FR Doc 03-22141

[Federal Register: August 29, 2003 (Volume 68, Number 168)]
[Rules and Regulations]
[Page 51878-51887]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29au03-3]

[[Page 51878]]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 354

9 CFR Parts 97 and 130

[Docket No. 02-040-2]

Veterinary Services User Fees; Fees for Endorsing Export
Certificates for Ruminants

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the user fees for endorsing export health
certificates by establishing a separate user fee that covers the cost
of endorsing certificates that do not require verification of tests or
vaccinations for ruminants. We are making this change to ensure that we
recover all of the costs associated with providing that service. We are
also making several miscellaneous changes to clarify the existing
regulations.

EFFECTIVE DATE: October 1, 2003.

FOR FURTHER INFORMATION CONTACT: For information concerning program
operations, contact Ms. Inez Hockaday, Director, Management Support
Staff, VS, APHIS, 4700 River Road, Unit 44, Riverdale, MD 20737-1231;
(301) 734-7517.
For information concerning rate development, contact Ms. Kris
Caraher, Accountant, User Fee Section, Financial Management Division,
APHIS, 4700 River Road, Unit 54, Riverdale, MD 20737-1231; (301) 734-
5901.

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- and export-related services for animals, animal
products, birds, germ plasm, organisms, and vectors are contained in 9
CFR part 130. Section 130.20 lists user fees we charge for endorsing
health certificates for animals, birds, or animal or nonanimal products
exported from the United States.
On March 21, 2003, we published a proposal in the Federal Register
(68 FR 13861-13872, Docket No. 02-040-1) to establish a new certificate
category and user fee that would cover all of the costs associated with
endorsing export health certificates that do not require verification
of tests or vaccinations for ruminants, except for ruminants exported
for slaughter to Mexico or Canada, which would continue to be covered
by a separate category. In that document, we also proposed to make
several miscellaneous changes to clarify the existing regulations.
We solicited comments concerning our proposal for 60 days ending
May 20, 2003. We received two comments by that date. They were from a
representative of a State government and a private citizen. They are
discussed below.
One commenter stated that he or she was opposed to the new user
fees based on his or her dissatisfaction with APHIS in general, but did
not offer any specific information regarding user fees to which we
could respond. Another commenter also stated that he or she was opposed
to the new user fees and, moreover, the application of any user fee for
export-related services, because he or she believes that those fees
reduce the competitiveness of United States livestock in international
trade. That commenter urged APHIS to seek funding from Congress to meet
the needs of Veterinary Services without the use of user fees.
In response to that comment, we note that APHIS has received no
directly appropriated funds to provide import- and export-related
services for animals, animal products, birds, germ plasm, organisms,
and vectors since fiscal year (FY) 1992. Rather, the Food, Agriculture,
Conservation, and Trade Act of 1990 authorized the United States
Department of Agriculture to prescribe and collect user fees for those
services. Therefore, to continue to provide those services, we must
recover our costs from the customers who benefit from them. As our
costs increase, we must increase our user fees. We realize that any
increase in user fees will increase the up-front cost of doing business
for exporters. However, we do not anticipate that exports will decline
significantly as a result of the new user fees set forth in this final
rule. As discussed below under the heading ``Executive Order 12866 and
Regulatory Flexibility Act,'' the increase in user fees represents a
small amount of the average export value of cattle and is small
compared to the total value of livestock usually included on a single
health certificate, as most certificates are issued for more than one
animal and the new user fee will apply to a single certificate,
regardless of the number of animals covered.
Our proposal concerned the establishment of a specific user fee,
not the administration of our user fee program in general or the
allocation of tax dollars for our export-related services. As a result,
we are not making any changes to the rule in response to those
comments. However, we are making two changes in this document to
correct errors contained in our proposal. In Sec. 130.20, the table in
paragraph (b) lists user fees we charge to endorse export health
certificates that require verification of tests or vaccinations. When
we set out that table in our proposal, we inadvertently omitted the row
of user fees for certificates that require verification of 1-2 tests or
vaccinations for nonslaughter horses exported to Canada. We did not
intend to remove that row of user fees. Therefore, we have restored the
correct user fees for that service in this final rule. Furthermore,
when we set out the table in Sec. 130.20(a) in our proposal, we
inadvertently omitted part of the title for the new user fee category
we are establishing in this final rule. Therefore, we have set out the
complete title for this category in this document, which is
``Ruminants, except slaughter animals moving to Canada or Mexico.''
In addition, we are also making several miscellaneous changes in
this document to clarify the existing regulations. In our proposal, we
proposed to amend the user fee tables in 7 CFR part 354 and 9 CFR parts
97 and 130 by removing columns that list fees for fiscal years 2001 and
2002. Because this final rule will take effect on the first day of
fiscal year 2004 (October 1, 2003), we are also amending the tables in
7 CFR part 354 and 9 CFR parts 97 and 130 by removing the columns that
list fees for fiscal year 2003.
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
changes discussed in this document.

Executive Order 12866 and Regulatory Flexibility Act

This 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.
APHIS charges flat-rate user fees to individuals, firms,
corporations, and other entities for the endorsement of export health
certificates for animals, birds, or animal or nonanimal products. These
user fees vary, depending on whether or not the importing country
requires verification of tests and the type and quantity of animals,
birds, or products covered by the certificate. There is one user fee
schedule for certificates that require verification of tests or
vaccinations and another

[[Page 51879]]

schedule for certificates that do not require such verification.
Certifications for ruminants that do not require verification of
tests or vaccinations, other than certifications for slaughter
ruminants exported to Mexico or Canada, have been covered by a
miscellaneous ``catchall'' user fee certificate category. (Ruminants
exported to Mexico and Canada for slaughter are covered by a separate
user fee that includes all slaughter animals, except poultry, exported
to those two countries). Based on our review of the costs associated
with endorsing export health certificates, we have determined that the
user fee charged for the miscellaneous certificate category does not
cover all of our costs to endorse such certificates for ruminants. As a
result, we are establishing a new certificate category and user fee for
that service, which will increase the amount charged to endorse
certificates that do not require verification of tests or vaccinations
for ruminants, except slaughter ruminants exported to Mexico or Canada.
Under the miscellaneous user fee category, the fiscal year 2004 user
fee will be $24 for each endorsement; under the new certificate
category, the user charged for each endorsement will be $33, an
increase of $9. We are making this change to ensure that we recover our
costs for providing that service, which include direct labor costs,
administrative support costs, billing and collection costs, Agency
overhead, departmental charges, and a reserve component.
This final rule will affect entities that export ruminants, other
than slaughter ruminants exported to Mexico or Canada, to countries
that do not require that export health certificates include
verification of tests or vaccinations. Because entities who export
ruminants to Mexico or Canada for immediate slaughter are covered by a
separate user fee category, such entities will not be affected by this
final rule. Whether or not an importing country requires verification
of tests or vaccinations for ruminants depends upon such factors as the
type of animal exported, the time of year exportation occurs, and the
health status of an animal's herd or State of origin. A representative
overview of countries that import ruminants from the United States
(including Brazil, Canada, China, the Dominican Republic, Japan,
Mexico, Nicaragua, the Philippines, and Turkey) indicates that most
countries require that export health certificates include verification
of testing or vaccinations for ruminants.\1\ For example, importing
countries almost always require U.S.-origin ruminants to be tested for
brucellosis and tuberculosis, and frequently require those animals to
be tested for such diseases as anaplasmosis, bluetongue, Johne's
disease, leptospirosis, and vesicular stomatitis, among others.
However, two countries, Mexico and Canada, do not currently require
verification of tests or vaccinations for some cattle, sheep, and
goats, under certain conditions.
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\1\ Import health requirements of foreign countries, including
required certification statements and testing, may be found on the
Internet at http://www.aphis.usda.gov/vs/ncie/iregs/animals/.
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As shown in table 1, below, trade statistics indicate that the
majority of U.S.-origin cattle, sheep, and goats are exported to Mexico
and Canada. For example, 56.6 percent of purebred cattle, 99.6 percent
of not purebred cattle, 99.5 percent of sheep, and 82.3 percent of
goats exported from the United States during 1999-2001 were shipped to
Mexico or Canada. Of those animals listed in table 1, animals
categorized as ``not purebred cattle'' (which include feeder cattle,
cattle exported for immediate slaughter, and other not purebred cattle)
comprise the single largest category, accounting for 83 percent of the
total number of cattle, sheep, and goats exported from the United
States during 1999-2001.

Table 1.--Value of U.S. Exports of Cattle, Sheep, and Goats to Mexico, Canada, and the Rest of the World (Dollar
Amounts and Percentage Shares of Each Livestock Category as Annual Averages for 1999-2001)
----------------------------------------------------------------------------------------------------------------
Mexico Canada Rest of the world
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Purebred cattle.................. $9.86 million $2.39 million $9.39 million (43.4%)
(45.8%). (10.8%).
Not purebred cattle.............. 70.77 million 145.74 million 718,000 million (0.4%)
(32.4%). (67.2%).
Sheep............................ 18.00 million 391,000 (2.1%)...... 85,000 (0.5%)
(97.4%).
Goats............................ 1.95 million (74.2%) 206,000 (8.1%)...... 487,000 (17.7%)
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Source: World Trade Atlas, based on U.S. Census data.

Because Mexico and Canada are the principal markets for ruminants
exported from the United States that do not require health certificates
to include verification of tests or vaccinations, we can expect that
entities who export cattle, sheep, and goats to those two countries
will be most affected by this final rule. As a result, this analysis
focuses on the importation requirements of Mexico and Canada for U.S.-
origin cattle, sheep, and goats.

U.S. Ruminant Exports to Mexico

Mexico does not require verification of tests or vaccinations for
the following ruminants imported from the United States: Steers and
spayed heifers shipped as feeder cattle; slaughter cattle, unless from
Texas or Missouri; sheep other than rams; and goats other than breeding
stock. Because Texas and Missouri are not designated as brucellosis
Class-Free States, cattle imported for slaughter from those two States
must be tested for that disease. Breeding cattle imported into Mexico
from any State are required to be tested for brucellosis only if the
animal is less than 6 months of age, or is an official calfhood
vaccinate less than 20 months of age raised for dairy production or a
vaccinate less than 24 months of age raised for beef. However, all
breeding cattle, except for those animals under 1 month of age, must be
tested for tuberculosis. For sheep and goats, Mexico requires that
breeding and feeder rams be tested for brucellosis and breeding goats
be tested for tuberculosis.
As mentioned above, animals other than poultry exported to Mexico
and Canada for slaughter are covered by a separate user fee category.
As a result, exporters of slaughter ruminants, including slaughter
cattle, exported to Mexico or Canada will not be affected by this final
rule. Slaughter cattle account for the majority of not purebred cattle
exported to Mexico from the United States.\2\ As shown in table 1, the
annual value of not purebred cattle exported to Mexico from the United
States is estimated to be about $71 million. APHIS export certification
data indicate that approximately 62 percent of not purebred cattle
shipped to

[[Page 51880]]

Mexico were exported from the United States for purposes other than
slaughter.\3\ We can expect, therefore, that the annual value of not
purebred cattle exported to Mexico that will be affected by this final
rule will be approximately $44 million ($70.77 million multiplied by
0.62).
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\2\ APHIS, Centers for Epidemiology & Animal Health (CEAH),
1999-2001.
\3\ APHIS, CEAH, 1999-2001.
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This final rule will have a negligible economic impact on exporters
of sheep and goats shipped to Mexico, as over 99 percent of sheep and
96 percent of goats from the United States to Mexico are intended for
slaughter and are not, therefore, covered by the certificate category
and user fee established in this document.

U.S. Ruminant Exports to Canada

Ruminants exported to Canada that do not require testing or
vaccination are feeder cattle from Hawaii, Montana, and Washington;
sheep and goats intended for immediate slaughter; and some purebred
cattle, sheep, and goats, depending on the health status of the State
or herd from which the animal originated and the time of year the
animals are shipped.
Canada requires feeder cattle imported from most States to be
tested for tuberculosis and anaplasmosis, and requires certain feeder
cattle to be tested for brucellosis and bluetongue. Brucellosis testing
is not required for steers and spayed heifers and official calfhood
vaccinates that were vaccinated with Strain 19 vaccine. For all other
cattle, brucellosis testing requirements depend on the brucellosis
status of the animal's herd and State. Currently, all States except
Missouri and Texas are classified as brucellosis Class-Free. As a
result, feeder cattle exported to Canada from all States except
Missouri and Texas are exempt from brucellosis testing. Bluetongue
testing requirements depend on whether the animal comes from a low-,
medium-, or high-incidence State and/or the time of year the animal is
exported. For example, feeder cattle imported into Canada between
October 1 and December 31 are not required to be tested for bluetongue,
regardless of the State of origin.
As an alternative to the foregoing testing requirements, Canada
accepts shipments of untested feeder cattle under its Restricted Feeder
Cattle Program.\4\ To participate in this program, a State must meet
certain requirements, including being free of brucellosis and
tuberculosis and classified as a low risk for bluetongue, and must
submit to Canada summary data for anaplasmosis. Currently, Hawaii,
Montana, and Washington are allowed to export untested feeder cattle to
Canada under the Restricted Feeder Cattle Program. Cattle imported by
Canada under this program may only enter the country between October 1
and March 31.
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\4\ Canadian Food Inspection Agency, Client Services Information
Sheet No. 14, Restricted Feeder Cattle from the United States.
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Testing requirements for breeding cattle exported to Canada depend
on an animal's particular circumstances. For example, brucellosis and
anaplasmosis testing requirements depend on the health status of the
herd and State, and bluetongue testing requirements depend on the
State's classification and/or the time of year the animal is exported
to Canada. Breeding cattle need not be tested for tuberculosis if the
entire herd from which the animal originated is tested within the 12
months preceding exportation.
Sheep and goats exported to Canada for immediate slaughter need not
be tested for bluetongue. For all other sheep and goats, testing for
bluetongue depends on the status of the exporting State and/or the time
of year of the export. For example, Canada does not require sheep and
goats exported from any State between October 1 and December 31 to be
tested for bluetongue, assuming that the animals have resided only in
the United States or Canada.
As shown in table 1, ``not purebred cattle,'' which predominantly
consist of feeder cattle, account for the single largest category of
ruminants exported to Canada that could be affected by this final rule.
Because Hawaii, Montana, and Washington are the only States currently
allowed to export feeder cattle to Canada without tests or vaccinations
under the Restricted Feeder Cattle Program, we can expect that
exporters of ruminants from those three States will be most affected by
this final rule. Table 2 shows approximate average annual values of
feeder cattle exported to Canada from Hawaii, Montana, and Washington,
1999-2001. These values are for cattle classified under Harmonized
Schedule code 010290 (not purebred), and, therefore, may include
animals exported for immediate slaughter and other not purebred
animals; however, the majority of cattle under this classification are
imported by Canada under its Restricted Feeder Cattle Program for
feeding and subsequent slaughter.

Table 2.--Approximate Average Annual Values of Feeder Cattle Exports to
Canada From the States of Hawaii, Montana, and Washington, 1999-2001
------------------------------------------------------------------------

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Hawaii..................................................... $2,383,000
Montana.................................................... 84,999,000
Washington................................................. 8,821,000
------------
Total.................................................. 96,203,000
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Source: Industry Canada, Trade Data Online, based on data obtained from
Statistics Canada and the U.S. Census Bureau, U.S. Department of
Commerce.

Note: Values are for Harmonized Schedule code 010290--Bovine,
live--Not Pure-bred, which are predominantly feeder cattle, but may
include other cattle. The values, therefore, are only approximate
feeder cattle values.

Montana's livestock exporters, in particular, have benefitted from
the Restricted Feeder Cattle Program. A total of 127,643 restricted
feeder cattle were shipped to Canada from Montana during the 1999-2000
season. In the 2000-2001 season, Montana shipped 133,240 head.\5\ The
total value of feeder cattle exported from the three States to Canada,
shown in table 2 to be approximately $96 million, comprises two-thirds
of the approximately $146 million shown in table 1 for all ``not
purebred cattle'' exported to Canada.
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\5\ Montana Department of Livestock.
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Statistics on other ruminants exported to Canada and affected by
this final rule are not available. However, as mentioned above, exports
of such ruminants, which include certain breeding stock, are not nearly
as important as exports of not purebred cattle.

The User Fee Increase and Ruminant Export Values

The total value of ruminant exports that could be affected by this
final rule and for which statistics are available is approximately $140
million annually. This figure accounts for about 54 percent of the
cattle, sheep, and goats exported from the United States.\6\ However,
even though a sizable percentage of U.S. ruminant exports may be
affected by the user fee increase, we do not expect that this final
rule will have a significant impact on a

[[Page 51881]]

substantial number of entities. The $9 increase in user fees for the
endorsement of certificates that do not require verification of tests
or vaccinations for ruminants represents a small amount of the average
export value of cattle. Furthermore, the $9 increase in user fees is
small compared to the total value of livestock usually included on a
single health certificate, as most health certificates are issued for
more than one animal and the new user fee of $33 will apply for all
animals covered by a single certificate.
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\6\ Feeder cattle exports to Canada from Hawaii, Montana, and
Washington ($96 million) + not purebred cattle exports to Mexico
($44 million) = $140 million. (Overcounting of affected cattle and
smallstock shipments to Mexico is assumed to be balanced by
undercounting of affected cattle and smallstock shipments to
Canada.) All U.S. exports total about $260 million (Table 1).
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This final rule will have the largest effect on exporters of ``not
purebred cattle'' intended for export to Mexico and Canada. Table 3
shows the average value for each animal for those ruminant categories.
The $9 increase in user fees represents approximately 2 percent of the
average value of ``not purebred cattle'' exported to Mexico and Canada
from the United States.

Table 3.--Average Values of Not Purebred Cattle Exported to Mexico and Canada and Percentages of the Values
Represented by the Proposed $9 Increase in User Fees
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$9 user fee increase as
Average value per a percentage of the
animal ($) average value
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Not Purebred Cattle:
Exported to Mexico............................................ 464 2.0
Exported to Canada............................................ 504 1.8
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Source: World Trade Atlas, based on U.S. Census Bureau data. Values are annual averages for 1999, 2000, and
2001.

However, these percentages overstate the impact of the user fee
increase, as numerous animals are usually exported using a single
certificate. For example, from 1999 through 2001, the average number of
feeder cattle exported to Canada per certificate numbered 798 head.\7\
Based on this average number of cattle per certificate, the $9 user fee
increase would account for only 0.002 percent of the total value of
livestock included in a single health certificate.\8\
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\7\ Calculated from data obtained from APHIS CEAH.
\8\ Average total value of feeder cattle exported to Canada, for
each health certificate, is $402,192: ($9 divided by $402,192)
multiplied by 100 = 0.002 percent.
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Impact on Small Entities

The Regulatory Flexibility Act requires agencies to consider the
economic impact of their rules on small entities, such as small
businesses, organizations, and governmental jurisdictions. This final
rule could affect livestock operations that export ruminants to Mexico
or Canada, which include such entities as cattle ranches and farms,
sheep and goat farms, and cattle feedlots.
Under the standards established by the Small Business
Administration (SBA), a business, firm, organization, or other entity
engaged in cattle ranching and farming, sheep farming, or goat farming
is considered small if the entity has annual sales of $750,000 or
less.\9\ In 1997, there were 651,542 cattle farms and 29,790 sheep and
goat farms. Of those entities, 99 percent of cattle farms (656,181) and
99 percent of sheep and goat farms (29,938) are small entities under
the SBA's standards.\10\
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\9\ Cattle ranching and farming, North American Industry
Classification System (NAICS) code 112120; sheep farming, NAICS
112410; and goat farming, NAICS 112420.
\10\ 1997 Census of Agriculture, USDA National Agricultural
Statistics Service (NASS). Sales information for these farms
identifies a data break at annual sales of $500,000, not at
$750,000.
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Cattle feedlots are considered small under the SBA's standards if
their annual sales are $1.5 million or less.\11\ Over 97 percent of
feedlots (95,000 of 97,091) have capacities of fewer than 1,000 head,
and average annual sales of about 420 head.\12\ Assuming each head sold
for $1,000, fewer-than-1,000 head capacity feedlots would generate, on
average, $420,000 in sales. Clearly, most feedlots that export
ruminants to Mexico or Canada are small entities under the SBA's
standards.
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\11\ Cattle feedlots, NAICS 112112.
\12\ ``Cattle on Feed,'' NASS, February 2001.
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The $9 increase in user fees for the endorsement of ruminant export
health certificates that do not require verification of testing or
vaccination, except for ruminants exported from Mexico or Canada, will
not have a significant economic impact on a substantial number of
entities, large or small, given the value, and number, of animals
usually listed on a single health certificate. Although the majority of
entities affected by this final rule are small entities, and the
majority of cattle, sheep, and goats exported by the United States do
not require testing or vaccination, the user fee increase is small
compared to the average total value of livestock normally included on a
single health certificate.
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 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 information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).

List of Subjects

7 CFR Part 354

Exports, Government employees, Imports, Plant diseases and pests,
Quarantine, Reporting and recordkeeping requirements, Travel and
transportation expenses.

9 CFR Part 97

Exports, Government employees, Imports, Livestock, Poultry and
poultry products, Travel and transportation expenses.

9 CFR Part 130

Animals, Birds, Diagnostic reagents, Exports, Imports, Poultry and
poultry products, Quarantine, Reporting and recordkeeping requirements,
Tests.

[[Page 51882]]

0
Accordingly, we are amending 7 CFR part 354 and 9 CFR parts 97 and 130
to read as follows:

PART 354--OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND
USER FEES

0
1. The authority citation for part 354 continues to read as follows:

Authority: 7 U.S.C. 8301-8317; 21 U.S.C. 136 and 136a; 49 U.S.C.
80503; 7 CFR 2.22, 2.80, and 371.3.

0
2. Section 354.1 is amended as follows:
0
a. In paragraph (a)(1), introductory text, the table is revised to read
as set forth below.
0
b. In paragraph (a)(1)(iii), the table is revised to read as set forth
below.

Sec. 354.1 Overtime work at border ports, sea ports, and airports.

(a)(1) * * *

Overtime for Inspection, Laboratory Testing, Certification, or Quarantine of Plant, Plant Products, Animals,
Animal Products or Other Regulated Commodities
----------------------------------------------------------------------------------------------------------------
Overtime rates (per hour)
Outside the employee's normal tour of --------------------------------------------------------------------------
duty Oct. 1, 2003-Sept. 30, Oct. 1, 2004-Sept. 30,
2004 2005 Beginning Oct. 1, 2005
----------------------------------------------------------------------------------------------------------------
Monday through Saturday and holidays. $48.00 $49.00 $51.00
Sundays.............................. 63.00 65.00 67.00
----------------------------------------------------------------------------------------------------------------

* * * * *
(iii) * * *

Overtime for Commercial Airline Inspection Services \1\
----------------------------------------------------------------------------------------------------------------
Overtime rates (per hour)
Outside the employee's normal tour of --------------------------------------------------------------------------
duty Oct. 1, 2003-Sept. 30, Oct. 1, 2004-Sept. 30,
2004 2005 Beginning Oct. 1, 2005
----------------------------------------------------------------------------------------------------------------
Monday through Saturday and holidays. $39.00 $40.00 $41.00
Sundays.............................. 51.00 53.00 55.00
----------------------------------------------------------------------------------------------------------------
\1\ These charges exclude administrative overhead costs.

* * * * *

PART 97--OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS

0
3. The authority citation for part 97 continues to read as follows:

Authority: 7 U.S.C. 8301-8317; 49 U.S.C. 80503; 7 CFR 2.22,
2.80, and 371.4.

0
4. Section 97.1 is amended as follows:
0
a. In the introductory text of paragraph (a), the table is revised to
read as set forth below.
0
b. In paragraph (a)(3), the table is revised to read as set forth
below.

Sec. 97.1 Overtime services relating to imports and exports.

(a) * * *

Overtime for Inspection, Laboratory Testing, Certification, or Quarantine of Animals, Animal Products or Other
Regulated Commodities
----------------------------------------------------------------------------------------------------------------
Overtime rates (per hour)
Outside the employee's normal tour of --------------------------------------------------------------------------
duty Oct. 1, 2003-Sept. 30, Oct. 1, 2004-Sept. 30,
2004 2005 Beginning Oct. 1, 2005
----------------------------------------------------------------------------------------------------------------
Monday through Saturday and holidays. $48.00 $49.00 $51.00
Sundays.............................. 63.00 65.00 67.00
----------------------------------------------------------------------------------------------------------------

* * * * *
(3) * * *

[[Page 51883]]

* * * * *

PART 130--USER FEES

0
5. The authority citation for part 130 continues to read as follows:

Authority: 5 U.S.C. 5542; 7 U.S.C. 1622 and 8301-8317; 21 U.S.C.
136 and 136a; 31 U.S.C. 3701, 3716, 3717, 3719, and 3720A; 7 CFR
2.22, 2.80, and 371.4.

0
6. Section 130.2 is amended as follows:
0
a. In paragraph (a), the table is revised to read as set forth below.
0
b. In paragraph (b), the table is revised to read as set forth below.

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.

(a) * * *

------------------------------------------------------------------------
Daily user fee
Animal or bird Beginning Oct. 1,
2003
------------------------------------------------------------------------
Birds (excluding ratites and pet birds imported in
accordance with Part 93 of this subchapter):
0-250 grams..................................... $1.75
251-1,000 grams................................. 5.75
Over 1,000 grams................................ 13.00
Domestic or zoo animals (except equines, birds, and
poultry):
Bison, bulls, camels, cattle, or zoo animals.... 102.00
All others, including, but not limited to, 27.00
alpacas, llamas, goats, sheep, and swine.......
Equines (including zoo equines, but excluding
miniature horses):
1st through 3rd day (fee per day)............... 270.00
4th through 7th day (fee per day)............... 195.00
8th and subsequent days (fee per day)........... 166.00
Miniature horses.................................... 61.00
Poultry (including zoo poultry):
Doves, pigeons, quail........................... 3.50
Chickens, ducks, grouse, guinea fowl, partridge, 6.25
pea fowl, pheasants............................
Large poultry and large waterfowl, including, 15.00
but not limited to game cocks, geese, swans,
and turkeys....................................
Ratites:
Chicks (less than 3 months old)................. 9.25
Juveniles (3 months through 10 months old)...... 14.00
Adults (11 months old and older)................ 27.00
------------------------------------------------------------------------

(b) * * *

------------------------------------------------------------------------
Daily user fee
Bird or poultry (nonstandard housing, care, or Beginning Oct. 1,
handling) 2003
------------------------------------------------------------------------
Birds 0-250 grams and doves, pigeons, and quail..... $5.75
Birds 251-1,000 grams and poultry such as chickens, 13.00
ducks, grouse, guinea fowl, partridge, pea fowl,
and pheasants......................................
Birds over 1,000 grams and large poultry and large 25.00
waterfowl, including, but not limited to game
cocks, geese, swans, and turkeys...................
------------------------------------------------------------------------

* * * * *

0
7. In Sec. 130.3, paragraph (a)(1), the table is revised to read as
follows:

Sec. 130.3 User fees for exclusive use of space at APHIS Animal
Import Centers.

(a)(1) * * *

------------------------------------------------------------------------
Monthly user fee
Animal import center Beginning Oct. 1,
2003
------------------------------------------------------------------------
Newburgh, NY:
Space A--5,396 sq. ft. (503.1 sq. m.)........... $59,254
Space B--8,903 sq. ft. (827.1 sq. m.)........... 97,764
Space C--905 sq. ft. (84.1 sq. m.).............. 9,938
------------------------------------------------------------------------

* * * * *

0
8. In Sec. 130.4, the table is revised to read as follows:

Sec. 130.4 User fees for processing import permit applications.

* * *

[[Page 51884]]

2. Processing an application for a permit to
import live animals, animal products or
byproducts, organisms, vectors, or germ plasm
(embryos or semen) or to transport organisms or
vectors \1\
i. Initial permit........................... Per application........................... 94.00
ii. Amended permit.......................... Per amended application................... 47.00
iii. Renewed permit \2\..................... Per application........................... 61.00
3. Processing an application for a permit to Per application........................... 322.00
import fetal bovine serum when facility
inspection is required.
----------------------------------------------------------------------------------------------------------------
\1\ Using Veterinary Services Form 16-3, ``Application for Permit to Import or Transport Controlled Material or
Organisms or Vectors,'' or Form 17-129, ``Application for Import or In Transit Permit (Animals, Animal Semen,
Animal Embryos, Birds, Poultry, or Hatching Eggs).''
\2\ Permits to import germ plasm and live animals are not renewable.

0
9. In Sec. 130.6, paragraph (a), the table is revised to read as
follows:

Sec. 130.6 User fees for inspection of live animals at land border
ports along the United States-Mexico border.

(a) * * *

------------------------------------------------------------------------
Per head user fee
Type of live animal Beginning Oct. 1,
2003
------------------------------------------------------------------------
Any ruminants (including breeder ruminants) not $9.00
covered below......................................
Feeder.............................................. 2.50
Horses, other than slaughter........................ 44.00
In-bond or in-transit............................... 5.75
Slaughter........................................... 3.75
------------------------------------------------------------------------

* * * * *

0
10. In Sec. 130.7, paragraph (a), the table is 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 fee
Type of live animal Unit Beginning Oct. 1,
2003
----------------------------------------------------------------------------------------------------------------
Animals being imported into the United States:
Breeding animals (Grade animals, except horses):
Sheep and goats............................. Per head.................................. $0.50
Swine....................................... Per head.................................. 0.75
All others.................................. Per head.................................. 3.25
Feeder animals:
Cattle (not including calves)............... Per head.................................. 1.50
Sheep and calves............................ Per head.................................. 0.50
Swine....................................... Per head.................................. 0.25
Horses (including registered horses), other than Per head.................................. 29.00
slaughter and in-transit.
Poultry (including eggs), imported for any Per load.................................. 50.00
purpose.
Registered animals (except horses).............. Per head.................................. 6.00
Slaughter animals (except poultry).............. Per load.................................. 25.00
Animals transiting \1\ the United States:
Cattle...................................... Per head.................................. 1.50
Sheep and goats............................. Per head.................................. 0.25
Swine....................................... Per head.................................. 0.25
Horses and all other animals................ Per head.................................. 6.75
----------------------------------------------------------------------------------------------------------------
\1\ The user fee in this section will be charged for in-transit authorizations at the port where the
authorization services are performed. For additional services provided by APHIS, at any port, the hourly user
fee rate in Sec. 130.30 will apply.

* * * * *

0
11. In Sec. 130.8, paragraph (a), the table is revised to read as
follows:

Sec. 130.8 User fees for other services.

(a) * * *

[[Page 51885]]

Embryo:
Up to 5 donor pairs......................... Per certificate........................... $83.00
Each additional group of donor pairs, up to Per group of donor pairs.................. 37.00
5 pairs per group, on the same certificate.
Semen....................................... Per certificate........................... 51.00
Release from export agricultural hold:
Simple (2 hours or less).................... Per release............................... 70.00
Complicated (more than 2 hours)............. Per release............................... 180.00
----------------------------------------------------------------------------------------------------------------
\1\ This user fee includes a single inspection and resealing of the container at the APHIS employee's regular
tour of duty station or at a limited port. For each subsequent inspection and resealing required, the hourly
user fee in Sec. 130.30 will apply.

* * * * *
0
12. Section 130.10 is amended as follows:
0
a. In paragraph (a), the table is revised to read as set forth below.
0
b. In paragraph (b), the table is revised to read as set forth below.

Sec. 130.10 User fees for pet birds.

(a) * * *

(b) * * *

------------------------------------------------------------------------
Daily user fee Beginning
Number of birds in isolette Beginning Oct. 1, Oct. 1,
2003 2003
--------------------------------------------------------------- -----------
1.......................................... $9.25
2.......................................... 11.00
3.......................................... 13.00
4.......................................... 15.00
5 or more.................................. 18.00
------------------------------------------------------------------------

* * * * *

0
13. In Sec. 130.11, paragraph (a), the table is revised to read as
follows:

Sec. 130.11 User fees for inspecting and approving import/export
facilities and establishments.

(a)
* * * * *

----------------------------------------------------------------------------------------------------------------
User fee
Service Unit Beginning Oct. 1,
2003
----------------------------------------------------------------------------------------------------------------
Embryo collection center inspection and approval Per year.................................. $380.00
(all inspections required during the year for
facility approval).
Inspection for approval of biosecurity level Per inspection............................ 977.00
three laboratories (all inspections related to
approving the laboratory for handling one
defined set of organisms or vectors).
Inspection for approval of pet food
manufacturing, rendering, blending, or digest
facilities:
Initial approval............................ For all inspections required during the 404.75
year.
Renewal..................................... For all inspections required during the 289.00
year.
Inspection for approval of pet food spraying and
drying facilities:
Initial approval............................ For all inspections required during the 275.00
year.
Renewal..................................... For all inspections required during the 162.00
year.
Inspection for approval of slaughter
establishment:
Initial approval (all inspections).......... Per year.................................. 373.00

[[Page 51886]]

Renewal (all inspections)................... Per year.................................. 323.00
Inspection of approved establishments,
warehouses, and facilities under 9 CFR parts 94
through 96:
Approval (compliance agreement) (all Per year.................................. 398.00
inspections for first year of 3-year
approval).
Renewed approval (all inspections for second Per year.................................. 230.00
and third years of 3-year approval).
----------------------------------------------------------------------------------------------------------------

* * * * *

0
14. Section 130.20 is amended as follows:
0
a. In paragraph (a), the table is revised to read as set forth below.
0
b. In paragraph (b)(1), the table is revised to read as set forth
below.

130.20 User fees for endorsing export certificates.

(a) * * *

------------------------------------------------------------------------
User fee
Certificate categories Beginning Oct. 1,
2003
------------------------------------------------------------------------
Animal and nonanimal products....................... $32.00
Hatching eggs....................................... 30.00
Poultry, including slaughter poultry................ 30.00
Ruminants, except slaughter ruminants moving to 33.00
Canada or Mexico...................................
Slaughter animals (except poultry but including 35.00
ruminants) moving to Canada or Mexico..............
Other endorsements or certifications................ 24.00
------------------------------------------------------------------------

(b)(1) * * *

------------------------------------------------------------------------
User fee
Number of tests or vaccinations and number of Beginning Oct. 1,
animals or birds on the certificate 2003
------------------------------------------------------------------------
1-2 tests or vaccinations
Nonslaughter horses to Canada:
First animal.................................... $38.00
Each additional animal.......................... 4.25
Other animals or birds:
First animal.................................... 76.00
Each additional animal.......................... 4.25
3-6 tests or vaccinations
First animal.................................... 94.00
Each additional animal.......................... 7.25
7 or more tests or vaccinations
First animal.................................... 109.00
Each additional animal.......................... 8.50
------------------------------------------------------------------------

* * * * *

0
15. Section 130.30 is amended to read as follows:
0
a. In paragraph (a), the table is revised to read as set forth below.
0
b. In paragraph (b), the table is revised to read as set forth below.

Sec. 130.30 Hourly rate and minimum user fees.

(a) * * *

------------------------------------------------------------------------
User fee
Beginning Oct. 1,
2003
------------------------------------------------------------------------
Hourly rate
Per hour........................................ $84.00
Per quarter hour................................ 21.00
Per service minimum fee............................. 25.00
------------------------------------------------------------------------

(b) * * *

------------------------------------------------------------------------
Premium rate user
Overtime rates (outside the employee's normal tour fee Beginning
of duty) Oct. 1, 2003
------------------------------------------------------------------------
Premium hourly rate Monday through Saturday and
holidays:

[[Page 51887]]

Per hour........................................ $100.00
Per quarter hour................................ 25.00
Premium hourly rate for Sundays:
Per hour........................................ 112.00
Per quarter hour................................ 28.00
------------------------------------------------------------------------

* * * * *

0
16. In Sec. 130.50, paragraph (b)(3)(i), the table is revised to read
as follows:

Sec. 130.50 Payment of user fees.

* * * * *
(b) * * *
(3) * * *
(i) * * *

Overtime for Flat Rate User Fees ^1, ²
----------------------------------------------------------------------------------------------------------------
Overtime rates (per hour)
Outside of the --------------------------------------------------
employee's normal tour Oct. 1, 2003- Oct. 1, 2004- Beginning Oct.
of duty Sept. 30, 2004 Sept. 30, 2005 1, 2005
----------------------------------------------------------------------------------------------------------------
Rate for inspection, testing, Monday-Saturday and $48.00 $49.00 $51.00
certification or quarantine of holidays.
animals, animal products or other
commodities.³.
Sundays................ 63.00 65.00 67.00
Rate for commercial airline Monday-Saturday and 39.00 40.00 41.00
inspection services.⁴. holidays.
Sundays................ 51.00 53.00 55.00
----------------------------------------------------------------------------------------------------------------
\1\ Minimum charge of 2 hours, unless performed on the employee's regular workday and performed in direct
continuation of the regular workday or begun within an hour of the regular workday.
\2\ When the 2-hour minimum applies, you may need to pay commuted travel time. (See Sec. 97.1(b) of this
chapter for specific information about commuted travel time.)
\3\ See Sec. 97.1(a) of this chapter or 7 CFR 354.3 for details.
\4\ See Sec. 97.1(a)(3) of this chapter for details.

* * * * *

Done in Washington, DC, this 26th day of August 2003.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-22141 Filed 8-28-03; 8:45 am]

BILLING CODE 3410-34-P