6526 Federal Register / Vol. 65, No. 28 / Thursday, February 10, 2000 / Rules and Regulations

experience a slight increase in income

as a result of the interim rule.

Nurseries and Christmas tree growers

that move a substantial number of

shipments interstate from the generally

infested areas would be able to

minimize treatment costs by treating

their premises for gypsy moths under a

compliance agreement with USDA.

Treatment would cost businesses

between $10 and $20 per acre. This

alternative would enable nurseries and

Christmas tree growers to issue their

own certificates for interstate shipments

and would be less costly than treating

individual shipments. The entities that

would be most likely to choose this

alternative are nurseries that move a

substantial number of shipments

interstate from the generally infested

areas and that treat their premises for

other pests in addition to the gypsy

moth. Producers that do not operate

under a compliance agreement with

APHIS, but that treat their premises

under this option, would receive

certification for each shipment from an

inspector.

There are approximately 687 entities

in the newly regulated areas that will

incur costs from the interim rule. These

entities include 286 nurseries, 179

Christmas tree growers, 85 loggers, and

41 sawmills. The vast majority of these

entities are small businesses.

Approximately 100 of the affected

entities are in Indiana. These entities

include 70 nurseries, 20 loggers, and 10

Christmas tree growers. Nurseries in

Indiana sold an average of $127,206

worth of crops in 1997, and Christmas

tree growers had average sales of

$16,332. Average sales figures for

loggers and sawmills in Indiana are not

available, but nationwide, loggers and

sawmills averaged sales of $3.3 million

in 1992. Only about 10 percent of the

affected entities’ shipments are expected

to leave the generally infested area, and

only half of those, or 5 percent overall,

will require treatment.

Approximately 187 of the affected

entities are in Michigan. There are

approximately 19 nurseries and 168

Christmas tree growers in the newly

regulated areas. We do not expect that

any treatments will be necessary for

shipments from the newly regulated

areas in Michigan because gypsy moth

populations are low in those areas due

to climatic conditions. However, time,

salary, and recordkeeping costs for selfinspections will be incurred for

shipments leaving the regulated areas.

We estimate that 50 percent of the

Christmas trees, 20 percent of the logs,

and less than 2 percent of the nursery

stock produced in the newly regulated

areas are shipped interstate to

noninfested areas. Nurseries and

Christmas tree growers will also incur a

$30 per acre fee for gypsy moth

inspections, which are mandated by the

State as a licensing requirement. This

inspection fee represents about 1.5

percent of the average per-acre value of

sales of harvested cut Christmas trees in

Michigan in 1997.

Approximately 240 of the affected

entities are in Ohio, including 135

nurseries, at least 96 Christmas tree

growers, and 9 sawmills. Nurseries in

the newly regulated areas had average

sales of $19,218 in 1997, while

Christmas tree growers averaged

$22,505. Sawmills averaged $1.7 million

in shipments in 1992, indicating that at

least some of them are not small

businesses. We do not know how many

shipments are likely to be shipped out

of the newly regulated areas in Ohio.

There are approximately 98 affected

entities in Virginia and 62 affected

entities in Wisconsin. However, we do

not anticipate any additional costs for

entities in the newly regulated areas in

Virginia and Wisconsin since they do

not send shipments interstate from the

generally infested areas.

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.

List of Subjects in 7 CFR Part 301

Agricultural commodities, Plant

diseases and pests, Quarantine,

Reporting and recordkeeping

requirements, Transportation.

PART 301—DOMESTIC QUARANTINE

NOTICES

Accordingly, we are adopting as a

final rule, without change, the interim

rule that amended 7 CFR part 301 and

that was published at 64 FR 40509–

40511 on July 27, 1999.

Authority: 7 U.S.C.147a, 150bb, 150dd,

150ee, 150ff, 161, 162, and 164–167; 7 CFR

2.22, 2.80, and 371.2(c).

Done in Washington, DC, this 4th day of

February, 2000.

Richard L. Dunkle,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 00–3076 Filed 2–9–00; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Agricultural Research Service

7 CFR Part 505

National Agricultural Library Fees for

Loans and Copying

AGENCY: Agricultural Research Service,

USDA.

ACTION: Final rule.

SUMMARY: The Department of

Agriculture (USDA) is establishing a fee

schedule for loans of materials, and

establishing a fee schedule for copying

of materials from the collections of the

National Agricultural Library. Fees

generated will be used to defray costs of

document delivery and maintenance of

the collection.

DATES: Effective April 1, 2000.

ADDRESSES: Address all correspondence

to Eileen McVey, Access Services

Librarian, Document Delivery Services

Branch, National Agricultural Library,

Agricultural Research Service, Room

300, 10301 Baltimore Ave., Beltsville

MD 20705–2351. Telephone: 301–504-

6503. Email: userfees@nal.usda.gov

FOR FURTHER INFORMATION CONTACT:

Carol Ditzler, Head Document Delivery

Services Branch, National Agricultural

Library, Agricultural Research Service,

Room 300, 10301 Baltimore Ave.,

Beltsville MD 20705–2351.

SUPPLEMENTARY INFORMATION: This rule

was published as a proposed rule for

comment on August 16, 1999. Two

comments were received. One comment

indicated that fee changes were

reasonable and that the price increase

was viewed as having a positive effect

upon the ability of patrons to obtain

materials. The second comment viewed

the increase in fees as excessive in terms

of photocopying. The National

Agricultural Library believes the fees are

comparable to those of other research

libraries. A random sampling of 15

academic and research libraries that do

charge flat fees indicated a photocopy

charge that ranged from a low of $8.00

when using OCLC IFM service to a high

of $25.00 for non-IFM requests. (IFM is

a service provided by the Online

Computer Library Center (OCLC) in

Dublin, Ohio, which credits and debits

charges for libraries that participate

resulting in a reduction of costs for

invoicing.) The library, therefore,

considers a flat fee of $13.00 for

photocopies on the low side of a median

cost for such services.

Classification

This rule has been reviewed under

Executive Order 12866, and it has been

Federal Register / Vol. 65, No. 28 / Thursday, February 10, 2000 / Rules and Regulations 6527

determined that it is not a ‘‘significant

regulatory action’’ rule because it will

not have an annual effect on the

economy of $100 million or more or

adversely and materially affect a sector

of the economy, productivity,

competition, jobs, the environment,

public health or safety, or State, local,

or Tribal governments or communities.

This rule will not create any serious

inconsistencies or otherwise interfere

with actions taken or planned by

another agency. It will not materially

alter the budgetary impact of

entitlement, grants or user fees, or loan

programs, or the rights and obligations

of recipients thereof, and does not raise

novel legal or policy issues arising out

of legal mandates, the Presidents’s

priorities, or principles set forth in

Executive Order 12866.

Regulatory Flexibility Act

The Department of Agriculture

certifies that this rule will not have a

significant impact on a substantial

number of small entities as defined in

the Regulatory Flexibility Act, Pub. L.

No. 96-534, as amended (5 U.S.C. 601,

et seq.).

Paperwork Reduction Act

In accordance with the Office of

Management and Budget (OMB)

regulations (5 CFR part 1320) which

implement the Paperwork Reduction

Act of 1995 (44 U.S.C. chapter 35), the

information collection and record

keeping requirements that will be

imposed in implementation of this

proposed rule have been submitted to

OMB. This collection was approved by

OMB on September 30, 1999, with OMB

NO.: 0518–0027 and an expiration date

of 09/30/2002.

Background

Section 1410A of the National

Agricultural Research, Extension, and

Teaching Policy Act of 1977 (7 U.S.C.

3125a), as added by section 1606(a) of

Pub. L. 101–624, expanded existing

statutory authorities for the NAL. In

particular, section 1410A(e) authorized

the NAL Director to make copies of NAL

bibliographies, to make microforms and

other reproductions of books and other

library materials in USDA, to provide

any other library and information

products and services, and to sell those

products and services at such price (not

less than the total costs of disseminating

the products and services) as the

Secretary of Agriculture deems

appropriate. Receipts from such sales

must be deposited to the credit of

appropriations available to the NAL and

remain available until expended.

Currently, USDA regulations (7 CFR

part 1, Appendix A) supply a fee

schedule for copying of NAL materials

requested under the Freedom of

Information Act (FOIA), 5 U.S.C. 552.

NAL in this regulation adopts a fee

schedule for copying of NAL materials

pursuant to interlibrary loan or other

research requests, and to cover the costs

of interlibrary loans of materials from

NAL collections.

Fee Schedule for Loans of Materials

From the NAL Collection

The NAL will charge fees for

interlibrary loans of original materials

from the NAL collection to other nonFederal and non-USDA libraries and

institutions in the United States and

Canada. By original materials, it is

meant that NAL will provide loans of

original works, and not copies, except in

rare instances where works are too

fragile or valuable for shipment.

Libraries are encouraged to obtain

materials locally and to view the NAL

as a library of last resort. Loans directly

to individuals are not permitted.

A flat fee per loaned item will be

charged. Fees generated will be used to

recover actual processing costs and to

offset general wear and tear on the

collection when items are loaned. The

amount is based on a study of current

library costs and market comparisons.

There will be no charge for renewals.

Costs for replacement of lost or

damaged materials will be the actual

cost to purchase a replacement or a flat

fee if the exact cost cannot be

determined. A processing cost will be

added to all lost or damaged materials.

Fee Schedule for Paper Copying,

Duplication, and Reproduction Services

from the NAL Collection

The NAL will charge a fee for

photocopying and reproduction services

separate from the fee schedule

applicable to FOIA requests under 7

CFR part 1, Appendix A, for paper

copying, duplication, and reproduction

services provided to non-USDA and

non-federal libraries and institutions in

the United States. These services will be

provided only in response to an

interlibrary loan request from a library.

Use of the interlibrary loan system

ensures that NAL receives the request in

an appropriate form and format for

response. In some exceptions, services

will be provided for requests from

individuals who have not been able to

obtain materials through their local

resources or who have made special

arrangements with the Special

Collections section using their forms.

Copying of articles is subject to a

maximum limitation of 50 pages per

article for purposes of copyright

compliance. This is based on CONTU

Guidelines (National Commission on

New Technological Uses of Copyright

Works), and the Code of Federal

Regulations (Title 17, and Title 37,

Volume 1).

The NAL will charge in its schedule

of fees for photocopying of paper

materials and paper copying of

microfiche or microfilm. NAL is

switching from a per page-based charge

to a per item flat fee because,

historically, the average request is

between 10 and 20 pages. Establishing

a flat fee allows the customer to estimate

their costs more effectively and allows

the library to eliminate the cost of

multiple steps currently necessary in

determining pro-rated fees. Fees

established are based on actual costs

(staffing, contract costs, supplies, copier

maintenance, normal wear and tear on

the collection, delivery costs, etc.) as

well as based on a review of comparable

fees across the nation charged by other

research and academic libraries. All fees

will apply to non-USDA and nonfederal library requests that meet

standard interlibrary loan format

requirements and apply to copying of

materials from the NAL collections

only.

NAL also will charge a flat rate for the

costs of duplication of NAL owned

microfiche and microfilm. Photographic

services from NAL Special Collections

will be charged at cost for reproduction

of the photo product, plus a flat rate for

preparation costs.

Payment Submission Requirements

The National Technical Information

Service (NTIS) within the United States

Department of Commerce provides a

number of services to Federal Agencies,

one of which is billing and collection

services. NAL uses NTIS as the

preferred method for invoicing and

payment of fees under this fee schedule.

Use of NTIS by NAL is preferred

because it is the only agency currently

providing this service to Federal offices.

NAL encourages institutional users to

establish deposit accounts with NTIS if

needed. Payment for services will be

made by check, money order or credit

card in U.S. funds directly to the NTIS

upon receipt of an invoice from NTIS.

Subject to service charges for the actual

costs of performing the invoicing

service, funds received by NTIS will be

returned to NAL to the credit of the

appropriation account charged with the

costs of providing the loan or copying

service.

6528 Federal Register / Vol. 65, No. 28 / Thursday, February 10, 2000 / Rules and Regulations

List of Subjects in 7 CFR Part 505

Agricultural research, Agriculture,

Libraries, Research, User fees.

For the reasons set out in the

preamble, chapter V of Title 7 of the

Code of Federal Regulations is amended

as set forth below:

Part 505 is added to read as follows:

PART 505—NATIONAL

AGRICULTURAL LIBRARY FEES FOR

LOANS AND COPYING

Sec.

505.1 Scope and purpose.

505.2 Fees for loans of materials in library

collections.

505.3 Fees for copying, duplicating, and

reproduction of materials in library

collections.

505.4 Reserved.

505.5 Reserved.

505.6 Payment of fees.

Authority: 5 U.S.C. 301; 7 U.S.C. 3125a.

§ 505.1 Scope and purpose.

These regulations establish fees for

loans, paper copying, duplication, or

reproduction of materials in the

collections of the National Agricultural

Library (NAL) within the United States

Department of Agriculture (USDA).

§ 505.2 Fees for loans of materials in

library collections.

(a) NAL will make loans of original

materials from its collections, and

charge fees for such loans, to other nonFederal and non-USDA libraries and

institutions in the United States and

Canada only. Loans will not be made

directly to individuals.

(b) Loans will be made at a flat fee of

$15.00 per loaned item.

(c) Cost for replacement of lost or

damaged items will be the actual cost to

purchase a replacement plus a $50.00

processing fee; or if the cost cannot be

determined, a flat rate of $75.00 for

monographs or $150.00 for audiovisuals

per item, plus a $50.00 processing fee.

(d) All services in this section will

incur a billing surcharge per invoice

generated in addition to the above fees

which may change as vendor’s charges

change. This fee, currently $10.00, is

billed as a direct cost recovery based on

charges to the library by the billing

vendor. Interlibrary loan requests

submitted by participants in the ILL Fee

Management (IFM) program under the

Online Computer Library Center, Inc.

(OCLC) will not incur the billing

surcharge as their activities will not

generate an invoice.

§ 505.3 Fees for paper copying,

duplicating, and reproduction of materials

in library collections.

(a) Photocopy reproduction of paper

copy will be set as a flat fee of $13.00

for domestic requests and $16.00 for

international requests for each

document requested with a maximum of

50 pages per article for copyright

compliance. Materials delivered to

international addresses via the Internet

will be charged at the domestic rate.

Photocopy reproduction of paper copy

that requires special handling due to

size or condition will incur special

handling fees to recover costs at $20.00

per half hour or fraction thereof.

(b) Paper copies of microfilm or

microfiche will be produced at a flat fee

of $13.00 for requests delivered

domestically and $16.00 for requests

requiring delivery to a international

address. This charge is for each

document requested with a maximum of

50 pages per article for copyright

compliance.

(c) Duplication of NAL owned

microfiche will be charged a flat fee of

$13.00 per each 5 microfiche duplicated

or fraction thereof. Duplication of NAL

owned microfilm will be charged a flat

fee of $20.00 for each reel produced.

(d) Photographic services from NAL

Special Collections will be charged at

cost for reproduction of the photo

product (slides, transparencies, etc.)

plus a preparation fee of $25.00 per half

hour or fraction thereof.

(e) All services in this section will

incur a billing surcharge, currently

$10.00, per invoice generated in

addition to the above fees. This fee is a

direct cost recovery based on charges to

the library by the billing vendor and is

subject to change. Interlibrary loan

requests submitted by participants in

the IFM program on OCLC will not

incur the billing surcharge as their

activities will not generate an invoice.

§ 505.4 Reserved.

§ 505.5 Reserved.

§ 505.6 Payment of fees.

Charges which include billing and

handling will be invoiced quarterly by

the National Technical Information

Service (NTIS) of the United States

Department of Commerce. The NAL

encourages users to establish deposit

accounts with NTIS. Payment for

services will be made by check, money

order or credit card in U.S. funds

directly to the NTIS upon receipt of

invoice from NTIS. Subject to a

reduction for the actual costs of

performing the invoicing service by

NTIS, all funds received will be

returned to NAL for credit to the

appropriations account charged with the

cost of processing the loan or copying

request.

Done at Washington, D.C.

Edward B. Knipling,

Acting Administrator, Agricultural Research

Service.

[FR Doc. 00–2875 Filed 2–9–00; 8:45 am]

BILLING CODE 3410–03–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 985

[Docket No. FV00–985–3 IFR]

Marketing Order Regulating the

Handling of Spearmint Oil Produced in

the Far West; Revision of the Salable

Quantity and Allotment Percentage for

Class 3 (Native) Spearmint Oil for the

1999–2000 Marketing Year

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This rule increases the

quantity of Class 3 (Native) spearmint

oil produced in the Far West that

handlers may purchase from, or handle

for, producers during the 1999–2000

marketing year. This interim final rule

increases the Native spearmint oil

salable quantity by 102,311 pounds

from 1,125,755 pounds to 1,228,066

pounds, and the allotment percentage

by 5 percent from 55 percent to 60

percent. The Spearmint Oil

Administrative Committee (Committee),

the agency responsible for local

administration of the marketing order

for spearmint oil produced in the Far

West, recommended this rule to avoid

extreme fluctuations in supplies and

prices and thus help to maintain

stability in the Far West spearmint oil

market.

DATES: Effective on February 11, 2000

through May 31, 2000; comments

received by April 10, 2000 will be

considered prior to issuance of a final

rule.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this rule. Comments must be

sent to the Docket Clerk, Fruit and

Vegetable Programs, AMS, USDA, room

2525–S, P.O. Box 96456, Washington,

DC 20090–6456; Fax: (202) 720–5698, or

E-mail: moab.docketclerk@usda.gov. All

comments should reference the docket

number and the date and page number

of this issue of the Federal Register and