95-12750. User FeesCommercial Aircraft and Vessels; Phytosanitary Certificates  

  • [Federal Register Volume 60, Number 100 (Wednesday, May 24, 1995)]
    [Proposed Rules]
    [Pages 27437-27441]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-12750]
    
    
    
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    DEPARTMENT OF AGRICULTURE
    7 CFR Part 354
    
    [Docket No. 94-074-1]
    RIN 0579-AA68
    
    
    User Fees--Commercial Aircraft and Vessels; Phytosanitary 
    Certificates
    
    AGENCY: Animal and Plant Health Inspection Service, USDA.
    ACTION: Proposed rule.
    
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    SUMMARY: We are proposing to amend the user fee regulations by lowering 
    the fees charged for certain agricultural quarantine and inspection 
    services we provide in connection with the arrival of an international 
    commercial aircraft at a port in the customs territory of the United 
    States. We are also proposing to amend the user fee regulations by 
    raising the fees charged for export certification of plants and plant 
    products. We have determined, based on a review of our user fees, that 
    the fees must be adjusted to reflect the actual cost of providing these 
    services. In addition, we are proposing to amend the user fee 
    regulations to clarify the exemption for certain vessels which sail 
    only between the United States and Canada.
    DATES: Consideration will be given only to comments received on or 
    before June 23, 1995.
    ADDRESSES: Please send an original and three copies of your comments to 
    Docket No. 94-074-1, Regulatory Analysis and Development, PPD, APHIS, 
    suite 3CO3, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please 
    state that your comments refer to Docket No. 94-074-1. Comments 
    received may be inspected at USDA, room 1141, South Building, 14th 
    Street and Independence Avenue SW., Washington, DC, between 8 a.m. and 
    4:30 p.m., Monday through Friday, except holidays.
    FOR FURTHER INFORMATION CONTACT: For information concerning program 
    operations, contact Mr. Don Thompson, Staff Officer, Port Operations, 
    PPQ, APHIS, 4700 River Road Unit 136, Riverdale, MD 20737-1236, (301) 
    734-8295.
        For information concerning rate development, contact Ms. Donna 
    Ford, PPQ User Fees Section Head, FSSB, BAD, APHIS, 4700 River Road 
    Unit 54, Riverdale, MD 20737-1232, (301) 734-5901.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        The regulations in 7 CFR 354.3 (referred to below as the 
    ``regulations'') contain provisions for the collection of user fees for 
    certain international services provided by the Animal and Plant Health 
    Inspection Service (APHIS). In this docket we are proposing to amend 2 
    user fees: (1) The user fee for servicing international commercial 
    aircraft arriving at ports in the customs territory of the United 
    States; and (2) the user fee for certifying plants and plant products 
    for export. We are also proposing to clarify the exemption from user 
    fees which applies to certain vessels which sail only between the 
    United States and Canada. Each amendment is discussed separately below.
    
    International Commercial Aircraft
    
        One service our user fees cover is the cost of agricultural 
    quarantine and inspection (AQI) services provided by APHIS in 
    connection with the arrival of an international commercial aircraft at 
    a port in the customs territory of the United States. (The customs 
    territory of the United States is defined in the regulations as the 50 
    States, the District of Columbia, and Puerto Rico.)
        The current user fee for international commercial aircraft became 
    effective on January 1, 1993, following the publication of an interim 
    rule in the Federal Register on December 31, 1992 (Docket No. 92-148-1, 
    57 FR 62468-62473). At that time the fee was set at $61.00. This fee 
    was later affirmed in a document published in the Federal Register on 
    November 9, 1993 (Docket No. 92-148-2, 58 FR 59354-59356).
        As we have stated in previous proposed and final regulations, we 
    intend to monitor our user fees and review them at least annually to 
    determine whether the fees should be adjusted. After reviewing the fees 
    that were collected in FY 1993 and FY 1994 and calculating our cost and 
    revenue projections for FY 1995, we have determined that the fee for 
    international commercial aircraft needs to be lowered from $61.00 to 
    $53.00 for each arrival. This is necessary to avoid collecting more 
    revenue than needed to cover the costs of the services we provide.
    
    Calculation of User Fees for Commercial Aircraft
    
        To calculate the adjusted user fees for commercial aircraft, we 
    determined the total projected cost of providing AQI services in FY 
    1995 for international commercial aircraft. The cost of providing these 
    services in FY 1993 and FY 1994 served as a basis for calculating our 
    projected FY 1995 costs. It is important to note that each year in the 
    budget process, Congress limits or specifies how much APHIS can 
    withdraw from the AQI User Fee Account. For FY 1993, APHIS was 
    authorized to spend $83.3 million. For FY 1994 we were authorized to 
    spend $91.6 million, plus $6.9 million to cover additional AQI program 
    needs.
        In FY 1992, APHIS established accounting procedures to segregate 
    AQI user fee program costs. We published a detailed description of 
    these procedures in the Federal Register on December 31, 1992 (57 FR 
    62469-62471), as part of a document (Docket No. 92-148-1) amending some 
    of our user fees.
        As part of our accounting procedures, we established distinct 
    accounting codes to record costs that can be directly related to each 
    inspection activity. At the State level and below, the following costs 
    are direct-charged to the AQI User Fee Account: Salaries and benefits 
    for inspectors and canine officers, supervisors (such as officers-in-
    charge) and clerical staff, user-fee-specific equipment, contracts, and 
    large supply items such as x-ray equipment or uniforms.
        Other costs that cannot be directly charged to individual accounts 
    are charged to ``distributable'' accounts established at the State 
    level. The following types of costs are charged to distributable 
    accounts: utilities, rent, telephone, vehicles, office supplies, etc. 
    The costs in these distributable accounts are prorated (or distributed) 
    among all the activities that benefit from the expense, based on the 
    ratio of the costs that are directly charged to each activity divided 
    by the total costs directly charged to each account at the field level. 
    For example, if a State office performs work on domestic programs, AQI 
    user fee programs, and AQI appropriated programs, the costs are 
    distributed among each program, based on the percentage of the direct 
    costs for that activity at the field level that is charged to that 
    activity. Costs incurred at the regional, headquarters program staff, 
    and agency-level support offices are also prorated to the separate AQI
    [[Page 27438]] activities based on the percentage of the costs that 
    were directly charged to each activity at the field level, as discussed 
    above.
        Under these accounting procedures, we calculated the total cost of 
    providing AQI services in FY 1993 and FY 1994 by determining the 
    amounts in each direct-charge account, then adding the pro rata share 
    of the distributable accounts maintained at the State, regional, 
    headquarters, and agency levels. In FY 1993, it cost APHIS 
    approximately $13.9 million to provide services to commercial aircraft; 
    in FY 1994 the cost was approximately $17.5 million.
        We projected that in FY 1995, it will cost APHIS a total of $18.9 
    million to provide inspection services for international commercial 
    aircraft. Of this total, $15.7 million is for program delivery costs, 
    which are costs incurred at the State level and below. The total also 
    includes $1.7 million for a pro rata share of the program direction and 
    support costs, as explained above, which include items at the regional 
    and headquarters program staff levels. Finally, the total includes $1.5 
    million for a pro rata share of agency-level support costs, as 
    discussed above, which include activities that support the entire 
    agency, such as recruitment and development, legislative and public 
    affairs, regulations development, regulatory enforcement, budget and 
    accounting services, and payroll and purchasing services. The 
    exceptions are costs for billing and collection services, legal 
    counsel, and rate development services. These costs are directly 
    related to user fee activities, so these costs are directly added to 
    the user fee activities they support and are not included in the 
    proration of agency-level costs.
        For the commercial aircraft user fee, we also have the authority to 
    include an amount that would provide for a reasonable reserve balance 
    in the AQI User Fee Account (referred to below as ``the Account''). We 
    defined a ``reasonable reserve balance'' as equal to 3 months' normal 
    operating expenses. We have now accumulated a reserve balance equal to 
    this amount in the Account for international aircraft. Therefore, the 
    reserve component of this user fee would be eliminated in our proposed 
    fee adjustments.
    
    Volumes
    
        We estimated the annual number of international commercial aircraft 
    that would be subject to inspection. The estimates, which were based on 
    our FY 1993 and FY 1994 collection history, were then used as a basis 
    for projecting activity volumes for FY 1995.
        A total of 357,442 commercial aircraft were subject to inspection 
    during FY 1993. During FY 1993, we revised the aircraft clearance fee 
    from $76.75 per arrival to $61.00 per arrival. The decrease became 
    effective for all aircraft arriving in the United States on or after 
    January 1, 1993. To arrive at the FY 1993 volume for aircraft, we 
    divided the first quarter collections (October 1 through December 31, 
    1992) of $6,187,047.75 by $76.75, the per arrival fee, for a total 
    first quarter volume of 80,613. We divided the 3 remaining quarter 
    collections of $16,886,569.00 by $61.00, the revised per arrival fee, 
    for a volume total of 276,829 for the remainder of the fiscal year. 
    This produced a total FY 1993 volume of 357,442. Our FY 1994, volume 
    projection is 350,293. To arrive at the FY 1994 volume for aircraft, we 
    divided our projected FY 1994 collections of $21,367,873.00 by $61.00, 
    the per arrival fee, for a volume total of 350,293. While the actual 
    volume went down in FY 1994, we do not expect that to happen again in 
    FY 1995. In fact, in FY 1995 we are projecting a modest volume increase 
    of 2 percent. Therefore, we applied a 2 percent increase to the FY 1994 
    volume of 350,293 to arrive at a projected FY 1995 commercial aircraft 
    volume of 357,299.
    
    Fee Adjustments and Rounding of Fees
    
        In calculating the adjusted user fees, our final step was to divide 
    the sum of the cost of providing service by the projected number of 
    international commercial aircraft subject to inspection, thereby 
    arriving at a ``raw'' fee.
        For the commercial aircraft user fee, the raw fee was $52.99; 
    rounding this fee up to the nearest quarter yields a fee of $53.00. 
    Rounding up ensures that the fee would be easy to calculate and 
    collect. The lower fee of $53.00 would be sufficient to recover the 
    full cost of providing aircraft inspection services, without collecting 
    more revenue than needed to cover the costs of the services provided.
    
    Commercial Vessels
    
        Another AQI service we offer is inspection of commercial vessels of 
    100 net tons or more. Certain categories of commercial vessels are 
    exempt from paying APHIS user fees under the current regulations. Among 
    those is ``any vessel which sails only between United States and 
    Canadian ports'' (see current Sec. 354.3(b)(2)(vi)).
        The United States Customs Service (Customs), U.S. Department of the 
    Treasury, collects APHIS user fees and remits them to us. Customs has 
    requested that we amend our regulations to make it easier for them to 
    determine which vessels are exempt from our fees.
        Under our regulations, certain vessels are exempt from paying APHIS 
    user fees. Customs must determine, when reviewing the paperwork 
    presented for each arriving vessels, which vessels are exempt. In order 
    to ensure that they have the necessary information to make this 
    determination, Customs has requested that we amend Sec. 354.3(b)(2)(vi) 
    of our regulations to require Masters of vessels in the United States-
    Canada trade arriving from Canada to certify, in the ``Remarks'' block 
    of the General Declaration, Customs Form 1301, that the vessel has 
    sailed solely between the United States and Canada for the previous 2 
    years.
        The proposed certification would be placed in a document which 
    vessels arriving in the United States are required, under Customs 
    regulations in 19 CFR 4.7, to present to the Customs official on duty 
    at the port of arrival. In addition to helping Customs to more 
    accurately and efficiently collect APHIS user fees, the proposed 
    requirement would also clarify that vessels which ``sail only between 
    United States and Canada ports'' are vessels which have done so for at 
    least the previous 2 years. The 2-year restriction is necessary to 
    ensure that pests and regulated articles brought on board the vessel at 
    ports outside Canada or the United States no longer pose a pest or 
    disease risk. This requirement is identical to requirements in our 
    regulations concerning the handling and disposal of garbage from places 
    outside the United States (see 7 CFR 330.400 and 9 CFR 95.4).
    
    Phytosanitary Certificates
    
        In addition to AQI services, our user fees also cover the issuance 
    of phytosanitary certificates for the export of plants and plant 
    products. Phytosanitary certificates are issued in accordance with 7 
    U.S.C. 147a and regulations in 7 CFR part 353. These documents certify 
    agricultural products as being free from plant pests, according to the 
    phytosanitary requirements of the foreign countries to which the plants 
    or plant products may be exported, or to the freedom from exposure to 
    plant pests while in transit through the United States. These 
    certificates must be issued in accordance with 7 CFR part 353 to be 
    accepted in international commerce.
        The user fees for some phytosanitary certificates issued by APHIS 
    became effective on March 17, 1993, upon publication of a final rule in 
    the Federal Register on March 17, 1993 (Docket 92- [[Page 27439]] 088-
    2, 58 FR 14305-14307). The user fees for other phytosanitary 
    certificates issued by APHIS became effective on February 9, 1992, 
    following the publication of a final rule in the Federal Register on 
    January 9, 1992 (Docket No. 91-135, 57 FR 755-773). The fees were set 
    at: (1) $30.00 for a certificate for a commercial shipment; (2) $19.00 
    for a certificate for certain low-value commercial shipments; (3) 
    $19.00 for a certificate for a non-commercial shipment; (4) $30.00 for 
    a certificate for reexport of a commercial shipment; (5) $19.00 for a 
    certificate for reexport of certain low value commercial shipments; (6) 
    $30.00 for a processed product certificate for a commercial shipment; 
    (7) $6.00 for reissuing any certificate or certificate for reexport 
    (see current 7 CFR 354.3(g)(5)). In addition, there is a $6.00 user fee 
    for processing unissued phytosanitary certificates of all types (see 7 
    CFR 354.3(h)).
        After reviewing the fees for phytosanitary certificates that were 
    collected in FY 1993 and FY 1994 and calculating our cost and revenue 
    projections for FY 1995, we have determined that, for the reasons 
    discussed below, the fees need to be adjusted in order to recover the 
    full cost of providing services. Therefore, we are proposing to raise 
    our user fees for phytosanitary certificates as follows: (1) to $50.00 
    for a certificate for a commercial shipment; (2) to $23.00 for a 
    certificate for certain low-value commercial shipments; (3) to $23.00 
    for a certificate for a non-commercial shipment; (4) to $50.00 for a 
    certificate for reexport of a commercial shipment; (5) to $23.00 for a 
    certificate for reexport of certain low value commercial shipments; (6) 
    to $50.00 for a processed product certificate for a commercial 
    shipment; (7) to $7.00 for reissuing any certificate or certificate for 
    reexport. In addition, we are proposing to raise the user fee for 
    processing unissued phytosanitary certificates of all types to $7.00.
    
    Calculation of User Fees for Phytosanitary Certificates
    
        To calculate the adjusted user fees for phytosanitary certificates, 
    we determined the total projected cost of providing phytosanitary 
    certificate services in FY 1995. The cost of providing these services 
    in FY 1993 and FY 1994 served as a basis for calculating our projected 
    FY 1995 costs.
        In FY 1992, APHIS established accounting procedures to segregate 
    phytosanitary certificate-related costs. We established distinct 
    accounting codes to record costs that can be directly related to this 
    activity. At the State level and below, the following costs are charged 
    directly to the phytosanitary certificate user fee account: salaries 
    and benefits for inspectors, supervisors (such as officers-in-charge) 
    and clerical staff, user-fee-specific equipment, contracts, and large 
    supply items such as uniforms.
        Other costs that cannot be directly charged to individual accounts 
    are charged to ``distributable'' accounts established at the State 
    level. The following types of costs are charged to distributable 
    accounts: utilities, rent, telephone, vehicles, office supplies, etc. 
    The costs in these distributable accounts are prorated (or distributed) 
    among all the activities that benefit from the expense, based on the 
    ratio of the costs that are directly charged to each activity divided 
    by the total costs directly charged to each account at the field level. 
    For example, if a State office performs work on domestic programs and 
    phytosanitary certificate programs, the costs are distributed among 
    each program, based on the percentage of the direct costs for that 
    activity at the field level that is charged to that activity. Costs 
    incurred at the regional, headquarters program staff, and agency-level 
    support offices are also prorated to the separate phytosanitary 
    certificate-related activities, based on the percentage of the costs 
    that were directly charged to each activity at the field level, as 
    discussed above.
        Under these accounting procedures, we calculated the total cost of 
    providing phytosanitary certificate services in FY 1993 and FY 1994 by 
    determining the amounts in each direct-charge account, then adding the 
    pro rata share of the distributable accounts maintained at the State, 
    regional, headquarters, and agency levels. In FY 1993, it cost APHIS 
    approximately $3.5 million to issue phytosanitary certificates, and it 
    cost APHIS approximately $4.1 million in FY 1994. We project our FY 
    1995 costs to be $4.6 million. Of this total, $3.83 million is for 
    program delivery costs, which are costs incurred at the State level and 
    below. The total also includes $389,000 for a pro rata share of the 
    program direction and support costs, as explained above, which include 
    items at the regional and headquarters program staff levels. Finally, 
    the total includes $384,000 for a pro rata share of agency-level 
    support costs, as discussed above, which include activities that 
    support the entire agency, such as recruitment and development, 
    legislative and public affairs, regulations development, regulatory 
    enforcement, budget and accounting services, and payroll and purchasing 
    services. The exceptions are costs for billing and collection services, 
    legal counsel, and rate development services. These costs are directly 
    related to user fee activities, so these costs are directly added to 
    the user fee activities they support and are not included in the 
    proration of agency-level costs.
        To calculate the adjusted user fees for phytosanitary certificates, 
    we determined the total projected cost of issuing phytosanitary 
    certificates in FY 1995, based on our costs to provide these services 
    in FY 1993 and FY 1994.
        Under our accounting procedures, we calculated the total cost of 
    issuing phytosanitary certificates in FY 1993 by determining the amount 
    in each direct-charge account, then adding the prorata share of the 
    distributable accounts maintained at the State, regional, headquarters, 
    and agency levels.
        We then used a weighted average method to develop the rate for each 
    type of phytosanitary certificate. The average time to complete each 
    type of certificate was calculated. Each type of phytosanitary 
    certificate fee was assigned a weighted value. This was done by 
    comparing the time value for each certificate type relative to the time 
    value for commercial certificates. The time value of commercial 
    certificates was 2.45. This was weighted 1.00 (2.45/2.45). Non-
    commercial certificates were given a value of 0.46 (1.13/2.45), and 
    reissued certificates were given a value of 0.14 (0.35/2.45).
        We then applied the weighted values to our volume estimates for FY 
    1995 to determine the weighted transaction amounts. The total number of 
    transactions for each category was then added and divided into the 
    total program cost. In this way we arrived at an average per inspection 
    cost of $49.84. We multiplied the average per inspection cost by the 
    activity weight. This produced the weighted average cost for each type 
    of certificate. The raw fees calculated using this method were: $49.84 
    for commercial phytosanitary certificates; $22.76 for non-commercial 
    phytosanitary certificates; and $7.05 for reissued and returned 
    phytosanitary certificates. We then rounded the raw fees for commercial 
    and non-commercial certificates up to the nearest quarter, for final 
    fees of $50.00 and $23.00. Due to the small number of reissued and 
    returned certificates which we process, and in order to make collecting 
    fees easier, we rounded the raw fee for these certificates down for a 
    final fee of $7.00.
    
    Executive Order 12866 and Regulatory Flexibility Act
    
        This rule has been reviewed under Executive Order 12866. The rule 
    has been determined to be significant for the [[Page 27440]] purposes 
    of Executive Order 12866 and, therefore, has been reviewed by the 
    Office of Management and Budget.
        This proposed rule, if adopted, would increase the user fees for 
    phytosanitary certificates to recover the cost to APHIS of providing 
    export certification services for plants and plant products. This 
    proposed rule, if adopted, would also reduce the user fee for 
    international commercial aircraft to correspond with the cost to APHIS 
    of providing services. Amendments to user fees are necessary to adjust 
    for changes in service volume and in costs.
        Federal phytosanitary certificates are issued in accordance with 
    the International Plant Protection Convention. They certify that 
    agricultural products moving between countries are free from injurious 
    insects and diseases. These certificates must be issued by APHIS to be 
    accepted in international commerce, and must accompany the majority of 
    agricultural commodities (except livestock products) traded. Traded 
    commodities generally include cereals and grains (such as soybeans, 
    wheat, and corn), fruit and vegetables, and other horticultural 
    products. In 1993, the value of exported agricultural products 
    requiring phytosanitary certificates was estimated at $3 billion.
        Current user fees for phytosanitary certificates do not fully 
    recover APHIS's costs for services performed. In the past fiscal year, 
    the total cost of providing phytosanitary certificate services was 
    $3,487,347, while total fee collections amounted only to $2,875,716. 
    The reason for the discrepancy is that we overestimated the number of 
    certificates that would be issued, thereby underestimating the cost of 
    issuing each certificate. The total program cost for the 1994-1995 
    fiscal year, which we must recover through user fees, is estimated at 
    $4,643,385. This amount includes costs associated with program 
    delivery, program direction and support, agency support, departmental 
    charges, and Office of the General Counsel services. If the proposed 
    fee increases are adopted, estimated collections would rise to 
    $4,717,947.
        Exporters of agricultural commodities would be affected by this 
    rule. The Regulatory Flexibility Act requires APHIS to address the 
    economic impact of imposing user fees on ``small'' entities. The Small 
    Business Administration (SBA) criteria for a small wholesale business 
    engaged in the trading of fresh fruits and vegetables is that the 
    business have 100 or fewer employees. SBA criteria for a small crop 
    production business is that it have annual revenues up to $500,000.
        Approximately 90,000 phytosanitary certificates were issued in 
    1993. Certificates for commercial shipments are issued to wholesale 
    businesses engaged in the trading of fresh fruits and vegetables, and 
    to crop production businesses. Certificates are also issued to export 
    brokers who handle shipments of produce from various sources. The 
    proportion of exporters in this group which may qualify as small is 
    unknown. It is likely that a large number of these brokers employ fewer 
    than 100 workers.
        In general, the value of an average commercial shipment is likely 
    to be well over the proposed $50 user fee. Given that the total value 
    of agricultural products requiring phytosanitary certificates exported 
    in 1993, estimated at $3 billion, is much larger in magnitude than the 
    $4.7 million in total user fee collection, any impact on U.S. 
    producers/exporters is expected to be small.
        Phytosanitary certificates for noncommercial exporters are 
    generally issued to individuals and to exporters of low value 
    commodities. The user fee for this category of phytosanitary 
    certificate is proposed to increase from $19 to $23, an increase of 21 
    percent. Although user fees represent a proportionately larger share of 
    the total value of noncommercial and low-value exports, these small 
    exports may possess a much higher value in the foreign country than in 
    the United States. Moveover, exports by individuals may be gift items 
    with nonmonetary values offsetting some of the impact of the fee 
    increase.
        SBA criteria for a small airline is that it have 1,500 or fewer 
    employees. Data from the 1988 Census indicates that there were 67 
    domestic and international airline operators employing a total of 
    481,000 employees. Although the size distribution of air carriers that 
    enter the customs territory of the United States is unknown, the impact 
    of the proposed user fee change, regardless of carrier size, is 
    positive--we are proposing a 13 percent user fee reduction, from $61 to 
    $53 per aircraft. The lower fee is sufficient to recover the full cost 
    of providing aircraft inspection services, without collecting more 
    revenue than needed to recover costs. The estimated cost to provide 
    inspection services for international commercial aircraft in FY 1995 is 
    $18.9 million. At the proposed user fee of $53 per aircraft and a 
    projected FY 1995 commercial aircraft volume of 357,299, total 
    collections would amount to $18.9 million.
        Under these circumstances, the Administrator of the Animal and 
    Plant Health Inspection Service has determined that this action would 
    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 12778
    
        This proposed rule has been reviewed under Executive Order 12778, 
    Civil Justice Reform. If this proposed rule is adopted: (1) All State 
    and local laws and regulations that are inconsistent with this rule 
    will be preempted; (2) no retroactive effect will be given to this 
    rule; and (3) administrative proceedings will not be required before 
    parties may file suit in court challenging this rule.
    
    Paperwork Reduction Act
    
        In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. 
    3501 et seq.), the information collection or recordkeeping requirements 
    included in this proposed rule have been approved by the Office of 
    Management and Budget (OMB), and there are no new requirements. The 
    assigned OMB control number is 1515-00-62.
    
    List of Subjects in 7 CFR Part 354
    
        Exports, Government employees, Imports, Plant diseases and pests, 
    Quarantine, Reporting and recordkeeping requirements, Travel and 
    transportation expenses.
    
        Accordingly, 7 CFR part 354 would be amended as follows:
    
    PART 354--OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND 
    USER FEES
    
        1. The authority citation for part 354 would continue to read as 
    follows:
    
        Authority: 7 U.S.C. 2260; 21 U.S.C. 136 and 136a; 49 U.S.C. 
    1741; 7 CFR 2.17, 2.51, and 371.2(c).
    
        2. Section 354.3 would be amended as follows:
        a. By revising paragraph (b)(2)(vi) to read as set forth below.
        b. In paragraph (e)(1), the last sentence, by removing ``$61'' and 
    adding ``$53'' in its place.
        c. In paragraph (g)(5)(i)(A), by removing ``$30'' and adding 
    ``$50'' in its place.
        d. In paragraph (g)(5)(i)(B), by removing ``$19'' and adding 
    ``$23'' in its place.
        e. In paragraph (g)(5)(ii), by removing ``$19'' and adding ``$23'' 
    in its place. [[Page 27441]] 
        f. In paragraph (g)(5)(iii)(A), by removing ``$30'' and adding 
    ``$50'' in its place.
        g. In paragraph (g)(5)(iii)(B), by removing ``$19'' and adding 
    ``$23'' in its place.
        h. In paragraph (g)(5)(iv), by removing ``$30'' and adding ``$50'' 
    in its place.
        i. In paragraph (g)(5)(v), by removing ``$6'' and adding ``$7'' in 
    its place.
        j. In paragraph (h)(2), by removing ``$6'' and adding ``$7'' in its 
    place.
    
    
    Sec. 354.3  User fees for certain international services.
    
    * * * * *
        (b)(2)(vi) Any vessel which sails only between United States and 
    Canadian ports, when the Master of such vessel arriving from Canada 
    certifies, in the ``Remarks'' block of the General Declaration, Customs 
    Form 1301, that the vessel has sailed solely between the United States 
    and Canada for the previous 2 years.
    
    (Approved by the Office of Management and Budget under control 
    number 1515-00-62).
    * * * * *
        Done in Washington, DC, this 19th day of May 1995.
    Terry L. Medley,
    Acting Administrator, Animal and Plant Health Inspection Service.
    [FR Doc. 95-12750 Filed 5-23-95; 8:45 am]
    BILLING CODE 3410-34-P
    
    

Document Information

Published:
05/24/1995
Department:
Agriculture Department
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
95-12750
Dates:
Consideration will be given only to comments received on or before June 23, 1995.
Pages:
27437-27441 (5 pages)
Docket Numbers:
Docket No. 94-074-1
RINs:
0579-AA68: User Fees--Commercial Aircraft and Vessels; Phytosanitary Certificates
RIN Links:
https://www.federalregister.gov/regulations/0579-AA68/user-fees-commercial-aircraft-and-vessels-phytosanitary-certificates
PDF File:
95-12750.pdf
CFR: (1)
7 CFR 354.3