[Federal Register Volume 64, Number 184 (Thursday, September 23, 1999)]
[Rules and Regulations]
[Pages 51421-51422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24817]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 64, No. 184 / Thursday, September 23, 1999 /
Rules and Regulations
[[Page 51421]]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 130
[Docket No. 98-006-2]
Veterinary Services User Fees; Import or Entry Services at Ports
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending existing user fees for import- or entry-
related services provided for animals presented at airports, ocean
ports, and rail ports. User fees for these services were set at a flat
rate. We are replacing the flat rate user fee with hourly rate user
fees. This action will ensure that the user fees collected are adequate
for the services that are provided.
EFFECTIVE DATE: October 25, 1999.
FOR FURTHER INFORMATION CONTACT:
For information concerning services provided for live animals, contact
Dr. Morley Cook, Senior Staff Veterinarian, National Animal Programs
Staff, Center for Import and Export, VS, APHIS, 4700 River Road Unit
38, Riverdale, MD 20737-1231; (301) 734-8364.
For information concerning rate development of the 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
User fees to reimburse the Animal and Plant Health Inspection
Service (APHS) for the costs of providing import- and entry-related
services for animals, birds, and animal products are contained in 9 CFR
part 130 (referred to below as the regulations).
Section 130.6 lists the user fees for import- or entry-related
services provided at land borders ports along the United States-Mexico
border. The services provided at these ports include inspecting and
processing imported animals and authorizing services for animals
transiting the United States. Section 130.7 lists the user fees charged
for import- or entry-belted services for animals presented at any port
of entry other than a land border port along the United States-Mexico
border. These ports of entry include airports, ocean ports, and rail
ports and land border ports along the United States-Canada border.
Section 130.9 lists the hourly rate user fees for miscellaneous import
or entry services.
The flat rate user fees listed in Secs. 130.6 and 130.7 of the
regulations were based on our experience with activities at land border
ports along the United States-Canada and United States-Mexico borders.
These flat rate user fees were calculated as a nationwide average for
the costs involved in performing import- or entry-related services for
animals. We believe that these user fees are still appropriate for
import- or entry-related services for animals. We believe that these
user fees are still appropriate for import- or entry-related services
for animals at land border ports along the United States-Canada and
United States-Mexico borders.
On May 28, 1999, we published a proposal in the Federal Register
(64 FR 28942-28944, Docket No. 98-006-1) to amend existing user fees
for import- or entry-related services provided for animals presented at
air, ocean, and rail ports by charging our current hourly rate user fee
of $50 per hour ($14 per quarter hour, with a minimum fee of $16.50) as
listed in Sec. 130.9 of the regulations. However, we proposed that our
premium rate user fee, as set forth in the Sec. 130.50, would apply for
services provided by an APHIS employee on Sunday, holidays, or any time
outside the normal tour of duty of the employee. The proposed action
was taken to ensure that the user fees collected at airport, ocean
ports, and rail ports are adequate for the services provided.
We solicited comments concerning our proposal for 60 days ending
July 27, 1999. We received one comment by that date. The comment was
from an exporter. The commenter did not object to the proposal;
however, the commenter stated that we should consider changing,
reducing, or eliminating export user fees. This comment is beyond the
scope of this rulemaking; therefore, we are not amending the rule based
on the comment. However, if we decide to make any changes to our
regulations concerning export user fees, we will publish another
document in the Federal Register for public comment.
Miscellaneous
We have made a minor, nonsubstantive change by changing all
references to ``air, ocean, and rail ports'' to ``airports, ocean
ports, and rail ports.'' We believe this change will clearly indicate
that hourly rate user fees apply for import- or entry-related services
provided for animals presented at any airport, ocean port, or rail
port.
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, with the
change discussed in this document Executive Order 12866 and Regulatory
Flexibility Act.
This rule has been reviewed under Executive Order 12866. This 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.
We are amending existing user fees for import- or entry-related
services provided for animals presented at airports, ocean ports, and
rail ports. User fees for these ports were set at a flat rate. We are
replacing the flat user fee with hourly rate user fees.
Based on this rule, the user fees for shipments that involve large
numbers of animals could decline because the user fees will be based on
the time necessary to provide the services rather than the size of the
shipment. For shipments that involve small numbers of animals, the user
fees could increase or decrease, depending upon the type of animals,
the number of animals in the shipment, the amount of time required to
provide the required services, and the time of arrival. In the past,
after-hours arrivals at airports, ocean ports, and rail ports were
subject to reimbursable overtime in addition to the flat rate user fee.
However, under this rule, after-hours arrivals will be subject to the
premium hourly rate user fee.
[[Page 51422]]
Any entity that uses APHIS' services that are subject to user fees
may be affected by this rule. The entities who will be most affected by
this rule are importers. The Small Business Administration's criteria
for a small entity engaged in importing and exporting live animals,
poultry, and birds is one whose total sales are less than $5 million
annually. However, the number of entities who specifically trade in
live animals and who would qualify as a small entity under this
definition cannot be determined. Data from the Bureau of Census show
that in 1995 the majority of agricultural entities who dealt in grade
animals can be considered small, except those entities who dealt
exclusively in purebred or registered animals.
The degree to which an entity could be affected by changes in user
fees depends on its market power or the ability to which costs could be
absorbed or passed on to buyers. Without information on either profit
margins or operational expenses of the affected entities \1\ or the
supply responsiveness of the affected industry,\2\ the scale of
economic effects cannot be precisely predicted.
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\1\ Profits of sales of small entities are proprietary in nature
and are not a part of the public record.
\2\ The measurement of supply responsiveness would provide
information on the likely effect on an entity's production due to
changes in operating costs.
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This rule should have a minimal effect on large and small
importers. As previously indicated, the total hourly user fees
collected should not be significantly different from the total flat
rate user fees that have been previously collected for the same
services. For those entities who do experience a change in the fee
amount, the economic effect 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 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 not
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 will 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. 130.7, the section heading and the introductory text in
paragraph (a) are revised to read as follows:
Sec. 130.7 User fees for import or entry services for live animals at
land border ports along the United States-Canada border.
(a) User fees, with a minimum fee of $16.50, for live animals
presented for importation into or entry into the United States through
a land border port along the United States-Canada border, are listed in
the following table. The person for whom the service is provided and
the person requesting the service are jointly and severally liable for
payment for these user fees in accordance with Secs. 130.50 and 130.51.
* * * * *
3. Section 130.9 is revised to read as follows:
Sec. 130.9 Hourly user fees for import or entry services.
(a) User fees for import and entry services listed in paragraphs
(a)(1) through (a)(5) of this section will be calculated at $56.00 per
hour, or $14.00 per quarter hour, with a minimum fee for $16.50, for
each employee required to perform the service. The person for whom the
service is provided and the person requesting the service are jointly
and severally liable for payment of these user fees in accordance with
Secs. 130.50 and 130.51.
(1) Services provided to live animals for import or entry at
airports, ocean ports, and rail ports;
(2) Conducting inspections, including laboratory and facility
inspections, required to obtain permits either to import animal
products, organisms and vectors, or to maintain compliance with import
permits;
(3) Obtaining samples required to be tested either to obtain import
permits or to ensure compliance with import permits;
(4) Supervising the opening of in-bond shipments; and
(5) Other import or entry services not specified elsewhere in this
part.
(b) [Reserved]
(Approved by the Office of Management and Budget under control
numbers 0579-0055 and 0579-0094)
Done in Washington, DC, this 17th day of September 1999.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-24817 Filed 9-22-99; 8:45 am]
BILLING CODE 3410-34-M
