FR Doc 03-25255

[Federal Register: October 6, 2003 (Volume 68, Number 193)]
[Notices]
[Page 57655-57660]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06oc03-24]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. 03-083-1]

Fiscal Year 2004 Reimbursable Overtime Charges and Veterinary
Services User Fees

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: This notice pertains to reimbursable overtime charged for
Sunday, holiday, or other overtime work performed in connection with
the inspection, laboratory testing, certification, or quarantine of
certain articles and to user fees for import- and export-related
services provided for animals, animal products, birds, germ plasm,
organisms, and vectors. The purpose of this notice is to remind the
public of the reimbursable overtime charges and user fees for fiscal
year 2004 (October 1, 2003, through September 30, 2004).

FOR FURTHER INFORMATION CONTACT: For information concerning Plant
Protection and Quarantine program operations, contact Mr. Michael
Caporaletti, Senior Program Analyst, Quarantine Policy

[[Page 57656]]

Analysis and Support, PPQ, APHIS, 4700 River Road Unit 60, Riverdale,
MD 20737-1231; (301) 734-5781.
For information concerning Veterinary Services program operations,
contact Dr. Gary Colgrove, Chief Staff Veterinarian, National Center
for Import and Export, VS, APHIS, 4700 River Road Unit 38, Riverdale,
MD 20737-1231; (301) 734-4356.
For information concerning reimbursable overtime rate and user fee
development, contact Mrs. Kris Caraher, User Fees Section Head,
Financial Services Branch, FSSB, FMD, MRP-BS, APHIS, 4700 River Road
Unit 54, Riverdale, MD 20737-1232; (301) 734-5901.

SUPPLEMENTARY INFORMATION:

[Note: In March 2003, the agricultural import and entry
inspection activities that had been performed by employees of the
Animal and Plant Health Inspection Service (APHIS) were transferred
to the Department of Homeland Security (DHS). The regulations cited
in this notice have not yet been updated to reflect this change, so
in the interests of consistency with those regulations, this notice
continues to refer to ``APHIS employees'' and services provided or
work performed by APHIS employees. Readers should be aware, however,
that DHS personnel are currently performing certain of the
agricultural import and entry inspection activities discussed in
this notice for which overtime charges or user fees are applicable.]

Reimbursable Overtime Charges

The regulations in 7 CFR chapter III and 9 CFR chapter I,
subchapters D and G, require inspection, laboratory testing,
certification, or quarantine of certain animals, poultry, animal
byproducts, germ plasm, organisms, vectors, plants, plant products, or
other regulated commodities or articles intended for importation into,
or exportation from, the United States. With some exceptions, when
these services must be provided by an APHIS employee on a Sunday or on
a holiday, or at any other time outside the APHIS employee's regular
duty hours, the Government charges an hourly overtime fee for the
services in accordance with 7 CFR part 354 and 9 CFR part 97.
In a final rule published in the Federal Register on July 25, 2002
(67 FR 48519-48525, Docket No. 00-087-2), and effective August 11,
2002, we established, for fiscal years 2002 through 2006 and beyond,
reimbursable overtime rates for Sunday, holiday, or other overtime work
performed by APHIS employees for any person, firm, or corporation
having ownership, custody, or control of animals, poultry, animal
byproducts, germ plasm, organisms, vectors, plants, plant products, or
other regulated commodities or articles subject to inspection,
laboratory testing, certification, or quarantine. In this document we
are providing notice to the public of the reimbursable overtime fees
for fiscal year 2004 (October 1, 2003, through September 30, 2004).
Under the regulations in 7 CFR 354.1(a) and 9 CFR 97.1(a), any
person, firm, or corporation having ownership, custody, or control of
plants, plant products, animals, animal byproducts, or other
commodities or articles subject to inspection, laboratory testing,
certification, or quarantine who requires the services of an APHIS
employee on a Sunday or holiday, or at any other time outside the
regular tour of duty of that employee, shall sufficiently in advance of
the period of Sunday, holiday, or overtime service request the APHIS
inspector in charge to furnish the service during the overtime or
Sunday or holiday period, and shall, for fiscal year 2004, pay the
Government at the rate listed in the following table:

Overtime for Inspection, Laboratory Testing, Certification, or
Quarantine of Plants, 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, 2004

------------------------------------------------------------------------
Monday through Saturday and holidays.................... $48.00
Sundays................................................. 63.00
------------------------------------------------------------------------

As specified in 7 CFR 354.1(a)(1)(iii) and 9 CFR 97.1(a)(3), the
overtime rates to be charged in fiscal year 2004 to owners or operators
of aircraft at airports of entry or other places of inspection as a
consequence of the operation of the aircraft, for work performed
outside of the regularly established hours of service will be as
follows:

Overtime for Commercial Airline Inspection Services \1\
------------------------------------------------------------------------
Overtime rates
(per hour)
Outside the employee's normal tour of duty Oct. 1, 2003-
Sept. 30, 2004

------------------------------------------------------------------------
Monday through Saturday and holidays.................... $39.00
Sundays................................................. 51.00
------------------------------------------------------------------------
\1\ These charges exclude administrative overhead costs.

A minimum charge of 2 hours shall be made for any Sunday or holiday
or unscheduled overtime duty performed by an employee on a day when no
work was scheduled for him or her, or which is performed by an employee
on his or her regular workday beginning either at least 1 hour before
his or her scheduled tour of duty or which is not in direct
continuation of the employee's regular tour of duty. In addition, each
such period of Sunday or holiday or unscheduled overtime work to which
the 2-hour minimum charge provision applies may include a commuted
traveltime period (see 7 CFR 354.1(a)(2) and 9 CFR 97.1(b)).

User Fees for Import- and Export-Related Veterinary Services

APHIS charges user fees for import- and export-related veterinary
services. The regulations in 9 CFR part 130 list user fees for import-
and export-related services provided by APHIS for animals, animal
products, birds, germ plasm, organisms, and vectors.
These user fees are authorized by Sec. 2509(c)(1) of the Food,
Agriculture, Conservation, and Trade Act of 1990, as amended (21 U.S.C.
136a). APHIS is authorized to establish and collect fees that will
cover the cost of providing import- and export-related services for
animals, animal products, birds, germ plasm, organisms, and vectors.
On August 28, 2000, we published in the Federal Register (65 FR
51997-52010, Docket No. 97-058-2) a final rule that amended the
regulations in 9 CFR part 130 by adjusting our user fees for import-
and export-related services that we provide for animals, animal
products, birds, germ plasm, organisms, and vectors and by setting user
fees for these services for fiscal years 2001 through 2004 and beyond.
(In that final rule, we did not specify an end date for user fees that
become effective on October 1, 2003 [the beginning of fiscal year 2004]
because we will continue to charge the fiscal year 2004 user fees until
new user fees are in effect.) Additionally, on August 1, 2001, we
published in the Federal Register (66 FR 39628-39632, Docket No. 99-
060-2) another final rule that amended the regulations by updating some
of the user fees in 9 CFR part 130. When we proposed to establish the
user fees for fiscal years 2001 through 2004 and beyond, we stated
that, prior to the beginning of each fiscal year, we would publish a
notice to remind the public of the user fees for that fiscal year. This
document provides notice to the public of the user fees for fiscal year
2004 (October 1, 2003, through September 30, 2004) and beyond. The
specific services and user fees are described below.
We provide standard and nonstandard housing, care, feed, and
handling for

[[Page 57657]]

individual animals and certain birds \1\ quarantined in APHIS-owned or
-operated animal quarantine facilities, including APHIS Animal Import
Centers. As specified in Sec. 130.2(a), the daily user fee for each
animal or bird quarantined in APHIS-owned or -operated animal
quarantine facilities receiving standard housing, care, feed, and
handling for fiscal year 2004 and beyond will be as follows:
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\1\ Those animals and birds subject to quarantine are specified
in 9 CFR, chapter I, subchapter D of the regulations.

------------------------------------------------------------------------
User fee
---------------
Animal or bird Beginning
Oct. 1, 2003
------------------------------------------------------------------------
Birds (excluding ratites and pet birds imported in
accordance with 9 CFR part 93):
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, alpacas, 27.00
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, pea 6.25
fowl, pheasants....................................
Large poultry and large waterfowl, including, but 15.00
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
------------------------------------------------------------------------

Certain conditions or traits, such as aggression, may necessitate
special requirements for certain birds or poultry. Birds and poultry
receiving nonstandard housing, care, feed, or handling to meet special
requirements may receive those services while quarantined in an APHIS-
owned or -operated quarantine facility at the request of an importer or
as required by an APHIS representative. As specified in Sec. 130.2(b),
the daily user fee for each bird or poultry receiving nonstandard
housing, care, or handling while quarantined in an APHIS-owned or -
operated animal quarantine facility for fiscal year 2004 and beyond is
$5.75 for birds weighing 250 grams or less, and doves, pigeons, and
quail; $13 for birds weighing 251 to 1,000 grams and poultry such as
chickens, ducks, grouse, guinea fowl, partridge, pea fowl, and
pheasants; and $25 for birds over 1,000 grams and large poultry and
large waterfowl, including, but not limited to game cocks, geese,
swans, and turkeys. As specified in Sec. 130.2(c), importers of
animals or birds that require a diet other than standard feed must
either provide feed or pay APHIS for feed on an actual cost basis,
including the cost of delivery to the APHIS-owned or -operated animal
import center or quarantine facility.
We accept requests from importers to exclusively occupy a space at
an APHIS animal import center. As specified in Sec. 130.3(a)(1), the
monthly user fee for exclusive use of space at the APHIS animal import
center in Newburgh, NY, for fiscal year 2004 and beyond is $59,254 to
occupy a space 5,396 square feet in size, $97,764 for a space 8,903
square feet in size, and $9,938 for a space 905 square feet in size.
The fees listed in Sec. 130.3(a)(1) cover all costs of quarantine \2\
except feed. The importer either provides the feed or pays for it on an
actual cost basis, including the cost of delivery.
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\2\ Paragraphs (a)(2) and (c) of Sec. 130.3 specify that
additional user fees will be charged to importers for occupancy of
space for more than 30 days or nonstandard handling or care of
animals or birds.
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We process applications for permits to import and transport certain
animals, animal products, organisms, vectors, and germ plasm.\3\ As
specified in Sec. 130.4, the user fees for processing import permit
applications for certain animals, animal products, organisms, vectors,
and germ plasm during fiscal year 2004 and beyond will be as follows:
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\3\ Those animal products, organisms, vectors, and germ plasm
that require permits for importation into the United States are
specified in 9 CFR, chapter I, subchapter D of the regulations.

[[Page 57658]]

Processing an application for a permit to import fetal Per application................... 322.00
bovine serum when facility inspection is required.
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\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.

We inspect live animals presented for importation or entry into the
United States through a land border port along the United States-Mexico
border. As specified in Sec. 130.6(a), the user fees for inspection of
live animals at land border ports along the United States-Mexico border
for fiscal year 2004 and beyond will be as listed in the following
table:

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

We also inspect live animals presented for importation into or
entry into the United States through a land border port along the
United States-Canada border. As specified in Sec. 130.7(a), user fees
for import or entry services for live animals at land border ports
along the United States-Canada border for fiscal year 2004 and beyond
will be as follows:

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User fee
---------------
Type of live animal Unit Beginning
Oct. 1, 2003
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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 purpose...... Per load.......................... 50.00
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
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\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.

We provide a variety of other services related to the importation
into or exportation from the United States of animals, animal products,
birds, germ plasm, organisms, and vectors. As specified in Sec.
130.8(a), user fees for those import-or export-related services during
fiscal year 2004 and beyond are as follows:

[[Page 57659]]

Each additional group of donor pairs, up to 5 donor Per group of donor pairs.......... 37.00
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
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\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.

We inspect lots of pet birds \4\ of U.S. origin returning to the
United States. As specified in Sec. 130.10(a), user fees for the
inspection of pet birds of U.S. origin returning to the United States,
except pet birds of U.S. origin returning from Canada, during fiscal
year 2004 and beyond are $108 per lot of birds which have been out of
the United States for 60 days or less, and $257 per lot of pet birds
which have been out of the United States for more than 60 days.
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\4\ Provisions for the importation of pet birds into the United
States are specified in 9 CFR, chapter I, subchapter D of the
regulations.
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We also provide housing, care, feed, and handling for pet birds
quarantined in APHIS-owned or -supervised quarantine facilities. The
daily user fee to quarantine pet birds applies per isolette and varies
based on the number of pet birds determined by an APHIS representative
to be appropriate per isolette. All the birds quarantined in one
isolette are covered by one fee, which is assessed daily for the
duration of the quarantine. As specified in Sec. 130.10(b), the daily
user fee for each pet bird quarantined in an APHIS-owned or supervised
quarantine facility for fiscal year 2004 and beyond is $9.25 for one
pet bird quarantined in one isolette, $11 for two pet birds quarantined
in one isolette, $13 for three pet birds quarantined in one isolette,
$15 for four pet birds quarantined in one isolette, and $18 for five
pet birds quarantined in one isolette.
We inspect and approve various import and export facilities and
establishments.\5\ As specified in Sec. 130.11, the user fees for
inspecting and approving import and export facilities and
establishments during fiscal year 2004 and beyond will be as listed in
the following table:
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\5\ Requirements for the inspection and approval of various
quarantine facilities are specified in 9 CFR, chapter I, subchapter
D of the regulations.

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User fee
---------------
Service Unit Beginning
Oct. 1, 2003
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Embryo collection center inspection and approval (all Per year.......................... $380.00
inspections required during the year for facility approval).
Inspection for approval of biosecurity level three Per inspection.................... 977.00
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 404.75
during the year.
Renewal................................................. For all inspections required 289.00
during the year.
Inspection for approval of pet food spraying and drying
facilities:
Initial approval........................................ For all inspections required 275.00
during the year.
Renewal................................................. For all inspections required 162.00
during the year.
Inspection for approval of slaughter establishment:
Initial approval (all inspections)...................... Per year.......................... 373.00
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 inspections for Per year.......................... 398.00
first year of 3-year approval).
Renewed approval (all inspections for second and third Per year.......................... 230.00
years of 3-year approval).
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We endorse export health certificates for animals, birds, or animal
products.\6\ As specified in Sec. 130.20(a), the user fees for each
export health certificate endorsed for animals, birds, or animal
products that do not require the verification of tests or vaccinations,
regardless of the number of animals, birds, or animal products covered
by the certificate, will be $32 for animal and nonanimal products; $30
for hatching eggs; $30 for poultry, including slaughter poultry; $33
for ruminants, except slaughter ruminants moving to Canada or Mexico;
\7\ $35 for slaughter animals (except poultry but including ruminants)
moving to Canada or Mexico; and $24 for other endorsements or
certifications during fiscal year 2004 and beyond.
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\6\ Those animals, birds, or animal products that require export
health certificates are specified in 9 CFR, chapter I, subchapter D
of the regulations.
\7\ This particular fee is new, and was established in a final
rule that was published in the Federal Register on August 29, 2003
(68 FR 51878-51887, Docket No. 02-040-2) and becomes effective on
October 1, 2003.

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[[Page 57660]]

We also endorse export health certificates for animals, birds, or
animal products that require verification of tests or vaccinations. The
user fees for these certificates apply to each export health
certificate endorsed for animals and birds, depending on the number of
animals or birds covered by the certificate and the number of tests or
vaccinations required. As specified in Sec. 130.20(b), the user fees
for each export health certificate endorsed for animals and birds for
fiscal year 2004 and beyond is as follows:

------------------------------------------------------------------------
User fee
Number of tests or vaccinations and number of animals or ---------------
birds on the certificate Beginning
Oct. 1, 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
------------------------------------------------------------------------

We provide certain import-or export-related veterinary services at
hourly rates \8\ that may be performed during and outside of regularly
established hours of service. As specified in Sec. 130.30(a), the user
fees in fiscal year 2004 for import- or export-related hourly
veterinary services performed during regularly established hours of
service, except those services covered by flat rate user fees, will be
$84 per hour or $21 per quarter hour for each APHIS employee; the per
service minimum fee is $25. When the import- or export-related
veterinary services listed in Sec. 130.30(a)(1) through (a)(13) are
performed on a Sunday, holiday, or at any time outside of an APHIS
employee's normal tour of duty, a premium rate user fee is charged. As
specified in Sec. 130.30(b), the user fees in fiscal year 2004 for
hourly veterinary services provided at any time outside an employee's
normal tour of duty Monday through Saturday and on holidays will be
$100 per hour or $25 per quarter hour for each APHIS employee, and the
user fees for hourly veterinary services provided on a Sunday will be
$112 per hour or $28 per quarter hour for each APHIS employee.
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\8\ Section 130.30 (a)(1) through (a)(13) lists import- or
export-related veterinary services that are calculated at hourly
rates for each APHIS employee required to perform the service.
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Users who request import- or export-related services that are
covered by flat rate user fees on a Sunday, holiday, or any time
outside of an APHIS employee's normal tour of duty, and who are subject
to the overtime rates set forth in 7 CFR 354.1 or 9 CFR 97.1, are
charged the hourly overtime rates set out in Sec. 130.50(b)(3)(i) in
addition to the flat rate user fees. For fiscal year 2004, the overtime
rates charged to users who request flat rate user fee services are as
follows:

Overtime for Flat Rate User Fees 1 2
----------------------------------------------------------------------------------------------------------------
Overtime rates
(per hour)
Outside of the employee's normal Oct. 1, 2003-
tour of duty Sept. 30, 2004

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Rate for inspection, testing, certification or quarantine of Monday-Saturday and holidays...... $48.00
animals, animal products or other commodities (See 7 CFR Sundays........................... 63.00
354.3 or 9 CFR 97.1(a) for details.).
Rate for commercial airline inspection services (See 9 CFR Monday-Saturday and holidays...... 39.00
97.1(a)(3) for details.). Sundays........................... 51.00
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\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 9 CFR 97.1(b) for specific
information about commuted travel time.)

Done in Washington, DC, this 30th day of September 2003.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-25255 Filed 10-3-03; 8:45 am]

BILLING CODE 3410-34-P