[Federal Register Volume 62, Number 186 (Thursday, September 25, 1997)]
[Notices]
[Pages 50285-50286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25483]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service
[Docket No. 97-090-1]


User Fees; Agricultural Quarantine and Inspection Services

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: This notice pertains to user fees charged for agricultural 
quarantine and inspection services we provide in connection with 
commercial vessels, commercial trucks, commercial railroad cars, 
commercial aircraft, and international airline passengers arriving at 
ports in the Customs territory of the United States. The purpose of 
this notice is to remind the public of the user fees for fiscal year 
1998 (October 1, 1997 through September 30, 1998).

FOR FURTHER INFORMATION CONTACT: For information concerning program 
Operations, contact Mr. Jim Smith, Operations Officer, Program Support, 
PPQ, APHIS, 4700 River Road Unit 60, Riverdale, MD 20737-1236, (301) 
734-8295.
    For information concerning rate development, contact Ms. Donna 
Ford, User Fees Section Head, FSSB, BAD, APHIS, 4700 River Road Unit 
54, Riverdale, MD 20737-1232, (301) 734-8351.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 7 CFR 354.3 (referred to below as the 
``regulations'') contain provisions for the collection of user fees for 
agricultural quarantine and inspection (AQI) services provided by

[[Page 50286]]

the Animal and Plant Health Inspection Service (APHIS). These services 
include, among other things, inspecting commercial vessels, commercial 
trucks, commercial railroad cars, commercial aircraft, and 
international airline passengers arriving at ports in the Customs 
territory of the United States from points outside the United States. 
(The Customs territory of the United States is defined in the 
regulations as the 50 States, the District of Columbia, and Puerto 
Rico.)
    These user fees are authorized by Sec. 2509(a) of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 136a). This 
statute, known as the Farm Bill, was amended by Sec. 504 of the Federal 
Agriculture Improvement and Reform Act of 1996 (Pub. L. 104-127) on 
April 4, 1996.
    On July 24, 1997, we published in the Federal Register (62 FR 
39747-39755, Docket No. 96-038-3) a final rule to amend the regulations 
by adjusting our user fees for servicing commercial vessels, commercial 
trucks, commercial railroad cars, commercial aircraft, and 
international airline passengers arriving at ports in the Customs 
territory of the United States from points outside the United States 
and by setting user fees for these services for fiscal years 1997 
through 2002. When we established the user fees for fiscal years 1997 
through 2002, we stated that, prior to the beginning of the 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 1998.
    We inspect commercial vessels of 100 net tons or more <SUP>1</SUP>. 
As specified in Sec. 354.3(b)(1), our user fee for inspecting 
commercial vessels will be $454.50 during fiscal year 1998 (October 1, 
1997 through September 30, 1998).
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    \1\ Those commercial vessels subject to inspections are 
specified in 7 CFR, chapter III, part 330 or in 9 CFR, chapter I, 
subchapter D of the regulations. Exemptions to these user fees are 
specified in Sec. 354.3(b)(2).
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    We inspect commercial trucks <SUP>2</SUP> entering the Customs 
territory of the United States. Commercial trucks may pay the APHIS 
user fee each time they enter the Customs territory of the United 
States from Mexico <SUP>3</SUP> or purchase a prepaid APHIS permit for 
a calendar year. Since commercial trucks are also subject to Customs 
user fees, our regulations provide that commercial trucks must prepay 
the APHIS user fee if they are prepaying the Customs user fee. In that 
case, the required APHIS user fee is 20 times the user fee for each 
arrival, and is valid for an unlimited number of entries during the 
calendar year (see Sec. 354.3(c)(3)(i) of the regulations). The truck 
owner or operator, upon payment of the APHIS and the Customs user fees, 
receives a decal to place on the truck windshield. This is a joint 
decal, indicating that both the Customs and APHIS user fees for the 
truck have been paid for that calendar year. As specified in 
Sec. 354.3(c)(1), our user fee for inspecting commercial trucks will be 
$4.00 for individual arrivals and, as specified in Sec. 354.3(c)(2), 
$80.00 for a calendar year 1998 decal.
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    \2\ Those commercial trucks subject to inspections are specified 
in 7 CFR, chapter III, part 330 or in 9 CFR, chapter I, subchapter D 
of the regulations. Exemptions to these user fees are specified in 
Sec. 354.3(c)(2).
    \3\ Section 354.3(c)(2)(i) of the regulations states that 
commercial trucks entering the Customs territory of the United 
States from Canada are exempt from paying an APHIS user fee.
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    We inspect commercial railroad cars <SUP>4</SUP> entering the 
Customs territory of the United States. These user fees may be paid per 
inspection or prepaid. Prepaid user fees cover one calendar year's 
worth of AQI inspections. As specified in Sec. 354.3(d)(1), the user 
fee for this service will be $6.50 per loaded commercial railroad car 
for each arrival or, if user fees are prepaid, $130 (20 times the 
individual arrival fee) for each loaded rail car during fiscal year 
1998 (October 1, 1997 through September 30, 1998).
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    \4\ Those commercial railroad cars subject to inspections are 
specified in 7 CFR, chapter III, part 330 or in 9 CFR, chapter I, 
subchapter D of the regulations. Exemptions to these user fees are 
specified in Sec. 354.3(d)(2).
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    We inspect international commercial aircraft <SUP>5</SUP> arriving 
at ports in the Customs territory of the United States. As specified in 
Sec. 354.3(e)(1), the user fee will be $59.75 during fiscal year 1998 
(October 1, 1997 through September 30, 1998).
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    \5\ Those commercial aircraft subject to inspections are 
specified in 7 CFR, chapter III, part 330 or in 9 CFR, chapter I, 
subchapter D of the regulations. Exemptions to these user fees are 
specified in Sec. 354.3(e)(2).
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    We also inspect international airline passengers <SUP>6</SUP> 
arriving at ports in the Customs territory of the United States. As 
specified in Sec. 354.3(f)(1), the international airline passenger user 
fee will be $2.00 during fiscal year 1998 (October 1, 1997 through 
September 30, 1998).

    \6\ Those international airline passengers subject to 
inspections are specified in 7 CFR, chapter III, part 330 or in 9 
CFR, chapter I, subchapter D of the regulations. Exemptions to these 
user fees are specified in Sec. 354.3(f)(2).
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    Done in Washington, DC, this 22nd day of September 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-25483 Filed 9-24-97; 8:45 am]
BILLING CODE 3410-34-P