§ 130.3 Operating details. ( a ) *General standards.* ( 1 ) User fee rates may be found online at *www.aphis.usda.gov/business-services/vs-fees* or by contacting *LAIE@usda.gov .* Changes in rates will be proposed annually in the following manner: ( i ) APHIS will propose changes to the fee rates found at *www.aphis.usda.gov/business-services/vs-fees* through publication of a notice in the Federal Register. The notice will provide information regarding the basis for any fee change and will take public comment.
( ii ) Following the comment period, APHIS will issue a subsequent notice in the Federal Register providing the final rates. The notice will respond to any comments received on the initial notice.
( iii ) When this subsequent notice is issued, APHIS will update the fee rates found at *www.aphis.usda.gov/business-services/vs-fees* accordingly.
( 2 ) The person for whom the service is provided and the person requesting the service are jointly and severally liable for payment of user fees in accordance with this section.
( b ) *User fees for individual animals and certain birds quarantined in the APHIS-owned or -operated quarantine facilities, including APHIS Animal Import Centers.* ( 1 ) Each user fee is assessed per animal or bird quarantined by APHIS. Special requirements may be requested by the importer or required by an APHIS representative. Certain conditions or traits, such as pregnancy or aggression, may necessitate special requirements for certain birds or poultry.
( 2 ) For any animal or bird that requires a diet other than standard feed, including but not limited to diets of fruit, insects, nectar, or fish, the importer must either provide feed or pay for it on an actual cost basis, including the cost of delivery to the APHIS owned or operated Animal Import Center or quarantine facility.
( c ) *User fees for exclusive use of space at APHIS Animal Import Centers.* ( 1 ) An importer may request to exclusively occupy a space at an APHIS animal import center. Any importer who occupies space for more than 30 days must pay 1/30th of the 30-day fee for each additional day or part of a day.
( 2 ) Unless the importer cancels the reservation for exclusive use of space in time to receive a refund of the reservation fee in accordance with §§ 93.103, 93.204, 93.304, 93.404, or 93.504 of this chapter, as appropriate, the 30-day user fee will be effective as of the first day for which the importer has reserved the space and for the entirety of the reservation, regardless of whether the user occupies the space on that date or not.
( 3 ) Users must provide APHIS personnel at the Animal Import Center, at the time they make a reservation for quarantine space, with the following information: ( i ) Species of animals and birds to be quarantined;
( ii ) Ages of animals and birds to be quarantined; and
( iii ) Sizes of animals and birds to be quarantined.
( 4 ) ( i ) APHIS personnel at the Animal Import Center will determine, based on the information provided by the importer under paragraph (b)(3) of this section, and on routine husbandry needs, the maximum number of animals and birds permitted in the requested building.
( ii ) If APHIS personnel at the Animal Import Center determine the number of animals and birds requested by the importer can be housed in the space requested, but two animal health technicians cannot fulfill the routine husbandry needs of the number of animals or birds proposed by the importer, then the importer must either: ( A ) Pay for additional services on an hourly basis; or
( B ) Reduce the number of animals or birds to be quarantined to a number which APHIS personnel at the Animal Import Center determine can be handled by two animal health technicians.
( iii ) If the importer requests additional services, then APHIS will calculate the user fees for any service rendered by an APHIS representative at the hourly rate user fee found online at *www.aphis.usda.gov/business-services/vs-fees .*
( iv ) The importer must either provide feed or pay for it on an actual cost basis, including the cost of delivery to the APHIS owned or operated Animal Import Center or quarantine facility, for any animal or bird that requires a diet other than standard feed, including but not limited to diets of fruit, insects, nectar, or fish.
( d ) *User fees for inspection of live animals at land border ports along the United States-Canada border.* 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 found online at *www.aphis.usda.gov/business-services/vs-fees .*
( e ) *User fees for pet birds.* ( 1 ) Based on the information provided to APHIS personnel, APHIS personnel at the Animal Import Center or other APHIS owned or supervised quarantine facility will determine the appropriate number of birds that should be housed per isolette.
( 2 ) If the importer requests additional services, then APHIS will calculate the user fees for those services at the hourly rate user fee found online at *www.aphis.usda.gov/business-services/vs-fees* for each employee required to perform the service.
( f ) *User fees for endorsing export certificates.* ( 1 ) User fees for the endorsement of export health certificates that require the verification of tests or vaccinations are found online at *www.aphis.usda.gov/business-services/vs-fees .* APHIS will calculate the user fees to apply to each export health certificate endorsed[1] for animals and birds based on the number of animals or birds covered by the certificate and the number of tests or vaccinations required. However, there will be a maximum user fee of 12 times the hourly rate user fee.
( 2 ) If an export certificate covers more than one animal, but the number of tests required for different animals are not the same, the user fee for the certificate is the fee which would be due if all the animals on the certificate required the same number of tests as the animal which requires the greatest number of tests.
( 3 ) The user fees referenced in this section will not apply to an export health certificate if: ( i ) An APHIS veterinarian prepares the certificate for endorsement completely at the site of the inspection in the course of performing inspection or supervision services for the animals listed on the certificate; and
( ii ) An APHIS user fee is payable under § 130.4 for the inspection or supervision services performed by the veterinarian.
( 4 ) 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.
( g ) *User fees for inspection services outside the United States.* ( 1 ) If inspection services (including inspection, testing, and supervision services) are performed outside the United States, in accordance with this title, and the regulations do not contain a provision for payment of the cost of the service, the person requesting the service must pay a user fee.
( 2 ) Any person who wants APHIS to provide inspection services outside the United States must contact the Animal and Plant Health Inspection Service, Veterinary Services, Strategy and Policy, Live Animal Imports at *LAIE@usda.gov*, to make an agreement.
( 3 ) All agreements for inspection services outside the United States must include: ( i ) Name, mailing address, and telephone number of either the person requesting the inspection services, or his or her agent;
( ii ) Explanation of inspection services to be provided, including the regulations in this chapter which provide for the services;
( iii ) Date(s) and time(s) the inspection services are to be provided;
( iv ) Location (including street address) where inspection services are to be provided;
( v ) An estimate of the actual cost, as calculated by APHIS, to provide the described inspection services for 6 months;
( vi ) A statement that APHIS agrees to provide the inspection services;
( vii ) A statement that the person requesting the inspection services, or, if appropriate, his or her agent, agrees to pay, at the time the agreement is entered into, a user fee equal to the estimated cost of providing the described inspection services for 6 months; and
( viii ) A statement that the person requesting the inspection services, or, if appropriate, his or her agent, agrees to maintain a user fee payment account equal to the cost of providing the described inspection services for 6 months, as calculated monthly by APHIS.
( 4 ) APHIS will enter into an agreement only if qualified personnel can be made available to provide the inspection services.
( 5 ) An agreement can be terminated by either party on 30 days written notice.
( 6 ) If, at the time an agreement is terminated, any unobligated funds remain in the user fee payment account, APHIS will refund the funds to the person who requested the inspection services, or his or her agent.
(Approved by the Office of Management and Budget under control numbers 0579-0015, 0579-0020, 0579-0040, and 0579-0055) Footnotes -
130.3
[1] An export health certificate may need to be endorsed for an animal being exported from the United States if the country to which the animal is being shipped requires one. APHIS endorses export heath certificates as a service.