[Federal Register: December 13, 2007 (Volume 72, Number 239)]
[Rules and Regulations]
[Page 70765-70767]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13de07-2]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 354
9 CFR Parts 130 and 156
[Docket No. APHIS-2006-0028]
RIN 0579-AC44
User Fees; Updates and Clarifications
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending our Agricultural Quarantine and Inspection
Services user fee regulations to update an address that appears in
several places. We are also making several nonsubstantive changes to
the Veterinary Services user fee regulations to correct errors and to
clarify the services covered by certain existing user fees. These
changes, which do not affect any existing fees, are necessary to ensure
that the user fee regulations are up to date and to ensure their
clarity.
EFFECTIVE DATE: January 14, 2008.
FOR FURTHER INFORMATION CONTACT: Mrs. Kris Caraher, User Fees Section
Head, Financial Services Branch, Financial Management Division, MRBPS,
APHIS, 4700 River Road Unit 54, Riverdale, MD 20737-1232; (301) 734-
5901.
SUPPLEMENTARY INFORMATION:
Background
On July 17, 2007, we published in the Federal Register (72 FR
39025-39028, Docket No. APHIS-2006-0028) a proposal \1\ to amend our
Agricultural Quarantine and Inspection (AQI) Services user fee
regulations contained in 7 CFR part 354 to update an address that
appears in several places. We also proposed several nonsubstantive
changes to the Veterinary Services user fee regulations contained in 9
CFR part 130 to correct errors and to clarify the services covered by
certain existing user fees. Finally, we proposed to remove all
references to cooperative agreements in 9 CFR part 156 because the
export product endorsement and inspection services formerly covered by
those agreements are now covered by user fees in 9 CFR part 130. These
changes, which do not affect any existing fees, are necessary to ensure
that the user fee regulations are up to date and to ensure their
clarity.
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\1\ To view the proposed rule, go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2006-0028
.
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We solicited comments concerning our proposal for 60 days ending
September 17, 2007. We did not receive any comments. Therefore, for the
reasons given in the proposed rule, we are adopting the proposed rule
as a final rule, without change.
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.
This rule amends our AQI user fee regulations by updating an
address that appears in several places. We also make several
nonsubstantive changes to the Veterinary Services user fee regulations
to correct errors and to clarify existing user fee services. The
changes to the regulations are administrative in nature and do not
result in any new fees being charged or any additional entities
becoming subject to user fees.
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 in conflict 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 new 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
Animal diseases, Exports, Government employees, Imports, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Travel and transportation expenses.
9 CFR Part 130
Animals, Birds, Diagnostic reagents, Exports, Imports, Poultry and
poultry products, Quarantine, Reporting and recordkeeping requirements,
Tests.
9 CFR Part 156
Exports, Livestock, Poultry and poultry products, Reporting and
recordkeeping requirements.
0
Accordingly, we are amending 7 CFR part 354 and 9 CFR parts 130 and 156
as follows:
TITLE 7--[AMENDED]
PART 354--OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND
USER FEES
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1. The authority citation for part 354 continues to read as follows:
Authority: 7 U.S.C. 7701-7772, 7781-7786, and 8301-8317; 21
U.S.C. 136 and 136a; 49 U.S.C. 80503; 7 CFR 2.22, 2.80, and 371.3.
Sec. 354.3 [Amended]
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2. In Sec. 354.3, paragraphs (d)(4) introductory text, (d)(5), (d)(6),
(e)(3)(i), (e)(3)(ii), (e)(4), (f)(5)(i), (f)(5)(ii), (f)(5)(iii),
(f)(6), and (f)(7), the words ``Box 952181, St. Louis, MO 63195-2181''
are removed and the words ``Box 979044, St. Louis, MO 63197-9000'' are
added in their place.
TITLE 9--[AMENDED]
PART 130--USER FEES
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3. 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.
Sec. 130.2 [Amended]
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4. In Sec. 130.2, paragraph (a), the first sentence is amended by
adding the words ``for any service rendered by an APHIS
representative'' after the word ``fees''.
Sec. 130.3 [Amended]
0
5. In Sec. 130.3, paragraph (c)(3) is amended by removing the words
``for those services'' and adding the words ``for any service rendered
by an APHIS representative'' in their place.
[[Page 70766]]
Sec. 130.4 [Amended]
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6. In Sec. 130.4, the first sentence of the section is amended by
adding the words ``for any service rendered by an APHIS
representative'' after the word ``fees'', and the sentence ``These fees
are nonrefundable.'' is added after the second sentence.
Sec. 130.5 [Amended]
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7. In Sec. 130.5, paragraph (a), the first sentence is amended by
adding the words ``for any service rendered by an APHIS
representative'' after the word ``fees''.
Sec. 130.6 [Amended]
0
8. In Sec. 130.6, paragraph (a), the first sentence is amended by
adding the words ``for any service rendered by an APHIS
representative'' after the word ``fees''.
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9. Section 130.7 is amended as follows:
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a. In paragraph (a), first sentence, by adding the words ``for any
service rendered by an APHIS representative'' after the word ``fees''.
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b. By adding paragraph (b) to read as set forth below.
Sec. 130.7 User fees for import or entry services for live animals at
land border ports along the United States-Canada border.
* * * * *
(b) If a service must be conducted on a Sunday or holiday or at any
other time outside the normal tour of duty of the employee, then
reimbursable overtime, as provided for in part 97 of this chapter, must
be paid for each service, in addition to the user fee listed in this
section.
* * * * *
Sec. 130.8 [Amended]
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10. In Sec. 130.8, paragraph (a), the first sentence is amended by
adding the words ``for any service rendered by an APHIS
representative'' after the word ``fees''.
Sec. 130.11 [Amended]
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11. In Sec. 130.11, paragraph (a) is amended by adding the sentence
``These user fees do not apply to inspection activities covered in
Sec. 130.30(a)(2).'' after the last sentence.
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12. In Sec. 130.20, paragraph (b)(1) is amended by adding footnote 1
in the table heading and by revising in the table the entry for
``Nonslaughter horses to Canada'' to read as follows:
Sec. 130.20 User fees for endorsing export certificates.
* * * * *
(b)(1) * * *
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Number \1\ of tests or vaccinations and number of User fee beginning
animals or birds on the certificate Oct. 1, 2003
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* * * * * * *
Nonslaughter horses to Canada:
First horse.................................... $38.00
Each additional horse.......................... 4.25
* * * * * * *
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\1\ Rabies vaccinations are not included in this number.
* * * * *
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13. Section 130.30 is amended as follows:
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a. In the introductory text of paragraph (a), by removing the words
``through (a)(13)'' and adding the words ``through (a)(18)'' in their
place.
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b. Paragraph (a)(2) is revised to read as set forth below.
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c. In paragraph (a)(4), by adding the words ``, such as monitoring
birds--including but not limited to pet birds--between flights'' after
the word ``quarantine''.
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d. Paragraph (a)(13) is redesignated as paragraph (a)(18), and new
paragraphs (a)(13), (a)(14), (a)(15), (a)(16), and (a)(17) are added to
read as set forth below.
Sec. 130.30 Hourly rate and minimum user fees.
(a) * * *
* * * * *
(2) Conducting inspections, including inspections of laboratories
and facilities (such as biosecurity level two facilities), required
either to obtain import permits for animal products, aquaculture
products, or organisms or vectors, or to maintain compliance with
import permits. This hourly rate does not apply to inspection
activities covered in Sec. 130.11.
* * * * *
(13) Import or entry services for feeder animals including, but not
limited to, feeder goats and feeder bison not covered by a flat rate
user fee in Sec. 130.7.
(14) Export-related bird banding for identification.
(15) Export-related inspection and approval of pet food facilities,
including laboratories that perform pet food testing.
(16) Export-related services provided at animal auctions.
(17) Various export-related facility inspections, including, but
not limited to, fertilizer plants that utilize poultry waste, rendering
plants, and potential embarkation facilities.
* * * * *
PART 156--VOLUNTARY INSPECTION AND CERTIFICATION SERVICE
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14. The authority citation for part 156 continues to read as follows:
Authority: 7 U.S.C. 1622 and 1624; 21 U.S.C. 136a; 7 CFR 2.22,
2.80, and 371.4.
Sec. 156.2 [Amended]
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15. Section 156.2 is amended as follows:
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a. By removing the definition of cooperative agreement.
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b. In the definition of inspector, by removing the words ``under a
cooperative agreement''.
Sec. 156.4 [Amended]
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16. Section 156.4 is amended by removing the words ``under a
cooperative agreement''.
Sec. 156.5 [Amended]
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17. Section 156.5 is amended by removing the words ``service is to be
furnished under a cooperative agreement;'' and adding the words ``the
requirements of part 130 of this title are met;'' in their place.
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18. Section 156.7 is revised to read as follows:
Sec. 156.7 User fees under 9 CFR part 130.
User fees under part 130 of this chapter for service (including
travel and other expenses incurred in connection with the furnishing of
service) under this part shall be paid by the applicant. If required by
the Administrator, the user fees under part 130 of this chapter
[[Page 70767]]
shall be paid in advance. Since the user fees under part 130 of this
chapter are for the purpose of reimbursing the Department for all costs
incurred in connection with the furnishing of service under this part,
the appropriate user fees under part 130 of this chapter to cover any
such costs shall be paid even if service is withheld pursuant to Sec.
156.8.
Done in Washington, DC, this 7th day of December 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-24177 Filed 12-12-07; 8:45 am]
BILLING CODE 3410-34-P