Number range CHAPTER

BILLING CODE: 3410-34-P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 319 and 354

\[Docket No. APHIS-2006-0096\]

RIN 0579-AC06

Agricultural Inspection and AQI User Fees Along the U.S./Canada Border;
Delay of Effective Date

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule; delay of effective date.

SUMMARY: We recently published an interim rule amending the foreign
quarantine and user fee regulations by removing the exemptions from
inspection for imported fruits and vegetables grown in Canada and the
exemptions from user fees for commercial vessels, commercial trucks,
commercial railroad cars, commercial aircraft, and international air
passengers entering the United States from Canada. That interim rule had
an effective date of November 24, 2006. We are delaying the effective
date of the removal of the user fee exemption for international air
passengers until January 1, 2007, and the effective date for the
remaining provisions of the rule, including the removal of the exemption
from user fees for commercial vessels, commercial trucks, commercial
railroad cars, and commercial aircraft entering the United States from
Canada, until March 1, 2007. We are making these changes to allow
additional time for affected entities to make necessary preparations to
comply with the inspection and collection procedures that we will be
instituting as a result of the interim rule.

DATES: The effective date for the interim rule amending 7 CFR parts 319
and 354, published at 71 FR 50320, August 25, 2006, is delayed until
March 1, 2007, except for the rule's amendments to paragraphs (f)(2) and
(f)(3) of 7 CFR 354.3, which are delayed until January 1, 2007.

FOR FURTHER INFORMATION CONTACT: Mr. Alan S. Green, Executive Director,
Plant Health Programs, PPQ, APHIS, 4700 River Road Unit 36, Riverdale,
MD 20737;

\(301\) 734-8261.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 7 CFR part 319 prohibit or restrict the importation
of certain plants and plant products into the United States to prevent
the introduction of plant pests. Similarly, the regulations in 9 CFR
subchapter D prohibit or restrict the importation of certain animals and
animal products into the United States to prevent the introduction of
pests or diseases of livestock. The regulations in 7 CFR part 354
provide rates and requirements for overtime services relating to imports
and exports and for user fees.

On August 25, 2006, we published an interim rule in the
[Federal]{.underline} [Register]{.underline} (71 FR 50320-50328)
amending the regulations in 7 CFR parts 319 and 354 by removing the
exemptions from inspection for imported fruits and vegetables grown in
Canada and the exemptions from user fees for commercial vessels,
commercial trucks, commercial railroad cars, commercial aircraft, and
international air passengers entering the United States from Canada. As
a result of this action, all agricultural products imported from Canada
were to be subject to inspection, and commercial conveyances, as well as
airline passengers arriving on flights from Canada, were to be subject
to inspection and user fees. The interim rule had an effective date of
November 24, 2006.

Delay in Effective Date

We recently received comments from industry representatives and the
Government of Canada expressing concern about the possible impact of the
rule on affected entities and questioning whether the November 2006
effective date allowed adequate time for those entities to prepare to
comply with the new inspection and collection procedures that we would
be instituting in order to enforce the interim rule. A delay of the
effective date was requested. After evaluating the comments, we have
elected to delay the effective date of the interim rule. We are delaying
the effective date of the removal of the user fee exemption for
international air passengers until January 1, 2007, and the effective
date for the remaining provisions of the rule, including the removal of
the exemption from user fees for commercial vessels, commercial trucks,
commercial railroad cars, and commercial aircraft entering the United
States from Canada, until March 1, 2007.

Authority: 7 U.S.C. 450, 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.

Done in Washington, DC, this 16th day of November 2006.

/s/ W. Ron DeHaven

Administrator, Animal and Plant Health Inspection Service.