, 1998)]
[Rules and Regulations]
[Pages 18117-18118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9789]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 63, No. 71 / Tuesday, April 14, 1998 / Rules
and Regulations
[[Page 18117]]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 130
[Docket No. 96-089-2]
Import/Export User Fees; Exemptions
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Affirmation of interim rule as final rule.
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SUMMARY: We are adopting as a final rule, without change, an interim
rule that amended the user fee regulations to provide that user fees
are not charged for veterinary diagnostic services in the following
cases: When veterinary diagnostic services are provided in connection
with Federal programs to control or eradicate diseases or pests of
livestock or poultry in the United States (program diseases) or in
support of zoonotic disease surveillance when there is a significant
risk to human health; and when veterinary diagnostic reagents are
distributed within the United States for testing for foreign animal
diseases. In addition, we eliminated the user fee for export health
certificates that are requested and reviewed, but not endorsed. We made
these changes to eliminate confusion, clarify when certain user fees
apply, and eliminate an unnecessary user fee.
EFFECTIVE DATE: The interim rule was effective on November 7, 1997.
FOR FURTHER INFORMATION CONTACT: Ms. Donna Ford, Section Head,
Financial Systems and Services Branch, Budget and Accounting Division,
M&B, APHIS, 4700 River Road Unit 54, Riverdale, MD 20737-1232, (301)
734-8351.
SUPPLEMENTARY INFORMATION:
Background
In an interim rule effective November 7, 1997, and published in the
Federal Register on November 14, 1997 (62 FR 61005-61007, Docket No.
96-089-1), we amended 9 CFR part 130 (the regulations) to provide that
user fees would not be charged for veterinary diagnostic services
listed in Secs. 130.14 through 130.18 in the following cases: (1) When
veterinary diagnostic services are provided in connection with Federal
programs to control or eradicate diseases or pests of animals in the
United States (program diseases) or in support of zoonotic disease
surveillance when there is a significant risk to human health; and (2)
when veterinary diagnostic reagents are distributed within the United
States for testing for foreign animal diseases. In addition, we
eliminated the user fee listed in Sec. 130.20(d) for export health
certificates that are requested and reviewed, but not endorsed.
Comments on the interim rule were required to be received on or
before January 13, 1998. We received one comment by that date. The
commenter supported the interim rule as written and requested a
clarification of the policy.
In the interim rule, we explained that veterinary diagnostics is
the work performed in a laboratory to determine if a disease-causing
organism or chemical agent is present in body tissues or cells and to
identify those organisms or agents. We also explained that we provide
veterinary diagnostic services in support of zoonotic disease
1 surveillance. Occasionally, there are zoonotic diseases
that pose a significant threat to human health, and a thorough
knowledge of the prevalence of the disease in animals will directly
benefit control of the disease in humans. In these cases, the cost of
the testing related to the zoonotic disease surveillance is covered by
appropriated funds.2 Therefore, we amended our regulations
to state that user fees are not charged for veterinary diagnostic
services provided in support of zoonotic disease surveillance when the
Administrator has determined that there is a significant threat to
human health (Sec. 130.49(a)(3)).
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\1\ Zoonotic diseases are those that affect both animals and
humans and are communicable from animals to humans. Examples of
zoonotic diseases are anthrax, brucellosis, leptospirosis, rabies,
salmonellosis, tuberculosis, and vesicular stomatitis.
\2\ At this time, salmonellosis is the only zoonotic disease
that falls into this category, and user fees are not charged for the
salmonella testing that will provide direct benefit to control of
disease in humans. User fees are charged for other salmonellosis
testing.
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The commenter requested a clarification of our user fee policy for
chemical agent testing by the Animal and Plant Health Inspection
Service. Specifically, the commenter asked whether user fees would be
waived for chemical residue testing in quality assurance programs or
when there is an accidental pesticide or other chemical contamination
of animals which could cause human illness.
Zoonotic diseases are caused by infectious agents, not chemical
agents. For this reason, chemical residue testing in quality assurance
programs would not be exempt from user fees. Likewise, toxicologic
tests conducted in response to an accidental pesticide or other
chemical contamination of animals would not be considered surveillance
for a zoonotic disease and would not be exempt from user fees.
Therefore, based on the rationale set forth in the interim rule and
in this document, we are affirming the provisions of the interim rule
as a final rule without change.
This action also affirms the information contained in the interim
rule concerning Executive Order 12866 and the Regulatory Flexibility
Act, Executive Orders 12372, and 12988, and the Paperwork Reduction
Act.
Further for this action, the Office of Management and Budget has
waived the review process required by Executive Order 12866.
List of Subjects in 9 CFR Part 130
Animals, Birds, Diagnostic reagents, Exports, Imports, Poultry and
poultry products, Quarantine, Reporting and recordkeeping requirements,
Tests.
PART 130--USER FEES
Accordingly, we are adopting as a final rule, without change, the
interim rule that amended 9 CFR part 130 and that was published at 62
FR 61005-61007 on November 14, 1997.
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, 134b, 134c, 134d, 134f, 135,
136, and 136a; 7 CFR 2.22, 2.80, and 371.2(d).
[[Page 18118]]
Done in Washington, DC, this 8th day of April 1998.
Charles P. Schwalbe,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-9789 Filed 4-13-98; 8:45 am]
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