[Federal Register Volume 63, Number 85 (Monday, May 4, 1998)]
[Proposed Rules]
[Pages 24473-24500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11776]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 130

[Docket No. 94-115-1]
RIN 0579-AA70


Veterinary Diagnostic Services User Fees

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: We are proposing to revise user fees for veterinary diagnostic 
services to reflect changes in operating costs and changes in 
calculations. In addition, we are proposing to add new user fees to 
cover the costs of additional veterinary diagnostic services. In 
addition, we propose to reorganize these user fees by type of service 
and location where the service is provided, and to group reagents into 
categories. We are also proposing to revise user fees for the use of 
animal import centers operated by the Animal and Plant Health 
Inspection Service, and to add new user fees for new spaces. These 
actions are necessary to ensure that we recover our costs. The Food, 
Agriculture, Conservation, and Trade Act of 1990, as amended, 
authorizes us to set and collect these user fees.

DATES: Consideration will be given only to comments received on or 
before July 6, 1998.

ADDRESSES: Please send an original and three copies of your comments to 
Docket 94-115-1, Regulatory Analysis and Development, PPD, APHIS, suite 
3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comments refer to Docket No. 94-115-1. Comments received may 
be inspected at USDA, room 1141, South Building, 14th Street and 
Independence Avenue SW., Washington, DC, between 8 a.m. and 4:30 p.m., 
Monday through Friday, except holidays. Persons wishing to inspect 
comments are requested to call ahead on (202) 690-2817 to facilitate 
entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: For information concerning services 
provided for live animals and germ plasm, contact Dr. Gary S. Colgrove, 
Chief Staff Veterinarian, National Center for Import and Export, VS, 
APHIS, 4700 River Road Unit 38, Riverdale, MD 20737-1231; (301) 734-
3294.
    For information concerning services provided for veterinary 
diagnostics, contact Dr. James E. Pearson, Director,

[[Page 24474]]

National Veterinary Services Laboratories, VS, APHIS, P.O. Box 844, 
Ames, IA 50010; (515) 239-8266.
    For information concerning program operations for Veterinary 
Services, contact Ms. Louise Lothery, Director, Veterinary Services 
Resource Management Staff, APHIS, 4700 River Road Unit 44, Riverdale, 
MD 20737-1231; (301) 734-7517.
    For information concerning rate development of the proposed user 
fees, contact Ms. Donna Ford, Section Head, Financial Systems and 
Services Branch, Budget and Accounting Division, APHIS, 4700 River Road 
Unit 54, Riverdale, MD 20737-1232; (301) 734-8351.

SUPPLEMENTARY INFORMATION:

Background

User Fees Authorized Under the Farm Bill

    The Food, Agriculture, Conservation and Trade Act of 1990, as 
amended (referred to below as the Farm Bill), authorizes the Secretary 
to prescribe regulations and collect fees to reimburse the Secretary 
for the cost of carrying out the provisions of the Federal Animal 
Quarantine Laws that relate to the importation, entry, and exportation 
of animals, articles, or means of conveyance (sec. 2509(c)(1) of the 
Farm Bill). The Farm Bill also authorizes the Secretary of Agriculture, 
among other things, to prescribe regulations and collect fees to 
recover the costs of veterinary diagnostics relating to the control and 
eradication of communicable diseases of livestock or poultry within the 
United States (sec. 2509(c)(2) of the Farm Bill).
    User fees to reimburse the Animal and Plant Health Inspection 
Service (APHIS) for the costs of providing veterinary diagnostic 
services and import-and export-related services for live animals and 
birds and animal products are contained in 9 CFR part 130 (the 
regulations).

Regulations Proposed in This Document

    We propose to revise the user fees for certain veterinary 
diagnostic services, including certain diagnostic tests, reagents, and 
other veterinary diagnostic materials and services. Operating costs 
have increased since these user fees were established in a final rule 
published in the Federal Register on September 1, 1993 (58 FR 38954-
38961, Docket No. 91-021-5). Therefore, the user fees need to be 
revised to reflect the increases. Additional reviews of these user fees 
show that some of the original estimates did not include enough direct 
labor hours and that the direct labor calculations need to be revised 
to accurately reflect the costs of providing services. In reexamining 
our user fees, we believe that a comprehensive overhaul of the 
Veterinary Diagnostics user fees would more accurately recover our 
costs and provide clarity and ease of use for customers needing to look 
up user fees for our tests and other services. As discussed below, this 
overhaul would include reorganizing the presentation of user fees in 
the regulations, grouping reagents into simpler categories, 
implementing new user fees, and revising all of the existing Veterinary 
Diagnostic user fees.
    The proposed user fees increase by varying amounts based on how 
close the existing user fee is to our actual costs. Some user fees 
required modest adjustments while others required large increases. 
These proposed changes are based on recalculating user fees to include 
adequate direct labor hours and use average laboratory employee 
salaries to calculate direct labor costs. The amount of the change 
proposed varies based on individual tests and services; therefore, the 
amount of the changes varies. Overall, we do not expect these proposed 
changes to significantly impact users. In most cases, the historical 
volume, associated with the tests and services for which we propose 
significant increases, is small.
    In addition, we are proposing to add new user fees for other 
veterinary diagnostic services we provide. We continue to provide new 
services as required. We need to add user fees for services that we 
have added since the veterinary diagnostic user fees were first 
established. In addition, we believe that we need to add user fees for 
specific services which may be required or requested and for which 
there are currently no specific user fees. These new user fees are 
discussed in detail later in this document.
    We are proposing two changes in the organization of user fees for 
veterinary diagnostics. First, we would reorganize the user fees by 
type of service and location where the service is provided. Second, we 
would group diagnostic reagents into categories. These changes are 
discussed in detail later in this document.
    Additionally, we propose to revise user fees for the use of APHIS-
operated animal import centers, to cover the costs for birds or poultry 
requiring nonstandard housing, care, or handling and to more accurately 
reflect the space utilization. For example, expenses for offices and 
hallways would be included in the overhead portion of the user fee 
calculation, instead of the user fee portion available to the animals, 
which is higher than the overhead portion of the user fees. We propose 
to add new user fees for the use of new spaces at the APHIS animal 
import center in Newburgh, NY. We propose to revise the user fees 
specified in Sec. 130.8 for import compliance assistance and release 
from agricultural hold to more accurately reflect the cost of the 
services we provide. We also propose miscellaneous changes to the user 
fee regulations to eliminate duplication, add clarity, and incorporate 
provisions of the Debt Collection Improvement Act of 1996.

Veterinary Diagnostics

    Veterinary diagnostics is the work performed in a laboratory to 
determine if a disease-causing organism or chemical agent is present in 
body tissues or cells and, if so, to identify those organisms or 
agents. Services in this category include: (1) Performing laboratory 
tests and providing diagnostic reagents and other veterinary diagnostic 
materials and services at the National Veterinary Services 
Laboratories' (NVSL) Foreign Animal Disease Diagnostic Laboratory 
(FADDL) at Greenport, NY, and (2) performing identification, serology, 
and pathobiology tests and providing veterinary diagnostic reagents and 
other materials and services at NVSL at Ames, IA. Diagnostic reagents 
are biological materials used in diagnostic tests to detect disease 
agents or antibodies by causing an identifiable reaction. We also 
consider sterilization by gamma radiation to be a veterinary 
diagnostics service. Other miscellaneous veterinary diagnostic services 
include, but are not limited to, providing check tests, test kits, 
manuals, standard operating procedures, and training.
    We have reviewed the user fees that we charge for these services 
and have determined that we need to revise the amount of these user 
fees to reflect changes in costs and to recover the full cost of 
providing veterinary diagnostic services. We are also proposing to add 
new user fees to cover all veterinary diagnostic services. All of the 
proposed veterinary diagnostic user fees are listed below by type of 
service.
    Currently, the Veterinary Diagnostic user fees are contained in 
Secs. 130.14-130.18 of the regulations. The regulations separately list 
user fees for tests at NVSL and FADDL; reference assistance tests at 
NVSL; diagnostic reagents at NVSL; diagnostic reagents, slide sets, and 
tissue sets at NVSL and FADDL; and sterilization by gamma radiation. 
The proposed regrouping of tests into identification, serology, or 
pathobiology tests and the regrouping of

[[Page 24475]]

reagents by bacteriology or virology type will be much easier for 
customers and the laboratories to reference. Due to the differences 
between requirements for tests being performed at NVSL and FADDL, we 
believe that user fees for these tests and services should be listed by 
location. In this proposal, all FADDL fees are listed in a single 
section (9 CFR 130.14). In addition, reference assistance tests are 
tests performed at NVSL, and the regulations currently unnecessarily 
duplicate these user fees. Therefore, we believe that all NVSL tests 
should be listed together.
    In order to clarify, simplify, and eliminate redundancy, we are 
proposing to reorganize the veterinary diagnostic user fees into the 
following sections. Proposed Sec. 130.14 would include user fees for 
laboratory tests, reagents, and other veterinary diagnostics services 
we perform at FADDL. Proposed Sec. 130.15 would include user fees for 
laboratory tests we perform to isolate and identify pathogenic agents 
at the Diagnostic Bacteriology Laboratory (DBL) and at the Diagnostic 
Virology Laboratory (DVL) at NVSL. Proposed Sec. 130.16 would include 
user fees for laboratory tests we perform as part of serology testing 
at DBL and DVL at NVSL. Proposed Sec. 130.17 would include user fees 
for toxicological and other tests performed by the Pathobiology 
Laboratory (PL) at NVSL. Proposed Sec. 130.18 would include user fees 
for diagnostic reagents we provide from NVSL. Proposed Sec. 130.19 
would include user fees for other veterinary diagnostics services we 
provide at NVSL (e.g., check tests, test kits, manuals, standard 
operating procedures, and training).
    Currently, Sec. 130.49 specifies exemptions to user fees for 
veterinary diagnostic services listed in Secs. 130.14 through 130.18. 
These exemptions would still apply to all of our veterinary diagnostic 
services. Therefore, we propose to revise Sec. 130.49 to specify that 
the exemptions apply to veterinary diagnostic services listed in 
Secs. 130.14 through 130.19.

Components of Proposed User Fees

    The user fees proposed in this document are based on fiscal year 
1998 salaries, more accurate estimates of the average number of direct 
labor hours required to provide each service, and average salaries for 
the laboratory where the work is performed. The proposed user fees have 
been calculated to recover the full costs for tests, diagnostic 
reagents, and other veterinary diagnostic services. These costs include 
direct labor, administrative support, premium costs (if any), Agency 
overhead costs, and Departmental charges. These components are 
described below.
    We propose to charge a specific dollar amount for each service we 
provide; that is, each test we perform or each diagnostic reagent or 
other veterinary diagnostic service we provide. We have attempted to 
minimize the cost of our services, thereby keeping APHIS user fees at 
the lowest possible level. If, in the future, a user requests a test, 
diagnostic reagent, or other veterinary diagnostic material or service 
that is not on the list, we would charge the proposed hourly user fee 
for the amount of time required to perform the service, calculated to 
the nearest quarter of an hour.
    Each user fee varies based on the direct labor hours required to 
perform the test or provide the diagnostic reagent or other veterinary 
diagnostic material or service. For example, the time spent by 
laboratory personnel to prepare a sample and conduct and read the test 
would be part of the direct labor hours for testing a tissue sample for 
disease-causing organisms. In cases where a test is performed for more 
than one disease, it may take different amounts of time for each 
disease. Those times have been averaged to calculate the user fee. We 
have carefully calculated all of our proposed user fees to correctly 
reflect the direct labor hours required for each test, reagent, or 
service. We took into account variations in the time needed to provide 
a service by determining the average time necessary.
    Direct labor costs are the average salary and benefit costs of the 
laboratory employees performing the service multiplied by the direct 
labor hours required. Average costs were used to calculate direct labor 
costs because we have determined that it is more accurate to use the 
average salary for the laboratory employees to calculate the user fee. 
Currently, some veterinary diagnostics user fees are based on salary 
and benefit costs for a specific employee at the laboratory. We have 
determined that this does not accurately reflect the cost of providing 
services, because in many cases various employees at different salaries 
may perform part or all of a test or service. The calculations for 
these proposed user fees are consistent with the calculations used for 
the other user fees throughout 9 CFR part 130.
    Administrative support costs are incurred at the local level, that 
is, at the laboratories. They include clerical and administrative 
activities; direct materials; indirect labor hours; travel and 
transportation for personnel, supplies, equipment, and other necessary 
items; training; legal counsel; general supplies for offices, 
washrooms, cleaning, etc.; contractual services; grounds maintenance; 
and utilities. Direct materials include the cost of any materials 
needed to conduct the test or provide the diagnostic reagent, slide 
set, tissue set, or service. For example, direct materials for 
conducting a laboratory test include, but are not limited to, 
glassware, chemicals, and other supplies necessary to perform the test. 
These direct materials are included in administrative support costs 
because they are standard laboratory supplies and not purchased solely 
for a specific test. Indirect labor hours include supervision of 
personnel and time spent doing necessary work that is not directly 
connected with a test, diagnostic reagents, or other veterinary 
diagnostic material or service, such as equipment repair. Contractual 
services may include, but are not limited to, guard service and 
maintenance. Some administrative support items may or may not be 
contractual, depending on local circumstances. For example, trash 
pickup may be provided as a utility or a contractual service. However, 
the costs are all administrative support. Utilities include water, 
telephone, electricity, natural and propane gas, heating and diesel 
oil. The costs of administrative support are applied as a percentage of 
the base direct labor amount. At NVSL, administrative support is 113 
percent of direct labor, and, at FADDL, administrative support is 625 
percent of direct labor.
    Premium costs are expenses that are incurred solely for a specific 
test or service. For example, certain tests require expensive reagents 
in addition to the direct labor time and laboratory materials included 
in administrative support costs. Premium costs required for the 
proposed flat rate user fees have already been included in the 
calculations. Any premium costs required for hourly rate user fees 
would be added to the calculated user fee. For example, the polymerase 
chain reaction test would be performed for an hourly rate user fee, and 
any applicable royalties for this test would be added to the calculated 
hourly rate user fee.
    Agency overhead is the pro-rata share, attributable to a particular 
diagnostic reagent, material, or veterinary diagnostic service, of the 
management and support costs for all Agency activities at the regional 
level and above. Also included are the costs of providing budget and 
accounting services, management support at the headquarters and 
regional level, including the Administrator's office, and personnel 
services, public

[[Page 24476]]

information services, and liaison with Congress.
    Departmental charges are APHIS's share, expressed as a percentage 
of the total cost, of services provided centrally by the U.S. 
Department of Agriculture. Services the Department provides centrally 
include the Federal telephone service; mail; National Finance Center 
processing of payroll, billing, collections, and other money 
management; unemployment compensation; Office of Workers Compensation 
Programs; and central supply for storing and issuing commonly used 
supplies and Departmental forms. The Department informs APHIS as to how 
much the agency owes for these services. We have included a pro-rata 
share of these Departmental charges, as attributed to a particular 
test, diagnostic reagent, or other veterinary diagnostic material or 
service, in our user fee calculations.

Rounding

    When we first adopted user fees, we determined that it was 
reasonable that our user fees for veterinary diagnostic services should 
be rounded up to the nearest quarter. This is necessary to ensure that 
we collect enough revenue to cover the costs of providing these 
services. If we were to round down, many user fees would be lower than 
the cost of the service. As we do not have a reserve fund, there would 
be no immediate funds for us to draw on to make up the deficiency.
    We have considered changing the rounding of user fees from rounding 
up to the nearest quarter to rounding up to the nearest dollar to make 
administration less burdensome and to simplify collections and 
accounting. We realize that rounding to the next whole dollar would add 
to the balance of overall user fees collected. The magnitude of this 
additional amount varies by user fee category, and would vary similarly 
in fees we intend to propose in the future, if the same technique were 
used. We would monitor the effects of rounding to the next whole dollar 
on the balances in the account and propose adjustments in the fees as 
necessary. We invite comments specifically addressing the advantages 
and disadvantages of this rounding technique. Such a change in our 
approach to rounding would be reflected in future APHIS user fee 
rulemaking.

Calculation of Proposed User Fees

    The basic steps in the calculation, for each particular service, 
are: (1) Calculate direct labor costs by determining the average amount 
of direct labor required to perform the service and multiply the 
average direct labor hours by the average salary and benefit costs for 
laboratory employees; (2) calculate the pro-rata share of 
administrative support; (3) determine the premium costs (if any); (4) 
calculate the pro-rata share of Agency overhead and Departmental 
charges, respectively; (5) add all costs; and (6) round total cost up 
to the nearest quarter.
    The result of these calculations is a user fee that covers the 
total cost to perform a particular test or provide a particular 
veterinary diagnostic material or service one time, rounded up to the 
nearest quarter.
    We have individually calculated costs for each veterinary 
diagnostic test and service based on the formula shown in Table 1, FY 
98 User Fee Calculations.
    As is the case with all APHIS user fees, we intend to review, at 
least annually, the user fees proposed in this document. We will 
publish any necessary adjustments in the Federal Register.

FADDL Costs Compared to NVSL Costs

    Readers may note that our proposed user fees for tests performed at 
FADDL are higher than our proposed user fees for the same tests 
performed at NVSL. Both FADDL and NVSL work with infectious and 
contagious disease agents. However, FADDL, which is isolated from the 
United States mainland, is designed to work specifically with highly 
infectious diseases exotic to the United States. Because of this, 
special biosecurity measures are required at FADDL that are not 
required at NVSL. As a result, FADDL operating costs are higher than 
NVSL operating costs. The higher FADDL operating costs are incorporated 
into the Administrative support costs; in addition to the typical 
administrative support costs, FADDL, as a high-tech facility requiring 
special biosecurity measures, generates additional, higher expenses. 
Primarily, the rent for the facility is significantly higher than for a 
standard laboratory. In addition, since FADDL must be located on an 
island, all employees and supplies must be transported by boat to the 
facility, therefore, high transportation expenses are included. The 
user fees we are proposing reflect this difference in costs.

                                      Table 1.--FY 98 User Fee Calculations                                     
                                    [Example using one hour of direct labor]                                    
----------------------------------------------------------------------------------------------------------------
                                                                                  Laboratory                    
                                                             ---------------------------------------------------
                     User fee component                                        NVSL                             
                                                             ---------------------------------------    FADDL   
                                                                  DVL          DBL           PL                 
----------------------------------------------------------------------------------------------------------------
Laboratory average grade and step for salary................     GS10-5       GS9-4        GS12-5       GS11-4  
Hourly salary rate..........................................       $18.97       $16.33       $24.72       $20.30
+Benefits (calculated as a % of salary).....................        $4.15        $3.58        $5.41        $4.44
= Average laboratory salary and benefits....................       $23.12       $19.91       $30.13       $24.74
x Direct labor time (in hours)..............................            1            1            1            1
= Direct labor costs (salary and benefits)..................       $23.12       $19.91       $30.13       $24.74
+ Administrative support costs\1\ (113% of direct labor at                                                      
 NVSL, 625% of direct labor at FADDL).......................       $26.13       $22.50       $34.05      $154.63
                                                             ---------------------------------------------------
+ Premium costs (if any)....................................        $0.00        $0.00        $0.00        $0.00
                                                             ---------------------------------------------------
      Subtotal 1............................................       $49.25       $42.21       $64.18      $179.37
                                                             ---------------------------------------------------
+ Agency overhead (16.15% of subtotal 1)....................        $7.95        $6.85       $10.37       $28.97
                                                             ===================================================
      Subtotal 2............................................       $57.20       $49.26       $74.55      $208.34
                                                             ---------------------------------------------------
+ Departmental charges (5.55% of subtotal 2)................        $3.17        $2.73        $4.14       $11.46
                                                             ===================================================

[[Page 24477]]

                                                                                                                
      Subtotal 3 \2\........................................       $60.37       $51.99       $78.69      $219.80
                                                             ---------------------------------------------------
+ Rounding up to the nearest $0.25..........................        $0.13        $0.01        $0.06        $0.20
                                                             ===================================================
      User fee..............................................       $60.50       $52.00       $78.75      $220.00
----------------------------------------------------------------------------------------------------------------
\1\ For every $1 incurred in direct labor at NVSL, another $1.13 is incurred in administrative support costs.   
  For every $1 incurred in direct labor at FADDL, another $6.25 is incurred in administrative support costs.    
\2\ If the total direct labor time used produced more than one unit, then Subtotal 3 would be divided by the    
  total number of units produced at this point. For example, when diagnostic reagents are produced, more than   
  one unit of the reagent is produced in a batch, i.e., it takes approximately 54 hours to produce a batch of   
  200 individual 1 ml units of glanders CF antigen. Therefore, the subtotal would be divided by 200 to estimate 
  the cost for a 1 ml unit.                                                                                     

Discounts

    Currently, in Secs. 130.14, 130.15, and 130.16 we discount user 
fees for the second and subsequent tests with multiple antigens 
performed on the same submission at FADDL and NVSL for the following 
tests: Complement fixation, hemagglutination inhibition, and virus 
neutralization. For example, in Secs. 130.14 and 130.16, the user fee 
for a complement fixation test at NVSL is $9.00 for the first test 
performed on a sample and $2.00, or $1.80 (20 percent of $9.00) rounded 
up to the nearest quarter of a dollar, for the second and each 
subsequent complement fixation test on the same sample. As explained 
below, we are proposing to revise these discounts by (1) eliminating 
the discounts for tests performed at FADDL, (2) eliminating the 
discounts when the tests are performed for certain diseases, and (3) 
revising the way the discounts are applied. In addition, we propose to 
add discounts for several tests.
    We have reviewed the costs for tests at FADDL that are currently 
listed in Sec. 130.15 and have determined that, due to differences in 
workload, each subsequent test performed on a sample at FADDL costs the 
same as the first test. The discounted user fees have not recovered the 
full costs for tests performed at FADDL, and we propose to eliminate 
discounts at FADDL that are currently listed in Sec. 130.15.
    We have reviewed the costs for tests at NVSL (other than FADDL) 
that are currently listed in Secs. 130.14 and 130.16 and have 
determined that the current discounts do not recover the full costs of 
performing the tests. For example, testing related to equine 
piroplasmosis, bovine plasmosis, dourine, and glanders require 
monoclonal antibodies that are expensive to produce. Because it costs 
as much to do each subsequent test, we do not recover our actual costs 
when we discount tests for these diseases. In addition, a certain 
amount of time and effort is required to prepare reagents and 
appropriate controls to conduct the first 10 of any of the other tests 
for which discounts are offered in Secs. 130.14 and 130.16. Once the 
reagents and controls have been prepared for the first 10 tests, less 
time and effort is necessary to test additional samples and the costs 
are lower for each additional test. Because we discount the second and 
additional tests, the discounted user fees do not cover our actual 
costs to perform these tests. Therefore, we propose to eliminate the 
discount for testing related to equine piroplasmosis, bovine plasmosis, 
dourine, and glanders, and to revise the discounts for the other tests 
to apply to the 11th and subsequent tests of the same type on the same 
sample. The discounted user fee for the 11th and subsequent tests would 
be 20 percent of the proposed user fee for each subsequent test on the 
same submission by the same submitter for the same test and antigen. 
For example, the user fee for the fluorescent antibody test is $9.75, 
and the discounted user fee would be $2.00, or $1.95 (20 percent of 
$9.75) rounded up to the nearest quarter of a dollar.
    We have determined that several additional tests performed at NVSL 
may be appropriate for discounts. Therefore, in proposed 
Secs. 130.15(a) and 130.16 we propose to add discounts for fluorescent 
antibody, indirect fluorescent antibody, and peroxidase linked antibody 
tests. The discounted user fee for the 11th and subsequent tests would 
be 20 percent of the proposed user fee for each subsequent test on the 
same submission by the same submitter for the same test and antigen.

Hourly Rate Veterinary Diagnostic User Fees

    We propose to add an hourly rate user fee for FADDL and NVSL to 
Secs. 130.14(c) and 130.19, respectively. These hourly rate user fees 
would be used for services that do not have an identified flat rate 
user fee (for example, tests and reagents that are not available now 
and those services whose costs would be more accurately represented by 
an hourly rate user fee instead of a flat rate). For example, a per 
slide flat rate user fee for a polymerase chain reaction test would not 
take into account the differences in the time required based on the 
number of slides. Using an hourly rate user fee for the polymerase 
chain reaction test would more accurately reflect the time required to 
perform the test. Therefore, the hourly rate user fee would be charged.
    The hourly rate user fees would be based on the actual time 
required to render the service calculated to the nearest quarter of an 
hour. Any applicable premium costs for hourly rate user fees would be 
added to the calculated user fee. For example, the polymerase chain 
reaction test would be performed for an hourly rate user fee and any 
applicable royalties.
    In addition, we propose to remove the current flat rate user fee in 
Secs. 130.14, 130.15, and 130.16 for histopathology and apply the 
hourly rate user fee to histopathology tests. We believe that the 
hourly rate user fee would provide a more accurate user fee based on 
the amount of time it takes to perform the test versus the flat rate 
user fee based on the number of slides that are tested. We believe that 
this change to an hourly rate user fee would allow for economies of 
scale and therefore, lower charges for tests requiring multiple slides.

[[Page 24478]]

Restructured CFR Sections

    For clarity, simplicity, and ease of use, we are proposing to 
reorganize the veterinary diagnostic user fees in the regulations. 
Currently, the regulations list a separate user fee for each veterinary 
diagnostic test, reagent, and service. These user fees are currently 
grouped in the following manner: Tests related to the importation or 
exportation of animals or birds at NVSL or FADDL (Secs. 130.14 and 
130.15); reference assistance testing for a veterinarian, State animal 
health official, or university to establish or confirm a diagnosis 
(Sec. 130.16); reagents, slide sets, and tissue sets at NVSL or FADDL 
(Sec. 130.17); and sterilization by gamma radiation (Sec. 130.18).
    We are proposing to revise the veterinary diagnostic user fee 
sections to group the user fees based on the type of service and the 
location where the service is provided. Currently, some of the 
veterinary diagnostic user fees are grouped by type of service and 
location. We propose to group all of the veterinary diagnostic user 
fees first by location and second by type of test or service.
    We believe that we no longer need to separately distinguish 
reference assistance testing as is currently done in Sec. 130.16 
because these tests can be performed for reasons other than to 
establish or confirm a diagnosis for a veterinarian, State animal 
health official, or university. Regardless of the reason APHIS conducts 
the test, the user fee would be the same. Therefore, we no longer need 
to duplicate these user fees in a separate section for reference 
assistance testing. User fees for bacterial identification tests and 
toxicology tests, which are currently listed only as reference 
assistance tests, would be incorporated into proposed Secs. 130.15 and 
130.17, respectively. Because we would no longer separate reference 
assistance testing, we also propose to remove the definition for 
reference assistance testing.
    As explained earlier, there are inherent differences between work 
that may be performed at FADDL and work that may be performed at NVSL 
or other authorized import sites (for example, handling foreign 
diseases). Therefore, we propose to group all FADDL user fees together. 
Currently, FADDL user fees are included in Secs. 130.15, 130.16, 
130.17, and 130.18. We propose to incorporate all FADDL user fees into 
a new Sec. 130.14. The FADDL user fees would be grouped by reagents, 
tests, and other veterinary diagnostic services.
    Currently, all NVSL user fees are listed in Secs. 130.14, 130.16, 
and 130.17. We propose to group all NVSL veterinary diagnostic user 
fees by type of test: Identification tests (proposed Sec. 130.15), 
serology tests (proposed Sec. 130.16), and other tests (proposed 
Sec. 130.17). The reagents would also be grouped by the type of 
reagent: Bacteriology and virology (proposed Sec. 130.18). Within these 
reagent groups, we would change the reagent user fees from the current 
user fee for each individual reagent to a user fee for each category of 
reagent. These reagent categories are determined by the composition of 
the reagent and the application for the reagent. Finally, we propose to 
group the remaining other veterinary diagnostic services together 
(proposed Sec. 130.19).

Comparison of Proposed Veterinary Diagnostic User Fees With Current 
User Fees

    The following comparison tables show the proposed changes from the 
current user fees, including the change in the dollar amount and the 
percentage change. When we proposed a new name for a user fee, the 
table lists the current name for comparison purposes. In addition, the 
reagent comparison tables list the specific current reagents that are 
combined into the proposed reagent categories.

FADDL Reagent User Fees

    Table 2 shows the user fees proposed in Sec. 130.14(a) for FADDL 
reagents. We propose to implement three new user fees for FADDL 
reagents. In addition, we propose to move nine user fees for FADDL 
reagents that are currently listed in Sec. 130.17(b) of the regulations 
into Sec. 130.14(a). These nine reagents would be grouped into seven 
reagent categories. All of these user fees would increase.

                        Table 2. User Fees for FADDL Reagents (Proposed Sec.  130.14(a))                        
----------------------------------------------------------------------------------------------------------------
                                                                                           Change in user fee   
          Proposed reagent             Proposed            Unit           Current user -------------------------
                                       user fee                                fee         Amount      Percent  
----------------------------------------------------------------------------------------------------------------
Bovine antiserum, any agent........       $80.00  1 ml..................  ............  ...........  ...........
    (was Bovine antiserum, any       ...........  ......................         $2.50       $77.50         3100
     agent).                                                                                                    
    (was Foot-and-mouth disease      ...........  ......................          5.00        75.00         1500
     anti-VIAA serum).                                                                                          
Caprine antiserum, any agent.......        97.50  1 ml..................          0     ...........  ...........
Cell culture antigen/microorganism.        63.75  1 ml..................  ............  ...........  ...........
    (was ASF-immunosmophoresis       ...........  ......................         60.75         3.00            5
     antigen).                                                                                                  
    (was FMD virus associated        ...........  ......................         36.75        27.00           73
     antigen).                                                                                                  
Equine antiserum, any agent........       100.50  1 ml..................          0     ...........  ...........
Fluorescent antibody conjugate.....       120.25  1 ml..................         48.50        71.75          148
Monoclonal antibody (was Monoclonal       122.75  1 ml..................         14.75       108.00          732
 antibodies, mouse ascitic fluid).                                                                              
Other spp. antiserum, any agent           104.50  1 ml..................         12.75        91.75          720
 (was Anti-FMD antigen, guinea pig                                                                              
 origin).                                                                                                       
Ovine antiserum, any agent.........        94.25  1 ml..................          2.00        92.25         4613
Porcine antiserum, any agent (was          81.25  1 ml..................          2.00        79.25         3963
 Swine antiserum, any agent).                                                                                   
Rabbit antiserum, any agent........        98.50  1 ml..................          0     ...........  ...........
----------------------------------------------------------------------------------------------------------------

FADDL Veterinary Diagnostic Tests User Fees

    Table 3 shows the user fees proposed in Sec. 130.14(b) for FADDL 
veterinary diagnostic tests. We propose to implement five new user fees 
for FADDL veterinary diagnostic tests. We propose to move 12 of the 
user fees currently listed in Sec. 130.15(a) of the regulations into 
Sec. 130.14(b). On average, most of these user fees would increase by 
less than 20 percent.

[[Page 24479]]



              Table 3.--User Fees for FADDL Veterinary Diagnostic Tests (Proposed Sec.  130.14(b))              
----------------------------------------------------------------------------------------------------------------
                                                                                           Change in user fee   
Proposed veterinary diagnostic test    Proposed            Unit           Current user -------------------------
                                       user fee                                fee         Amount      Percent  
----------------------------------------------------------------------------------------------------------------
Agar gel immunodiffusion...........       $14.75  Test..................        $13.50        $1.25            9
Card...............................         8.25  Test..................          0                             
Complement fixation................        33.00  Test..................         30.50         2.50            8
Direct immunofluorescent antibody..        11.00  Test..................          9.50         1.50           16
Enzyme linked immunosorbent assay..        12.75  Test..................         11.00         1.75           16
Fluorescent antibody neutralization        96.00  Test..................         22.00        74.00          336
 (hog cholera).                                                                                                 
Hemagglutination inhibition........        27.75  Test..................          0                             
Immunoperoxidase...................        18.25  Test..................          0                             
Indirect fluorescent antibody......        23.25  Test..................         21.50         1.75            8
In-vitro safety....................       299.50  Test..................          0                             
In-vivo safety.....................     4,345.75  Test..................      4,177.00       168.75            4
Latex agglutination................        11.00  Test..................          9.25         1.75           19
Tube agglutination.................        14.00  Test..................          0                             
Virus isolation in embryonated eggs       176.00  Test..................        163.75        12.25            7
Virus isolation (oesophageal/              88.25  Test..................         80.00         8.25           10
 pharyngeal).                                                                                                   
Virus isolation, other.............        84.50  Test..................         77.75         6.75            9
Virus neutralization...............        25.75  Test..................         22.00         3.75           17
----------------------------------------------------------------------------------------------------------------

FADDL Other Veterinary Diagnostics

    Table 4 shows the user fees proposed in Sec. 130.14(c) for other 
veterinary diagnostics provided at FADDL. We propose to implement new 
user fees for three tests and a new hourly user fee for other FADDL 
veterinary diagnostics for which there are no identified flat rate user 
fees or for which an hourly user fee is more appropriate. In addition, 
we propose to move four user fees currently listed in Secs. 130.17(a) 
and (b) and 130.18 of the regulations into Sec. 130.14(c). On average, 
these user fees would increase between 20 and 35 percent.

              Table 4.--User Fees for FADDL Other Veterinary Diagnostics (Proposed Sec.  130.14(c))             
----------------------------------------------------------------------------------------------------------------
                                                                                           Change in user fee   
    Other veterinary diagnostics       Proposed            Unit           Current user -------------------------
                                       user fee                                fee         Amount      Percent  
----------------------------------------------------------------------------------------------------------------
Bacterial isolation................       $55.00  Test..................          0     ...........  ...........
Hourly user fee services...........       220.00  Hour..................          0     ...........  ...........
                                           55.00  Quarter Hour..........          0     ...........  ...........
Infected cells on chamber slides or        31.00  Slide.................         23.00         8.00           35
 plates (was ASF--slide set for                                                                                 
 direct fluorescent antibody test).                                                                             
Reference animal tissues for               94.25  set...................         76.75        17.50           23
 immunohistochemistry (was ASF and                                                                              
 Hog Cholera tissue sets).                                                                                      
Sterilization by gamma radiation...       530.00  can...................        427.75       102.25           24
Training (school or technical             450.00  Per person per day....          0                             
 assistance).                                                                                                   
Virus Titration....................        55.00  Test..................          0                             
----------------------------------------------------------------------------------------------------------------

Bacteriology Isolation and/or Identification Tests

    Table 5 shows the user fees proposed in Sec. 130.15(a) for 
bacteriology isolation and/or identification tests. We propose to 
implement 19 new user fees for bacteriology isolation and/or 
identification tests. In addition, we propose to move seven user fees 
that are currently listed in Sec. 130.16(a) of the regulations into 
Sec. 130.15(a). On average, these user fees would increase by less than 
10 percent.

       Table 5.--User Fees for Bacteriology Isolation and Identification Tests (Proposed Sec.  130.15(a))       
----------------------------------------------------------------------------------------------------------------
    Proposed bacteriology                                                                  Change in user fee   
 isolation or identification     Proposed               Unit              Current user -------------------------
             test                user fee                                      fee         Amount      Percent  
----------------------------------------------------------------------------------------------------------------
Bacterial identification,           $16.00  Isolate.....................        $15.00        $1.00            7
 automated (was Bacterial                                                                                       
 identification/isolation,                                                                                      
 routine).                                                                                                      
Bacterial identification, non-       61.25  Isolate.....................          0     ...........  ...........
 automated.                                                                                                     
Bacterial isolation (was             16.00  Sample......................         15.00         1.00            7
 Bacterial identification/                                                                                      
 isolation, routine).                                                                                           
Bacterial serotyping, all            30.75  Isolate.....................          0     ...........  ...........
 other.                                                                                                         
Bacterial serotyping,                 7.50  Isolate.....................          0     ...........  ...........
 Pasteurella multocida.                                                                                         
Bacterial serotyping,                21.25  Isolate.....................         20.00         1.25            6
 Salmonella (was Salmonella                                                                                     
 serotyping).                                                                                                   
Bacterial toxin typing.......        91.50  Isolate.....................          0     ...........  ...........
Bacteriology requiring               27.00  Test........................         25.00         2.00            8
 special characterization.                                                                                      
DNA fingerprinting...........        36.50  Test........................          0     ...........  ...........

[[Page 24480]]

                                                                                                                
DNA probe....................        29.50  Test........................          0     ...........  ...........
Fluorescent antibody.........         9.75  Test........................          0     ...........  ...........
Leptospira culturing (was            27.00  Sample......................         25.00         2.00            8
 Leptospira cultures).                                                                                          
Leptospira serotyping........        80.50  Isolate.....................         75.00         5.50            7
Mycobacterium avian                 157.50  Isolate.....................          0     ...........  ...........
 serotyping.                                                                                                    
Mycobacterium identification         63.25  Isolate.....................          0     ...........  ...........
 (biochemicals).                                                                                                
Mycobacterium identification         26.50  Procedure...................          0     ...........  ...........
 (gas chromatography).                                                                                          
Mycobacterium isolation,            520.50  Submission..................          0     ...........  ...........
 animal inoculations.                                                                                           
Mycobacterium isolation, all        105.50  Submission..................          0     ...........  ...........
 other.                                                                                                         
Mycobacterium                        26.50  Submission..................          0     ...........  ...........
 paratuberculosis isolation.                                                                                    
Mycology culture                     52.75  Isolate.....................          0     ...........  ...........
 identification.                                                                                                
Mycology/fungus culture or           26.50  Sample......................          0     ...........  ...........
 isolation.                                                                                                     
Mycoplasma identification....        26.25  Isolate.....................          0     ...........  ...........
Mycoplasma isolation.........        26.25  Sample......................          0     ...........  ...........
Phage typing, Salmonella             10.75  Isolate.....................         10.00         0.75            8
 enteritidis (was Phage                                                                                         
 typing).                                                                                                       
Phage typing, all other......        26.50  Isolate.....................          0     ...........  ...........
Plasmid typing...............        26.50  Isolate.....................         25.00         1.50            6
Warburg......................       316.50  Isolate.....................          0     ...........  ...........
----------------------------------------------------------------------------------------------------------------

Virology Identification Tests

    Table 6 shows the user fees proposed in Sec. 130.15(b) for virology 
identification tests. We propose to implement a new user fee for 
virology identification tests. In addition, we propose to move two user 
fees that are currently listed in Sec. 130.16(a) of the regulations 
into Sec. 130.15(b). On average, these user fees would increase by less 
than 10 percent.

                Table 6.--User Fees for Virology Identification Tests (Proposed Sec.  130.15(b))                
----------------------------------------------------------------------------------------------------------------
                                                                                           Change in user fee   
  Proposed virology identification     Proposed            Unit           Current user -------------------------
                test                   user fee                                fee         Amount      Percent  
----------------------------------------------------------------------------------------------------------------
Fluorescent antibody tissue section       $18.25  Test..................          0     ...........  ...........
Virus isolation (except for                31.50  Test..................         29.75         1.75            6
 Newcastle disease virus).                                                                                      
Virus isolation for Newcastle              15.25  Test..................         14.00         1.25            9
 disease virus.                                                                                                 
----------------------------------------------------------------------------------------------------------------

Bacteriology Serology Tests

    Table 7 shows the user fees proposed in Sec. 130.16(a) for 
bacteriology serology tests. We propose to implement seven new user 
fees for bacteriology serology tests. In addition, we propose to move 
11 user fees that are currently listed in Sec. 130.14(a) of the 
regulations into Sec. 130.16(a). On average, most of these user fees 
would increase by less than 15 percent.

                 Table 7.--User Fees for Bacteriology Serology Tests (Proposed Sec.  130.16(a))                 
----------------------------------------------------------------------------------------------------------------
                                                                                          Change in user fee    
  Proposed bacteriology serology      Proposed            Unit          Current user ---------------------------
               test                   user fee                               fee         Amount        Percent  
----------------------------------------------------------------------------------------------------------------
Brucella milk ELISA...............       $15.75  Test.................          0     ............  ............
Brucella ring (BRT)...............        10.50  Test.................          0     ............  ............
Brucella ring, heat inactivated           10.50  Test.................          0     ............  ............
 (HIRT).                                                                                                        
Brucella ring, serial (serial BRT)        15.75  Test.................          0     ............  ............
Buffered acidified plate antigen           4.00  Test.................          3.50          0.50         14.29
 presumptive.                                                                                                   
Card..............................         2.00  Test.................          2.00          0.00          0   
Complement fixation...............         9.00  Test.................          9.00          0.00          0   
Enzyme linked immunosorbent assay,         4.75  Test.................          4.75          0.00          0   
 all other.                                                                                                     
Enzyme linked immunosorbent assay          9.00  Test.................          4.75          4.25         89   
 for dourine, glanders, or                                                                                      
 piroplasmosis.                                                                                                 
Indirect fluorescent antibody.....         9.75  Test.................          9.00          0.75          8   
Mercaptoethanol...................         4.00  Test.................          3.50          0.50         14   
Microscopic agglutination--               11.00  Sample...............         10.00          1.00         10   
 includes up to 5 serovars.                                                                                     
Mycology/fungus serology..........        10.50  Test.................          0     ............  ............
Particle concentration fluorescent        18.25  Test.................          0     ............  ............
 immuno assay (PCFIA).                                                                                          
Plate.............................         4.00  Test.................          3.50          0.50         14   
Rapid automated presumptive.......         4.25  Test.................          0     ............  ............
Rivanol...........................         4.00  Test.................          3.75          0.25          7   
Tube agglutination................         4.00  Test.................          3.50          0.50         14   
----------------------------------------------------------------------------------------------------------------


[[Page 24481]]

Virology Serology Tests

    Table 8 shows the user fees proposed in Sec. 130.16(b) for virology 
serology tests. We propose to implement two new user fees for virology 
serology tests. In addition, we propose to move eight user fees that 
are currently listed in Sec. 130.14(a) of the regulations into 
Sec. 130.16(b). On average, these user fees would increase by less than 
10 percent.

                   Table 8.--User Fees for Virology Serology Tests (Proposed Sec.  130.16(b))                   
----------------------------------------------------------------------------------------------------------------
                                                                                           Change in user fee   
  Proposed virology serology test      Proposed            Unit           Current user -------------------------
                                       user fee                                fee         Amount      Percent  
----------------------------------------------------------------------------------------------------------------
Agar gel immunodiffusion...........        $5.00  Test..................         $4.75        $0.25            5
Complement fixation................         9.00  Test..................          9.00         0.00            0
Enzyme linked immunosorbent assay..         4.75  Test..................          4.75         0.00            0
Hemagglutination inhibition........         7.50  Test..................          7.50         0.00            0
Indirect fluorescent antibody......         9.75  Test..................          9.00         0.75            8
Latex agglutination................         5.00  Test..................          4.75         0.25            5
Peroxidase linked antibody.........         9.75  Test..................          0     ...........  ...........
Plaque reduction neutralization             7.75  Test..................          7.50         0.25            3
 (was Plaque neutralization).                                                                                   
Rabies fluorescent antibody                26.50  Test..................          0     ...........  ...........
 neutralization.                                                                                                
Virus neutralization...............         7.75  Test..................          7.50         0.25            3
----------------------------------------------------------------------------------------------------------------

Pathobiology Tests

    Table 9 shows the user fees proposed in Sec. 130.17 for 
pathobiology tests. We propose to implement 23 new user fees for 
pathobiology tests. In addition, we propose to move 11 user fees that 
are currently listed in Secs. 130.14(a) and 130.16(a) of the 
regulations into Sec. 130.17. On average, most of these user fees would 
increase between 5 and 15 percent.

                Table 9.--User Fees for Pathobiology Laboratory Tests (Proposed Sec.  130.17(a))                
----------------------------------------------------------------------------------------------------------------
                                                                                           Change in user fee   
  Proposed pathobiology laboratory     Proposed            Unit           Current user -------------------------
                test                   user fee                                fee         Amount      Percent  
----------------------------------------------------------------------------------------------------------------
Aflatoxin quantitation.............       $20.50  Test..................          0     ...........  ...........
Aflatoxin screen...................        11.25  Test..................  ............  ...........  ...........
Agar gel immunodiffusion spp.               6.25  Test..................          0     ...........  ...........
 identification.                                                                                                
Antibiotic (bioautography)                 25.00  Test..................          0     ...........  ...........
 quantitation.                                                                                                  
Antibiotic (bioautography) screen..        50.00  Test..................          0     ...........  ...........
Antibiotic inhibition..............        25.25  Test..................          0     ...........  ...........
Arsenic............................         6.75  Test..................          0     ...........  ...........
Ergot alkaloid screen..............        25.25  Test..................          0     ...........  ...........
Ergot alkaloid confirmation........        33.00  Test..................          0     ...........  ...........
Feed microscopy....................        25.25  Test..................          0     ...........  ...........
Fumonisin only.....................        20.50  Test..................          0     ...........  ...........
Gossypol...........................        37.75  Test..................          0     ...........  ...........
Mercury............................        56.00  Test..................          0     ...........  ...........
Metals screen (was ICP metals--            29.75  Test..................         26.25         3.50           13
 screen).                                                                                                       
Metals single element confirmation          6.75  Test..................          6.00         0.75           13
 (was ICP metals--confirmation).                                                                                
Mycotoxin: aflatoxin-liver.........        82.25  Test..................          0     ...........  ...........
Mycotoxin screen...................        34.00  Test..................         30.75         3.25           11
Nitrate/nitrite....................        25.00  Test..................          0     ...........  ...........
Organic compound confirmation (was         34.00  Test..................         31.00         3.00           10
 GC/MS organic compound--                                                                                       
 confirmation).                                                                                                 
Organic compound screen (was GC/MS        114.75  Test..................        106.50         8.25            8
 organic compound--screen).                                                                                     
Parasitology.......................        19.25  Test..................         17.00         2.25           13
Pesticide quantitation.............        51.25  Test..................         47.50         3.75            8
Pesticide screen...................        38.00  Test..................         34.25         3.75           11
pH test............................        10.00  Test..................          0     ...........  ...........
Plate cylinder.....................        37.75  Test..................          0     ...........  ...........
Selenium...........................        33.25  Test..................         30.50         2.75            9
Silicate/carbonate disinfectant....        25.00  Test..................          0     ...........  ...........
Temperature disks..................        50.25  Test..................          0     ...........  ...........
Toxicant quantitation, other.......        42.25  Test..................         39.75         2.50            6
Toxicant screen, other.............        25.00  Test..................         39.75       -14.75          -37
Vomitoxin only.....................        20.75  Test..................          0     ...........  ...........
Water activity.....................        12.50  Test..................          0     ...........  ...........
Zearaleone quantitation............        20.50  Test..................          0     ...........  ...........
Zearaleone screen..................        11.25  Test..................          0     ...........  ...........
----------------------------------------------------------------------------------------------------------------

Diagnostic Bacteriology Reagents

    Table 10 shows the user fees proposed in Sec. 130.18(a) for 
diagnostic bacteriology reagents. We propose to implement 33 new user 
fees for reagent categories. In addition, we propose to move 11 user 
fees that are currently listed in

[[Page 24482]]

Sec. 130.17(a) of the regulations into Sec. 130.18(a). All of these 
proposed reagent categories include changes in the amount of the user 
fee.

              Table 10.--User Fees for Diagnostic Bacteriology Reagents (Proposed Sec.  130.18(a))              
----------------------------------------------------------------------------------------------------------------
                                                                                           Change in user fee   
         Proposed reagent            Proposed            Unit            Current user  -------------------------
                                     user fee                                fee           Amount      Percent  
----------------------------------------------------------------------------------------------------------------
Anaplasma card test antigen......       $34.00  2 ml.................                0  ...........  ...........
Anaplasma card test kit without         105.50  Kit..................                0  ...........  ...........
 antigen.                                                                                                       
Anaplasma CF antigen.............        17.00  2 ml.................                0  ...........  ...........
Anaplasma stabilate..............        67.25  4.5 ml...............                0  ...........  ...........
Avian origin bacterial                   11.50  1 ml.................                0  ...........  ...........
 antiserums, mycoplasma.                                                                                        
Avian origin bacterial                   17.75  1 ml.................            10.00         7.75           78
 antiserums, all other (was                                                                                     
 Pasteurella antiserum).                                                                                        
Bacterial agglutinating antigens         30.50  5 ml.................                0  ...........  ...........
 other than brucella and                                                                                        
 salmonella pullorum.                                                                                           
Bacterial conjugates (was Lepto          36.00  1 ml.................            19.25        16.75           87
 FA conjugate).                                                                                                 
Bacterial disease CF antigens,            8.50  1 ml.................        2.25/1 ml         6.25          278
 all other (was Brucella ovis                                              (5.50/2 ml)                          
 antigen).                                                                                                      
Bacterial ELISA antigens.........         9.50  1 ml.................                0  ...........  ...........
Bacterial or protozoal                    7.25  1 ml.................                0  ...........  ...........
 antiserums, all other.                                                                                         
Bacterial reagent cultures (was          21.25  Culture..............            20.00         1.25         -125
 Leptospira and Pasteurella                                                                                     
 antigens).                                                                                                     
Bacterial reference culture......        63.25  Culture..............                0  ...........  ...........
Bacteriophage reference culture..        63.25  Culture..............                0  ...........  ...........
Bovine serum factor..............         1.25  2 ml.................                0  ...........  ...........
Brucella abortus CF antigen......        34.00  60 ml................                0  ...........  ...........
Brucella agglutination antigens,         34.00  60 ml................                0  ...........  ...........
 all other.                                                                                                     
Brucella buffered plate antigen..        50.00  60 ml................                0  ...........  ...........
Brucella canis tube antigen (was         30.50  25 ml................     103.13/25 ml       -72.63          -70
 Brucella canis antigen).                                                  (8.25/2 ml)                          
Brucella card test antigen               19.50  Package..............                0  ...........  ...........
 (packaged).                                                                                                    
Brucella card test kit without           70.25  Kit..................                0  ...........  ...........
 antigen.                                                                                                       
Brucella cells...................         5.25  Gram.................                0  ...........  ...........
Brucella cells, dried............         2.00  Pellet...............                0  ...........  ...........
Brucella ring test antigen.......        72.75  60 ml................                0  ...........  ...........
Brucella rivanol solution........         8.75  60 ml................                0  ...........  ...........
Dourine CF antigen...............        17.50  1 ml.................                0  ...........  ...........
Dourine stabilate................        34.75  4.5 ml...............                0  ...........  ...........
Equine and bovine origin                 21.25  1 ml.................                0  ...........  ...........
 hemoparasitic antiserums.                                                                                      
Equine negative control CF              171.25  1 ml.................                0  ...........  ...........
 antigen.                                                                                                       
Equine origin glanders antiserum.        18.25  1 ml.................                0  ...........  ...........
Flazo-orange (was Lepto FA Flazo-         6.25  3 ml.................             6.00         0.25            4
 orange).                                                                                                       
Glanders CF antigen..............        17.50  1 ml.................                0  ...........  ...........
Hemoparasitic disease CF                158.25  1 ml.................                0  ...........  ...........
 antigens, all other.                                                                                           
Leptospira transport medium......         3.25  10 ml................             3.00         0.25            8
Monoclonal antibody..............        37.50  1 ml.................                0  ...........  ...........
Mycobacterium spp. Old tuberculin         3.75  1 ml.................       6.125/1 ml        -2.38          -39
 (was Johnin OT).                                                        (12.25 /2 ml)                          
Mycobacterium spp. PPD (was               3.25  1 ml.................        5.38/1 ml        -2.13          -40
 Johnin PPD).                                                             (10.75/2 ml)                          
Mycoplasma hemagglutination             105.50  5 ml.................                0  ...........  ...........
 antigens.                                                                                                      
Negative control serums..........         4.00  1 ml.................                0  ...........  ...........
Other spp. antiserum, any........        32.75  1 ml.................                0  ...........  ...........
Rabbit origin bacterial                  14.25  1 ml.................        2.25/1 ml        12.00          533
 antiserums (was Leptospira                                                (4.50/2 ml)                          
 antiserum).                                                                                                    
Salmonella pullorum                       6.25  5 ml.................                0  ...........  ...........
 microagglutination antigen.                                                                                    
Stabilates, all other............       258.25  4.5 ml...............                0  ...........  ...........
----------------------------------------------------------------------------------------------------------------

Diagnostic Virology Reagents

    Table 11 shows the user fees proposed in Sec. 130.18(b) for 
diagnostic virology reagents. We propose to implement seven new user 
fees for reagent categories. In addition, we propose to move 125 user 
fees that are currently listed in Sec. 130.17(a) of the regulations 
into Sec. 130.18(b). The individual user fees for these 126 reagents 
would be reorganized into 12 reagent categories. All of these current 
user fees for reagents would change.

                                    Table 11.--User Fees for Diagnostic Virology Reagents (Proposed Sec.  130.18(b))                                    
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                   Change in user fee   
                Proposed reagent                   Proposed                         Unit                         Current user  -------------------------
                                                   user fee                                                          fee           Amount      Percent  
--------------------------------------------------------------------------------------------------------------------------------------------------------
Antigen, except avian influenza and chlamydia         $41.50  2 ml...........................................  ...............  ...........  ...........
 psittaci antigens, any.                                                                                                                                

[[Page 24483]]

                                                                                                                                                        
    (was Avian adenovirus 127, paramyxovirus-2,  ...........  ...............................................           $39.50        $2.00            5
     paramyxovirus-3; and Newcastle disease                                                                                                             
     antigens).                                                                                                                                         
    (was Contagious ecthyma CF antigen)........  ...........  ...............................................      14.00 /2 ml        27.50          196
                                                                                                                   (7.00/1 ml)                          
    (was Infectious bursal disease antigen)....  ...........  ...............................................      16.00 /2 ml        25.50          159
                                                                                                                   (8.00/1 ml)                          
Avian antiserum except avian influenza                 23.00  2 ml...........................................  ...............  ...........  ...........
 antiserum, any.                                                                                                                                        
    (was Avian adenovirus 127,                   ...........  ...............................................            21.75         1.25            6
     encephalomyelitis, paramyxovirus-2, and                                                                                                            
     paramyxovirus-3; Duck viral enteritis;                                                                                                             
     Infectious bronchitis virus, bursal                                                                                                                
     disease, and laryngotracheitis; Newcastle                                                                                                          
     disease; and Psittacine herpes virus                                                                                                               
     (standard) antiserums).                                                                                                                            
    (was Chlamydia psittaci antiserum).........  ...........  ...............................................       43.50/2 ml       -20.50          -47
                                                                                                                  (21.75/1 ml)                          
Avian influenza antigen, any...................         9.25  2 ml...........................................             8.75         0.50            6
Avian influenza antiserum, any.................        53.75  6 ml...........................................       51.00/6 ml         2.75            5
Bovine or ovine serum, any.....................        88.00  2 ml...........................................  ...............  ...........  ...........
    (was Bluetongue; Bovine coronavirus, herpes  ...........  ...............................................            83.50         4.50            5
     virus type 1, herpes virus type 2, herpes                                                                                                          
     virus type 4, papular stomatitis,                                                                                                                  
     parvovirus, respiratory syncytial virus,                                                                                                           
     rotavirus, and viral diarrhea; Epizootic                                                                                                           
     hemorrhagic disease; and Parainfluenza-3                                                                                                           
     antiserums).                                                                                                                                       
    (was Contagious ecthyma antiserum).........  ...........  ...............................................        5.25/2 ml        82.75         1576
Cell culture...................................        20.00  Flask..........................................                0  ...........  ...........
Chlamydia psittaci spp. of origin monoclonal           47.25  Panel..........................................                0  ...........  ...........
 antibody panel.                                                                                                                                        
Conjugate, any.................................        20.25  1 ml...........................................  ...............  ...........  ...........
    (was Bluetongue; Bovine coronavirus, herpes  ...........  ...............................................            19.25         1.00            5
     virus type 1, herpes virus type 2, herpes                                                                                                          
     virus type 4, papular stomatitis,                                                                                                                  
     parvovirus, respiratory syncytial virus,                                                                                                           
     rotavirus, viral diarrhea; Chlamydia                                                                                                               
     psittaci; Contagious ecthyma; Encephalomyo-                                                                                                        
     carditis; Epizootic hemorrhagic disease;                                                                                                           
     Hemagglutinating encephalomyelitis;                                                                                                                
     Parainfluenza-3; Porcine adenovirus (AV),                                                                                                          
     parvovirus (PPV), reovirus, and rotavirus;                                                                                                         
     Swine influenza, and Transmissible                                                                                                                 
     gastroenteritis conjugates).                                                                                                                       
    (was Duck viral enteritis conjugate).......  ...........  ...............................................            31.25       -11.00          -35
    (was Equine adenovirus, Equine herpes type   ...........  ...............................................            24.00        -3.75          -16
     1, and Psittacine herpes virus conjugates).                                                                                                        
Diluted positive control serum, any............         6.75  2 ml...........................................  ...............  ...........  ...........
    (was Encephalomyo-carditis;                  ...........  ...............................................             6.25         0.50            8
     Hemagglutinating encephalomyelitis;                                                                                                                
     Parainfluenza-3; Porcine parvovirus (PPV),                                                                                                         
     and rotavirus; Swine influenza; and                                                                                                                
     Transmissible gastroenteritis positive                                                                                                             
     control serums).                                                                                                                                   
    (was Bovine herpes virus type 1, and type    ...........  ...............................................             4.50         2.25           50
     2, parvovirus, respiratory syncytial                                                                                                               
     virus, and viral diarrhea positive control                                                                                                         
     serums).                                                                                                                                           
Equine antiserum, any..........................        12.25  2 ml...........................................  ...............  ...........  ...........
    (was Equine adenovirus, herpes type 1,       ...........  ...............................................            11.50         0.75            7
     herpes type 2, and herpes type 3                                                                                                                   
     antiserums).                                                                                                                                       
    (was Equine influenza antiserum)...........  ...........  ...............................................            21.75        -9.50          -44
    (was Equine viral arteritis antiserum).....  ...........  ...............................................       19.30/2 ml        -7.05          -37
                                                                                                                  (48.25/5 ml)                          
Hog Cholera tissue sets........................        81.50  Tissue set.....................................            76.75         4.75         6.19
Monoclonal antibody............................        37.50  1 ml...........................................                0  ...........  ...........
Other spp. antiserum, any......................        32.75  1 ml...........................................                0  ...........  ...........
Porcine antiserum, any (was Encephalomyo-              60.50  2 ml...........................................            57.50         3.00            5
 carditis; Hemagglutinating encephalomyelitis;                                                                                                          
 Porcine adenovirus (AV), parvovirus (PPV),                                                                                                             
 reovirus, and rotavirus; Swine influenza; and                                                                                                          
 Transmissible gastroenteritis antiserums).                                                                                                             
Positive control tissues, all..................         4.25  2 cm\2\ section................................                0  ...........  ...........
Rabbit origin antiserums.......................        14.25  1 ml...........................................                0  ...........  ...........
Reference virus, any...........................        63.50  0.6 ml.........................................                0  ...........  ...........

[[Page 24484]]

                                                                                                                                                        
Viruses (except reference viruses), chlamydia           5.50  0.6 ml.........................................  ...............  ...........  ...........
 psittaci agent, or chlamydia psittaci antigen,                                                                                                         
 any.                                                                                                                                                   
    (was Avian encephalomyelitis, paramyxovirus- ...........  ...............................................             5.25         0.25            5
     2, paramyxovirus-3, and reovirus;                                                                                                                  
     Bluetongue; Bovine coronavirus, herpes                                                                                                             
     type 1, type 2, and type 4, papular                                                                                                                
     stomatitis, parvovirus, respiratory                                                                                                                
     syncytial, rotavirus, and viral diarrhea;                                                                                                          
     Chlamydia psittaci agent; Contagious                                                                                                               
     ecthyma; Duck viral enteritis;                                                                                                                     
     Encephalomyo-carditis; Epizootic                                                                                                                   
     hemorrhagic disease; Equine adenovirus,                                                                                                            
     herpes type 1, type 2, and type 3,                                                                                                                 
     influenza, and viral arteritis;                                                                                                                    
     Hemagglutinating encephalomyelitis;                                                                                                                
     Infectious bursal disease; Infectious                                                                                                              
     laryngotracheitis; Newcastle disease;                                                                                                              
     Parainfluenza-3; Porcine adenovirus (AV),                                                                                                          
     parvovirus (PPV), reovirus, and rotavirus;                                                                                                         
     Psittacine herpes; Quail bronchitis; Swine                                                                                                         
     influenza; and Transmissible                                                                                                                       
     gastroenteritis viruses).                                                                                                                          
    (was Chlamydia psittaci antigen)...........  ...........  ...............................................      3.15/0.6 ml         2.35           75
                                                                                                                   (5.25/1 ml)                          
    (was Infectious bronchitis virus)..........  ...........  ...............................................             4.50         1.00           22
--------------------------------------------------------------------------------------------------------------------------------------------------------

Other Veterinary Diagnostics

    Table 12 shows the user fees proposed in Sec. 130.19 for other 
veterinary diagnostics. We propose to implement 13 new user fees and a 
new hourly user fee for other NVSL veterinary diagnostics for which 
there are no identified flat rate user fees or for which an hourly user 
fee is more appropriate. In addition, we propose to move a user fee 
that is currently listed in Sec. 130.8(a) of the regulations into 
Sec. 130.19.

                  Table 12.--User Fees for Other Veterinary Diagnostics (Proposed Sec.  130.19)                 
----------------------------------------------------------------------------------------------------------------
                                                                                           Change in user fee   
  Proposed other veterinary      Proposed               Unit              Current user -------------------------
     diagnostics services        user fee                                      fee         Amount      Percent  
----------------------------------------------------------------------------------------------------------------
Antimicrobial susceptibility        $30.50  Isolate.....................          0     ...........  ...........
 test.                                                                                                          
Avian safety test............      2701.75  Test........................          0     ...........  ...........
Check tests, anaplasma              132.00  Kit.........................          0     ...........  ...........
 complement fixation.                                                                                           
Check tests, culture.........        88.00  Kit.........................          0     ...........  ...........
Check tests, serology, all          125.75  Kit.........................          0     ...........  ...........
 other.                                                                                                         
Fetal bovine serum safety           673.50  Verification................        666.00         7.50            1
 test (was fetal bovine serum                                                                                   
 sample verification).                                                                                          
Hourly user fee services.....        56.00  Hour........................         56.00         0.00            0
Quarter hour.................        14.00  Quarter hour................         14.00         0.00            0
Minimum......................        16.50  Minimum.....................         16.50         0.00            0
Manual, Brucellosis                  13.00  Manual......................          0     ...........  ...........
 complement fixation.                                                                                           
Manual, Brucellosis culture..        52.75  Manual......................          0     ...........  ...........
Manual, Tuberculosis culture         79.25  Manual......................          0     ...........  ...........
 (English or Spanish).                                                                                          
Manual, Veterinary mycology..       105.50  Manual......................          0     ...........  ...........
Manual, Anaplasmosis, Johne's        21.25  Manual......................          0     ...........  ...........
 disease, mycoplasma                                                                                            
 hyopnuemonia, piroplasmosis,                                                                                   
 dourine, or glanders.                                                                                          
Manuals or standard operating        13.25  Manual or SOP copy..........          0     ...........  ...........
 procedure (SOP), All other.                                                                                    
Manuals or SOP, per page.....         2.00  Page........................          0     ...........  ...........
Training (school or technical       120.00  Per person per day..........          0     ...........  ...........
 assistance).                                                                                                   
----------------------------------------------------------------------------------------------------------------

Definitions (Sec. 130.1)

    We propose to add a definition for APHIS representative to the 
regulations. This term is defined and used throughout subchapter D, 
which covers the exportation and importation of animals (including 
poultry) and animal products. Currently, the terms APHIS animal health 
technician and APHIS veterinarian are defined in Sec. 130.1. The term 
animal health technician is used in Sec. 130.3 in reference to services 
provided at APHIS animal import centers. The term APHIS veterinarian is 
used in Sec. 130.20 in reference to inspection services provided in 
conjunction with endorsements of export health certificates. For 
consistency, we propose to replace the terms APHIS animal health 
technician and APHIS veterinarian with APHIS representative. The 
proposed definition would read as follows: ``An individual, including, 
but not limited to animal health technicians and veterinarians, 
authorized by the Administrator to perform the services for which the 
user fees in this part are charged.'' Because an APHIS representative 
would cover APHIS animal health technicians and APHIS veterinarians, we 
propose to remove those definitions.

[[Page 24485]]

    We propose to revise the definition for export health certificate. 
Currently, the definition specifies that an APHIS veterinarian endorses 
the export health certificate. In some cases an APHIS representative 
who is not a veterinarian may be able to endorse an export health 
certificate. For example, export health certificates for animal 
products may not require the endorsement of an APHIS veterinarian. 
Therefore, we propose to change APHIS veterinarian to APHIS 
representative in the definition for export health certificate. 
Currently, the definition for export health certificate covers only 
animals or birds. Based on an importing country's requirements, an 
export health certificate may be required for animal products, 
organisms, and vectors as well as animals and birds. Therefore, we 
propose to expand the definition to read as follows: ``An official 
document that, as required by the importing country, is endorsed by an 
APHIS representative and states that animals, animal products, 
organisms, vectors, or birds to be exported from the United States were 
found to be healthy and free from evidence of communicable diseases and 
pests.''
    We propose to add new definitions for nonstandard care and handling 
and nonstandard housing. Currently, Sec. 130.2 includes user fees for 
birds in nonstandard housing or receiving nonstandard care and handling 
at APHIS animal import centers. Nonstandard housing, care, and handling 
are defined in Sec. 130.2(b) and (c). For consistency, we propose to 
move these definitions to Sec. 130.1.
    We propose to revise the definition of pet birds. Currently, the 
definition only covers birds that are imported. User fees may apply to 
pet birds that are exported, as for example, when another country 
requires an export health certificate for a pet bird. Therefore, we 
propose to extend the definition to include both importation and 
exportation. In addition, currently the definition of pet birds 
excludes only ratites. We believe that hatching eggs should also be 
excluded from consideration as pet birds. Therefore, we propose to add 
hatching eggs to the exceptions in the definition. The proposed 
definition would read as follows: Birds, except hatching eggs and 
ratites, that are imported or exported for the personal pleasure of 
their individual owners and are not intended for resale.
    As discussed above, we believe we no longer need to separately 
identify reference assistance tests from other veterinary diagnostics 
tests. Therefore, we propose to remove the definition for reference 
assistance testing.

User Fees for Animal Import Centers (Sec. 130.2)

    Currently, Sec. 130.2 specifies the user fees for animals and birds 
quarantined in APHIS animal import centers. Currently, Sec. 130.2(a) 
specifies the applicable user fees. Currently, Secs. 130.2(b) through 
130.2(e) address nonstandard housing, nonstandard care and handling, 
nonstandard feed, and reservation fees, respectively. As discussed 
above under definitions, we propose to move the definitions for 
nonstandard care, handling, and housing from Sec. 130.2(b) and (c) to 
Sec. 130.1. We have reviewed these user fees and are proposing several 
user fee changes and several nonsubstantive changes as described below.
    Our review showed that we are not recovering our full costs for 
quarantining zoo animals in APHIS animal import centers. We have 
determined that our costs for quarantining zoo animals is equivalent to 
our costs for quarantining domestic animals. Therefore, we propose to 
combine the user fees for domestic and zoo animals. The user fees for 
domestic animals would remain the same; however, the user fee for zoo 
animals would increase from $32.25 to $56.50 per day. In addition, we 
would revise the list of domestic animals to correct an error by 
eliminating the word ``buffalo'' and adding the word ``bulls''. The 
list currently includes the word ``bison'' which covers buffalo. Bulls 
were inadvertently omitted. We propose to remove the separate listing 
for zoo animals.
    Our review showed that we are not recovering our full costs for 
quarantining large birds or poultry receiving nonstandard care, 
handling, or housing in APHIS animal import centers. We believe that we 
need to increase this user fee to recover our costs; however, smaller 
birds and poultry receiving nonstandard care, handling, or housing in 
APHIS animal import centers do not cost as much to quarantine. 
Therefore, we propose separate user fees for birds or poultry requiring 
nonstandard care, handling, or housing based on the size of the bird or 
the type of poultry. Birds that are less than or equal to 250 grams, 
doves, pigeons, and quail would be charged $3.25 per day. This user fee 
would be less than the current user fee for birds and poultry. Birds 
that are between 251 and 1,000 grams, chickens, ducks, grouse, guinea 
fowl, partridges, pea fowl, and pheasants would be charged $7.50 per 
day. This user fee would remain the same for birds and would be less 
than the current user fee for poultry. Birds that are more than 1,000 
grams, large poultry, and large waterfowl, including, but not limited 
to, game cocks, geese, swans, and turkeys, would be charged $14.00 per 
day. This user fee would be more than the current user fee for birds 
and poultry. In addition, we propose to move these user fees for 
nonstandard care, handling, and housing into a separate section 
(proposed Sec. 130.2(b)) to replace the current sections defining 
nonstandard housing (Sec. 130.2(b)) and nonstandard care and handling 
(Sec. 130.2(c)).
    As a result of these proposed changes, we would redesignate current 
Sec. 130.2(d) on nonstandard feed as proposed Sec. 130.2(c). We also 
propose to make nonsubstantive edits to the text.
    Currently, Sec. 130.2(e) specifies that a reservation fee paid by 
the importer under part 93 of this chapter will be applied to the APHIS 
user fee due for animals or birds quarantined in an animal import 
center operated by APHIS. Sections 130.2 and 130.3 both list user fees 
for animals or birds quarantined in animal import centers operated by 
APHIS. Therefore, Sec. 130.2(e) should apply to the user fees in 
Secs. 130.2 and 130.3. We believe that the reservation fees reference 
would be more appropriate in proposed Sec. 130.50(b), which addresses 
associated charges. Therefore, we propose to move Sec. 130.2(e) into 
proposed Sec. 130.50(b)(1).

User Fees for Exclusive Use of Animal Import Centers (Sec. 130.3)

    We reviewed our user fees for the exclusive use of APHIS animal 
import centers and have determined that we should change the way we 
calculate the user fees listed for the buildings in Newburgh, NY, and 
add a user fee for a new building, also in Newburgh, NY. Currently, the 
published dimensions represent the outside building dimensions. These 
measurements include office space, bathrooms, utility, and storage 
areas. We believe that the costs for those items should be included in 
the administrative support cost factor. Therefore, we recalculated the 
dimensions for spaces A and B and have recalculated the user fees based 
on the proposed dimensions. Space A would be $43,102.00 per month for 
5,396 sq. ft. (503.1 sq. m.), rather than $47,609.00 per month for 
5,904 sq. ft. (248.5 sq. m.). Space B would be $71,118.50 per month for 
8,903 sq. ft. (827.1 sq. m.), rather than $78,555.00 per month for 
9,742 sq. ft. (905 sq. m.). In addition, we propose to add a new, 
smaller space C at $7,229.00 per month for 905 sq. ft. (84.1 sq. m.).

[[Page 24486]]

User Fees for Services at Privately Operated Import Quarantine 
Facilities (Sec. 130.5)

    Currently, Sec. 130.5(a) addresses who must pay user fees for 
services at privately operated import quarantine facilities. Currently, 
Sec. 130.5(b) lists the hourly rate user fees for these services. For 
consistency with Sec. 130.9, which consolidates in Sec. 130.9(a) the 
hourly rate user fees and the services to which they apply, we propose 
to consolidate in Sec. 130.5(a) the hourly rate user fees and the 
services to which these user fees apply.

User Fees for Other Services (Sec. 130.8)

    Currently, Sec. 130.8 includes a user fee for fetal bovine serum 
sample verification. Fetal bovine serum sample verification is a 
veterinary diagnostics service which we provide at NVSL. We propose to 
add the user fee into proposed Sec. 130.19, as explained above. 
Therefore, we propose to remove the user fee from Sec. 130.8 to avoid 
duplication.
    Currently, Sec. 130.8 includes user fees for import compliance 
assistance and release from export agricultural hold. We have reviewed 
these user fees and determined that the estimates used for the current 
user fees do not include enough direct labor time for these services. 
In addition, the services we provide for both of these activities fall 
into two categories. First, all the information provided by the 
importer or exporter is complete and correct. In these cases, the 
processing is straightforward and generally takes less than half an 
hour to process. Second, the information provided by the importer or 
exporter is not complete or some other factor requires additional 
effort. In these cases, more time, on average 3.5 hours, is required, 
for example, to review the forms, to request more information from the 
importer/exporter, to research various aspects of the product, organism 
or vector being imported or exported, or to correspond with NVSL about 
tests. While our experience shows that most importers and exporters fit 
the first category, they should not have to subsidize those who fit 
into the second category. Therefore, we propose to set two user fees 
for each of these services. The user fee for a simple import compliance 
assistance or a simple release from agricultural hold would be $51.25. 
A simple case would be one that required 2 or less hours of assistance. 
The user fee for a complicated import compliance assistance or a 
complicated release from agricultural hold would be $131.75. A 
complicated case would be one that required more than 2 hours of 
assistance.

Hourly Rate User Fees (Sec. 130.21)

    Currently, Sec. 130.21(a) lists services for which hourly user fees 
are charged for inspection and supervision services provided within the 
United States for export animals, birds, and animal products. 
Currently, Sec. 130.21(b) lists the hourly rate user fees for the 
services listed in Sec. 130.21(a). For consistency with Sec. 130.9, 
which consolidates in Sec. 130.9(a) the hourly rate user fees and the 
services to which they apply, we propose to consolidate in 
Sec. 130.21(a) the hourly rate user fees and the services to which 
these user fees apply.
    In addition, we are proposing to remove the word ``byproducts'' 
from the section heading. The term ``byproducts'' is generally used to 
refer to inedible animal products. APHIS inspects and issues export 
health certificates for both inedible and edible animal products. The 
term ``products'' covers both. Therefore, we would change the section 
heading to ``User fees for inspection services provided within the 
United States for export animals, birds, and animal products.''

Payment of User Fees (Sec. 130.50)

    To eliminate duplication throughout part 130 and to add clarity to 
the requirements in Sec. 130.50, we are proposing miscellaneous 
nonsubstantive changes throughout Sec. 130.50, including adding 
paragraph headers. As a result of these changes, Sec. 130.50(a) and (b) 
would be redesignated as Sec. 130.50(c) and (d), respectively. All of 
the changes to Sec. 130.50 are described below and summarized in a 
chart at the end of this section.
    We propose to add language in proposed Sec. 130.50(a) to clarify 
who must pay APHIS user fees. In addition, we would specify throughout 
part 130 that all of the user fees listed must be paid in accordance 
with Secs. 130.50 and 130.51.
    Currently, Secs. 130.14(c), 130.15(c), 130.16(c), 130.17(c), and 
130.18(b) provide for payment of costs that are incurred due to special 
mail handling, such as express, overnight, or foreign mailing. If 
special mail handling is required, all costs incurred must be paid in 
addition to the user fee for the test or service requiring special mail 
handling. We believe that this same requirement should apply to the 
user fees listed throughout part 130. Therefore, we propose to 
eliminate duplication within Secs. 130.14 through 130.18 and expand the 
special mail handling requirement to all of the user fees in part 130 
by moving it from Secs. 130.14(c), 130.15(c), 130.16(c), 130.17(c), and 
130.18(b) into proposed Sec. 130.50(b)(2), where it will apply to all 
user fees in part 130.
    Currently, Secs. 130.6(b), 130.7(b), 130.8(b), 130.14(b), 
130.15(b), 130.16(b), and 130.20(e) provide for reimbursable overtime 
to be paid in addition to the listed flat rate user fee when we provide 
services during overtime (i.e., on a Sunday or holiday or at any other 
time outside the normal tour of duty of the employee). In addition, 
currently, Secs. 130.5, 130.9, and 130.21 provide for the premium rate 
user fee to be applied in lieu of the hourly rate user fee when we 
provide services during overtime. All of our user fees were calculated 
based on direct labor costs for services provided during the normal 
tour of duty for our employees. When services are provided on overtime, 
reimbursable overtime or the premium user fee should be charged to 
recover the full costs of providing flat rate or hourly rate user fee 
services, respectively. Therefore, to eliminate duplication and expand 
these requirements for overtime services to cover all user fees in part 
130, we would move the reimbursable overtime requirement from 
Secs. 130.6(b), 130.7(b), 130.8(b), 130.14(b), 130.15(b), 130.16(b), 
and 130.20(e) into proposed Sec. 130.50(b)(3)(i), where it would apply 
to all flat rate user fees in part 130. We would also move the premium 
rate user fee requirement from Secs. 130.5, 130.9, and 130.21 into 
proposed Sec. 130.50(b)(3)(ii), where it would apply to all hourly rate 
user fees in part 130.
    Currently, Sec. 130.50(a) specifies when user fee payments are due. 
We would redesignate current Sec. 130.50(a) as proposed Sec. 130.50(c) 
and revise the text to add references to the sections of the 
regulations that list the user fees for which payment is due, and to 
clarify and eliminate duplication, as described below.
    Currently, Secs. 130.50(a)(1) and (a)(2) specify when user fees for 
animals and birds in an animal import center or privately operated 
permanent import quarantine facility and animals and birds in a 
privately operated temporary import quarantine facility, respectively 
must be paid. All of these user fees must be paid when the animals or 
birds are released from quarantine. Therefore, we propose to combine 
Secs. 130.50(a)(1) and (a)(2) into proposed Sec. 130.50(c)(1) to 
eliminate duplication.
    Currently, Sec. 130.50(a)(3) contains provisions for the payment of 
user fees for inspection services, including when these services are 
covered by a compliance agreement signed in accordance with 9 CFR part 
156. We

[[Page 24487]]

propose to expand this provision to include inspection services covered 
by any compliance agreement signed in accordance with title 9, chapter 
I, of the Code of Federal Regulations, and to put the expanded 
provision in proposed Sec. 130.50(c)(2).
    Currently, Sec. 130.50(a)(4) provides for user fees for export 
health certificates to be paid when billed or prior to receipt of the 
endorsed certificate. We would clarify these provisions in proposed 
Sec. 130.50(c)(3).
    Currently, Sec. 130.50(a)(5) specifies provisions for the payment 
of user fees for veterinary diagnostics. In proposed Sec. 130.50(c)(4) 
we would clarify when the user fees could be paid when billed versus 
the requirement to be paid when the veterinary diagnostic service is 
requested. In addition, we would simplify the text by referring to 
these services as veterinary diagnostic services rather than listing 
tests, diagnostic reagents, slide sets, tissue sets, and sterilization 
by gamma radiation.
    Currently, Sec. 130.50(a)(6) contains provisions for payment of 
user fees for reference assistance tests. As stated earlier, we believe 
we no longer need to separately distinguish reference assistance 
testing from other veterinary diagnostic tests. We propose to include 
the user fees for these tests with other veterinary diagnostic tests. 
Therefore, the payment of these user fees would be covered by proposed 
Sec. 130.50(c)(4), which would allow an additional option for paying 
user fees for these tests when billed.
    Currently, Sec. 130.50(a)(7) through (a)(9) specify provisions for 
the payment of user fees for live animals presented for importation at 
a port of entry, inspections and permit services, and hourly rate user 
fees, respectively. We would combine these provisions into proposed 
Sec. 130.50(c)(5) and revise the payment options for the user fees 
specified in Sec. 130.8 to include the option for payment when billed. 
In addition, we would edit the text to clarify that the user fees could 
be paid when billed versus the requirement to be paid when the service 
is provided.
    In addition, we propose to combine Secs. 130.50(b) and (c) into 
proposed Sec. 130.50(d). Currently, Sec. 130.50(b) identifies 
acceptable payment methods. Currently, Sec. 130.50(c) specifies that 
payment must be for the exact amount due. We propose to combine these 
provisions to specify that payment for the exact amount due must be 
made by one of the acceptable methods. In addition, we propose to 
revise the cash payment provision currently in Sec. 130.50(b)(4) to 
incorporate the provision currently specified in Sec. 130.51(a)(4) that 
cash payments would be accepted only during normal business hours.
    The following table summarizes all of these changes, listed in 
order for the proposed sections in Sec. 130.50.

----------------------------------------------------------------------------------------------------------------
                 Proposed location                           Requirement                       Action           
----------------------------------------------------------------------------------------------------------------
Sec.  130.50(a)...................................  Any person for whom a service  Clarify by adding language   
                                                     is performed and the person    from the Farm Bill.         
                                                     requesting the service would                               
                                                     be jointly and severally                                   
                                                     liable for the payment of                                  
                                                     APHIS user fees.                                           
Sec.  130.50(b)(1)................................  Reservation fees would be      Move from Sec.  130.2(a) to  
                                                     applied to the APHIS user      expand the applicability to 
                                                     fees specified in Secs.        all relevant user fees.     
                                                     130.2 and 130.3.                                           
Sec.  130.50(b)(2)................................  All costs incurred for         Move from Secs.  130.14(c),  
                                                     special mail handling would    130.15(c), 130.16(c),       
                                                     be paid by the user, in        130.17(c), 130.17(c), and   
                                                     addition to the user fee for   130.18(b) to eliminate      
                                                     the service.                   duplication in these        
                                                                                    sections and to expand the  
                                                                                    applicability to all user   
                                                                                    fees in 9 CFR part 130.     
Sec.  130.50(b)(3)(i).............................  Reimbursable overtime would    Move from Secs.  130.6(b),   
                                                     be paid in addition to the     130.7(b), 130.8(b),         
                                                     listed flat rate user fee      130.14(b), 130.15(b),       
                                                     when we provide services       130.16(b), and 130.20(e) to 
                                                     during overtime.               eliminate duplication and   
                                                                                    expand the applicability to 
                                                                                    all flat rate user fees in 9
                                                                                    CFR part 130.               
Sec.  130.50(b)(3)(ii)............................  Premium rate user fees would   Move from Secs.  130.5(c),   
                                                     be applied in lieu of the      130.9(b), and 130.21(c) to  
                                                     hourly rate user fee when we   eliminate duplication and   
                                                     provide services during        expand the applicability to 
                                                     overtime.                      all hourly rate user fees in
                                                                                    9 CFR part 130.             
Sec.  130.50(c)(1)................................  User fees for animal and bird  Combine Sec.  130.50(a)(1)   
                                                     quarantines and related        and (a)(2) to eliminate     
                                                     tests must be paid prior to    duplication and move into   
                                                     their release from             proposed Sec.  130.50(c). In
                                                     quarantine.                    addition, add section       
                                                                                    references for user fees.   
Sec.  130.50(c)(2)................................  User fees for supervision and  Move from Sec.  130.50(a)(3).
                                                     inspection services for                                    
                                                     export animals and animal                                  
                                                     products must be paid when                                 
                                                     billed, or as specified in a                               
                                                     compliance agreement.                                      
Sec.  130.50(c)(3)................................  User fees for export health    Move from Sec.  130.50(a)(4),
                                                     certificates would be paid     add section references for  
                                                     prior to receipt of endorsed   user fees, and clarify when 
                                                     certificates or when billed.   the billing option would    
                                                                                    apply.                      
Sec.  130.50(c)(4)................................  User fees for veterinary       Move from Sec.  130.50(a)(5),
                                                     diagnostics would be paid      add section references for  
                                                     when the service is            user fees, and clarify when 
                                                     requested or when billed.      the billing option would    
                                                                                    apply. (NOTE: This would    
                                                                                    also cover user fees        
                                                                                    formerly addressed by Sec.  
                                                                                    130.50(a)(6).)              
Sec.  130.5(c)(5).................................  User fees for other services   Combine Sec.  130.50(a)(7),  
                                                     would be paid when the         (8), and (9) to eliminate   
                                                     service is provided or when    duplication; add section    
                                                     billed.                        references for user fees;   
                                                                                    clarify when the billing    
                                                                                    option would apply; and     
                                                                                    expand the billing option to
                                                                                    apply to user fees for      
                                                                                    inspection and permit       
                                                                                    services.                   
Sec.  130.50(d)(1) through (d)(4).................  Acceptable forms of payment..  Redesignate from Sec.        
                                                                                    130.50(b)(1) through (b)(4) 
                                                                                    and combine Sec.  130.50(c).
----------------------------------------------------------------------------------------------------------------


[[Page 24488]]

Penalties for Nonpayment or Late Payment of User Fees (Sec. 130.51)

    We are proposing several changes to Sec. 130.51, including the 
incorporation of relevant provisions of the Debt Collection Improvement 
Act of 1996. These changes are described below. In addition we propose 
to make miscellaneous nonsubstantive changes, such as adding paragraph 
headers and renumbering paragraphs as necessitated by other proposed 
changes.
    We propose to incorporate the provision currently specified in 
Sec. 130.51(a)(4) that cash payments would be accepted only during 
normal business hours into proposed Sec. 130.50(d)(1). Therefore, we 
propose to remove Sec. 130.51(a)(4). As a result of this change, we 
would redesignate Sec. 130.51(a)(5) as proposed Sec. 130.51(a)(4).
    Currently, Secs. 130.51(b)(3) and (b)(4) refer to veterinary 
diagnostic tests and other veterinary diagnostic services, 
respectively. As we have proposed throughout part 130, we would combine 
these to group the veterinary diagnostics together. Therefore, proposed 
Sec. 130.51(b)(3) would be simplified by referring to these services as 
veterinary diagnostic services.
    We are proposing to add a new Sec. 130.51(d) to specify that user 
fees paid with dishonored payments, such as a check returned for 
insufficient funds, will be subject to interest and penalty charges in 
accordance with the Debt Collection Improvement Act (as specified in 30 
U.S.C. 3717). Administrative charges will be assessed at $20.00 per 
dishonored payment to be paid in addition to the original amount owed. 
These payments must be made in guaranteed form, such as money order, 
certified check, or cash.
    We propose to add a new Sec. 130.51(e) to incorporate the relevant 
provisions of the Debt Collection Improvement Act of 1996 (31 U.S.C. 
3701, 3716, 3717, 3719, and 3720A). These provisions address taxpayer 
identification numbers, administrative offset, cross servicing, and 
delinquent debt reporting. Taxpayer identification numbers must be 
obtained from all persons, other than Federal agencies, who must pay 
user fees. All debts that have not been paid within 180 days would be 
eligible for administrative offset and cross servicing. Administrative 
offset means withholding funds payable by the United States (including 
funds payable by the United States on behalf of a State government) to, 
or held by the United States for, a person to satisfy a claim. Under 
administrative offset, APHIS would notify the Department of Treasury of 
the debts that are over 180 days delinquent and the Department of 
Treasury could offset the debt from certain Federal payments that may 
be made to the debtor. Cross servicing means that one program services 
many agencies. In this case, it means that the Department of Treasury 
could collect debts on behalf of APHIS. For cross servicing, APHIS 
would transfer debts that are over 180 days delinquent to the 
Department of Treasury. In addition, APHIS would report all unpaid 
debts to credit reporting bureaus.
    In addition, we would add the relevant sections of the Debt 
Collection Improvement Act of 1996 to the authority citation for part 
130.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
This rule has been determined to be significant for the purposes of 
Executive Order 12866 and, therefore, has been reviewed by the Office 
of Management and Budget.
    Below is a summary of the economic analysis for the changes in 
APHIS user fees proposed in this document. The economic analysis 
provides a cost-benefit analysis as required by E.O. 12866 and the 
analysis of impacts of small entities as required by the Regulatory 
Flexibility Act. A copy of the full economic analysis, which includes 
comparisons of each user fee change and the change in collections for 
each user fee, is available for review at the location listed in the 
ADDRESSES section at the beginning of this document.
    We do not have enough data for a comprehensive analysis of the 
economic impacts of this proposed rule on small entities. Therefore, in 
accordance with 5 U.S.C. 603, we have performed an Initial Regulatory 
Flexibility Analysis for this proposed rule. We are inviting comments 
about this proposed rule as it relates to small entities. In 
particular, we are interested in determining the number and kind of 
small entities that may incur benefits or costs from implementation of 
this proposed rule and the economic impact of those benefits or costs.

User Fees Authorized Under the Farm Bill

    The provisions in 21 U.S.C. 114a authorize the Secretary of 
Agriculture to control and eradicate communicable diseases of livestock 
and poultry. The Food, Agriculture, Conservation and Trade Act of 1990, 
as amended (referred to below as the 1990 Farm Bill), authorizes the 
Secretary of Agriculture, among other things, to prescribe regulations 
and collect fees to recover the costs of carrying out the provisions of 
21 U.S.C. 114a that relate to veterinary diagnostics (sec. 2509(c)(2) 
of the 1990 Farm Bill).
    The 1990 Farm Bill further authorizes the Secretary to prescribe 
and collect fees to reimburse the Secretary for the cost of carrying 
out the provisions of the Federal Animal Quarantine laws that relate to 
the importation, entry, and exportation of animals, articles, or means 
of conveyance (section 2509(c)(1) of the 1990 Farm Bill).
    In addition, section 2509(d) of the 1990 Farm Bill provides that 
the Secretary may prescribe such regulations as the Secretary 
determines necessary to carry out these provisions of the 1990 Farm 
Bill.

Regulations Proposed in This Document

    We are proposing to revise the user fees for certain veterinary 
diagnostic services, including certain diagnostic tests, reagents, and 
other veterinary diagnostic materials and services. In addition, we are 
proposing to add new user fees for other veterinary diagnostic services 
we provide. We are proposing to reorganize the regulations in 9 CFR 
part 130 to list user fees by type of service and location where 
service is provided, and to group diagnostic reagents into categories.
    Veterinary diagnostics is the work performed in a laboratory to 
determine if a disease-causing organism or chemical agent is present in 
body tissues or cells and to identify those organisms or agents. 
Services in this category include: (1) Performing laboratory tests and 
providing diagnostic reagents and other veterinary diagnostic materials 
and services at the Foreign Animal Disease Diagnostic Laboratory 
(FADDL) at Greenport, NY, and (2) performing identification, serology, 
and pathobiology tests and providing veterinary diagnostic reagents and 
other materials and services at the National Veterinary Services 
Laboratories (NVSL) at Ames, IA. Diagnostic reagents are biological 
materials used in diagnostic tests to detect disease agents or 
antibodies by causing an identifiable reaction. We also consider 
sterilization by gamma radiation to be a veterinary diagnostics 
service. Other miscellaneous veterinary diagnostic services include, 
but are not limited to, providing check tests, test kits, manuals, 
standard operating procedures, and training.

Small Entities Impacted by Proposed Changes

    Users of these veterinary diagnostic services are importers, 
exporters, veterinarians, commercial laboratories,

[[Page 24489]]

State laboratories, universities, and foreign governments.
    The Small Business Administration's criteria for a small entity 
engaged in importing and exporting live animals, poultry, and birds is 
one whose total sales are less than $5 million annually. This is also 
the criteria for small testing laboratories, veterinary service 
providers, and research organizations.
    Except for those entities who deal exclusively in purebred or 
registered animals, 1995 data from the Bureau of the Census shows that 
the majority of agricultural entities who deal in grade animals can be 
considered small. However, the number of entities who specifically 
trade in live animals and who would qualify as a small entity under 
this definition cannot be determined.
    According to the Bureau of the Census, 94 percent of testing 
laboratories can be considered small. While veterinary testing 
laboratories comprise part of this classification, it cannot be 
determined how many entities performing veterinary services would be 
considered small under the Small Business Administration's guidelines.
    To the extent that changes in user fees alter operational costs, 
any entity who utilizes APHIS' services that are subject to user fees 
may be affected by the proposed changes in user fees. The degree to 
which an entity is affected depends on its market power, or the ability 
to which costs can be either absorbed or passed on to its buyers. 
Without information on either profit margins and operational expenses 
of the affected entities,<SUP>1</SUP> or the supply responsiveness of 
the affected industry,<SUP>2</SUP> the scale of impacts cannot be 
precisely predicted.
---------------------------------------------------------------------------

    \1\ Profits for sales of small entities are proprietary in 
nature and are not a part of the public record.
    \2\ The measurement of supply responsiveness would provide 
information on the likely impact on an entity's production due to 
changes in operating costs.
---------------------------------------------------------------------------

Changes in Collections

    The estimated increased collections generated by the proposed user 
fees in this document could be $1.28 million annually (collections 
could increase from $2.13 million collected in FY 97 to $3.41 million). 
This represents an increase in user fee collections for veterinary 
diagnostics and other import-and export-related services of 
approximately 40 percent. (See Table 13.)

 Table 13.--Summary of Current and Projected Collections for APHIS User 
                                  Fees                                  
------------------------------------------------------------------------
                                Current user    Projected     Change in 
     User fee categories             fee         user fee     user fee  
                                 collections   collections   collections
-------------------------------------\1\--------------------------------
Revised Veterinary                                                      
 Diagnostics User Fees:                                                 
    FADDL: \2\                                                          
        Reagents, Tests,                                                
         Other (Sec.  130.14)       $508,297    $1,074,542     $566,245 
    NVSL:                                                               
        Identification Tests                                            
         (Sec.  130.15)......        398,023       428,581       30,558 
        Serology Tests (Sec.                                            
         130.16).............        727,979       928,506      200,527 
        Pathobiology Tests                                              
         (Sec.  130.17)......         81,260        90,608        9,348 
        Reagents (Sec.                                                  
         130.18).............         76,534        84,321        7,787 
        Other (Sec.  130.19).        149,184       174,832       25,648 
                              ------------------------------------------
            Total Revised                                               
             Veterinary                                                 
             Diagnostics User                                           
             Fees............      1,941,277     2,781,390      840,113 
                              ==========================================
New Veterinary Diagnostics                                              
 User Fees:                                                             
    FADDL:                                                              
        Reagents, Tests,                                                
         Other (Sec.  130.14)  ..............       98,126       98,126 
    NVSL:                                                               
        Identification Tests                                            
         (Sec.  130.15)......  ..............       47,476       47,476 
        Serology Tests (Sec.                                            
         130.16).............  ..............        1,000        1,000 
        Pathobiology Tests                                              
         (Sec.  130.17)......  ..............        1,397        1,397 
        Reagents (Sec.                                                  
         130.18).............  ..............      154,929      154,929 
        Other (Sec.  130.19).  ..............      104,589      104,589 
                                              --------------------------
            Total New                                                   
             Veterinary                                                 
             Diagnostics User                                           
             Fees............  ..............      407,517      407,517 
            Total Veterinary                                            
             Diagnostics User                                           
             Fees Collections      1,941,277     3,188,907    1,247,630 
                              ==========================================
Other User Fee Changes:                                                 
    Zoo Animals Quarantined                                             
     in APHIS Animal Import                                             
     Centers (Sec.  130.2                                               
     (a))....................          1,935         3,192        1,257 
    Non-Standard Care and                                               
     Handling for Birds or                                              
     Poultry (Sec.  130.2                                               
     (b))....................         33,780        37,965        4,185 
    Exclusive Use of Space at                                           
     APHIS Animal Import                                                
     Center in Newburgh, NY                                             
     (Sec.  130.3)...........        126,164       121,450       (4,714)
    User Fees for Other                                                 
     Services (Sec.  130.8)..         27,528        62,970       35,442 
                              ------------------------------------------
        Total Other User Fee                                            
         Changes.............        189,407       225,577       36,170 
                              ------------------------------------------
        Total Changes in User                                           
         Fee Collections.....      2,130,684     3,414,484   1,283,800  
------------------------------------------------------------------------
\1\ Source: USDA--APHIS--FSO, NVSL, FADDL.                              
\2\ Includes collections from cooperative agreements where user fees are
  the basis for determining amount to be charged.                       

    The benefit of user fees is the shift in the payment of services 
from taxpayers as a whole to those persons who are receiving the 
government services. While taxes may not change by the same amount as 
the change in user fee collections, there is a related shift in the 
appropriations of taxes to government programs, which allows those tax 
dollars to be applied to other programs which benefit the public in 
general. Therefore, there could be a relative

[[Page 24490]]

savings to taxpayers of $1.28 million annually as a result of the 
proposed changes in user fees.
    The administrative cost involved in obtaining these savings would 
be minimal. APHIS already has a user fee program and a mechanism for 
collecting user fees in place. This proposal would update existing user 
fees in the system and require collection of additional user fees. 
Therefore, increases in administrative costs would be small. Because 
the savings are sufficiently large, and the administrative costs would 
be small, it is likely that the net gain in reducing the burden on 
taxpayers as a whole would outweigh the cost of administering the 
revisions of the user fees.

Estimated Impact

    The proposed user fees fall into two categories: New and revised 
user fees. The vast majority of the proposed user fees are expected to 
make only small contributions to the total new collections. Most 
(nearly 70 percent) of the proposed new user fees would be less than 
$50 each and 40 percent would be less than $25. Most (approximately 70 
percent) of the proposed revised user fees increase by less than 20 
percent, with many (more than 50 percent) of them increasing by less 
than 10 percent.
    We anticipate a low demand for the majority of the proposed new 
user fees that are greater than $50 and the proposed revised user fees 
that would increase by more than 20 percent. Most of the proposed new 
user fees that exceed $50 either include more direct labor time than 
those services with lower user fees or require premium costs to pay for 
special materials.
    The proposed revised user fees that would increase by more than 20 
percent include those user fees that were underestimated when initially 
established. Experience and more accurate accounting data have shown 
that most of these services require more direct labor hours, require 
premium costs to pay for special materials, or should be calculated 
using average lab salaries, which is consistent with the calculations 
for other user fees throughout 9 CFR part 130.

Alternatives

    One alternative to this proposed rule would be to make no changes 
to the current user fees. We do not consider making no changes to the 
current user fees a reasonable alternative because we would not recover 
the full cost of providing veterinary diagnostic and import- and 
export-related services. Therefore, the only way to pay for these 
services is through charges to the customer through user fees or other 
forms of reimbursable agreements.
    Another alternative to this proposed rule would be to either exempt 
small businesses from these user fees or establish a different user fee 
structure for small businesses. APHIS cannot exempt certain classes of 
users, such as small businesses, from the user fees, and cannot charge 
user fees that recover less than the full cost of providing the 
service. In addition, every business, including small businesses, using 
a government service needs to pay the cost of that service, rather than 
having other businesses pay a disproportionate share or passing those 
costs on to the general public, who are not the primary beneficiary of 
the service. Therefore, we do not consider exempting small businesses 
from these user fees or establishing a different user fee structure for 
small businesses as viable options.
    Another alternative to this proposed rule would be to spread the 
proposed increased costs over all of the user fees, so no single user 
fee would increase significantly. Our user fees are calculated to 
recover the costs of the service for which each user fee is charged. To 
spread the proposed increases among user fees would mean that some 
entities would subsidize others. The intent of user fees is to shift 
the burden of the cost of these services from the general taxpayer to 
the entity receiving the service. Therefore, APHIS cannot spread the 
increases evenly over all of the user fees.
    This proposed rule contains no new information collection or 
recordkeeping requirements.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this proposed rule have been approved by the Office of 
Management and Budget (OMB), and there are no new requirements. The 
assigned OMB control numbers are 0579-0015, 0579-0040, 0579-0055, and 
0579-0094.

List of Subjects in 9 CFR Part 130

    Animals, Birds, Diagnostic reagents, Exports, Imports, Poultry, 
Quarantine, Reporting and recordkeeping requirements, Tests.
    Accordingly, 9 CFR part 130 would be amended as follows:

PART 130--USER FEES

    1. The authority citation for part 130 would be revised to read as 
follows:

    Authority: 5 U.S.C. 5542; 7 U.S.C. 1622; 19 U.S.C. 1306; 21 
U.S.C. 102-105, 111, 114, 114a, 134a, 134b, 134c, 134d, 134f, 135, 
136, and 136a; 31 U.S.C. 3701, 3716, 3717, 3719, and 3720A; 7 CFR 
2.22, 2.80, and 371.2(d).

    2. Section 130.1 would be amended as follows:
    a. The definitions for APHIS animal health technician, APHIS 
veterinarian, and reference assistance testing would be removed.
    b. Definitions for APHIS representative, nonstandard care and 
handling, and nonstandard housing would be added, in alphabetical 
order, to read as set forth below.
    c. The definitions for export health certificate and pet birds 
would be revised to read as set forth below.
    d. Footnotes 3 and 4 and their references would be removed, and 
footnote 2 and its reference would be redesignated as footnote 3.
    e. At the end of the definitions for zoo bird and zoo equine a 
reference to footnote 3 would be added.


Sec. 130.1  Definitions.

* * * * *
    APHIS representative. An individual, including, but not limited to, 
animal health technicians and veterinarians, authorized by the 
Administrator to perform the services for which the user fees in this 
part are charged.
* * * * *
    Export health certificate. An official document that, as required 
by the importing country, is endorsed by an APHIS representative and 
states that animals, animal products, organisms, vectors, or birds to 
be exported from the United States were found to be healthy and free 
from evidence of communicable diseases and pests.
* * * * *
    Nonstandard care and handling. Nonstandard care and handling 
includes hand-feeding, more than one feeding per day, frequent 
observation, and any handling or observation which requires personnel 
to attend to the birds or poultry outside of normal business 
hours.<SUP>2</SUP>
---------------------------------------------------------------------------

    \2\ Normal business hours at the APHIS Animal Import Centers 
are: 7:30 a.m. to 11:30 a.m., Honolulu, HI; 7 a.m. to 3:30 p.m., 
Miami, FL; and 8 a.m. to 4:30 p.m., Newburgh, NY.

---------------------------------------------------------------------------

[[Page 24491]]

    Nonstandard housing. Nonstandard housing is individual housing not 
normally available at an APHIS Animal Import Center, any housing 
constructed or purchased at the request of the importer, any housing 
with blinds, dense foliage, or plants, and any housing where the 
temperature can be adjusted.
* * * * *
    Pet birds. Birds, except hatching eggs and ratites, which are 
imported or exported for the personal pleasure of their individual 
owners and are not intended for resale.
* * * * *
    4. Section 130.2 would be revised to read as follows:


Sec. 130.2  User fees for individual animals and certain birds 
quarantined in APHIS Animal Import Centers.

    (a) Standard requirements. User fees for each animal or bird 
receiving standard housing, care, feed, and handling while quarantined 
in an APHIS owned or operated Animal Import Center or quarantine 
facility are listed in the following table. Each user fee listed in the 
table is assessed per animal or bird quarantined by APHIS. The person 
for whom the service is provided and the person requesting the service 
are jointly and severally liable for payment of these user fees in 
accordance with Secs. 130.50 and 130.51.

------------------------------------------------------------------------
                                                              Daily user
                       Animal or bird                            fee    
------------------------------------------------------------------------
Birds (excluding ratites and pet birds imported in                      
 accordance with part 93 of this subchapter):                           
    0-250 grams............................................        $1.00
    251-1,000 grams........................................         3.25
    Over 1,000 grams.......................................         7.50
Domestic or zoo animals (except equines, birds, and                     
 poultry):                                                              
    Bison, bulls, camels, cattle, or zoo animals...........        56.50
    All other--including but not limited to alpacas,                    
     llamas, goats, sheep, and swine.......................        15.00
Equines (including zoo equines, but excluding miniature                 
 horses):                                                               
    1st through 3rd day....................................       149.50
    4th through 7th day....................................       108.25
    8th and subsequent days................................        91.75
Miniature horses...........................................        40.25
Poultry:                                                                
    Doves, pigeons, quail..................................         2.00
    Chickens, ducks, grouse, guinea fowl, partridges, pea               
     fowl, pheasants.......................................         3.50
    Large poultry and large waterfowl including but not                 
     limited to game cocks, geese, swans, and turkeys......         8.25
Ratites:                                                                
    Chicks (less than 3 months old)........................         5.75
    Juveniles (between 3 and 10 months old)................         8.00
    Adults (11 months old and older).......................        16.25
------------------------------------------------------------------------

    (b) Special requirements. User fees for birds or poultry, including 
zoo birds or poultry, receiving nonstandard housing, care, or handling 
to meet special requirements while quarantined in an APHIS owned or 
operated Animal Import Center or quarantine facility are listed in the 
following table. The user fees listed in the table are assessed for 
each bird or poultry 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. The 
person for whom the service is provided and the person requesting the 
service are jointly and severally liable for payment of these user fees 
in accordance with Secs. 130.50 and 130.51.

------------------------------------------------------------------------
                                                              Daily user
  Bird or poultry (nonstandard housing, care, or handling)       fee    
------------------------------------------------------------------------
Birds 0-250 grams and doves, pigeons, and quail............        $3.25
Birds 251-1,000 grams and poultry such as chickens, ducks,              
 grouse, guinea fowl, partridges, pea fowl, and pheasants..         7.50
Birds over 1,000 grams and large poultry and large                      
 waterfowl including but not limited to game cocks, geese,              
 swans, and turkeys........................................        14.00
------------------------------------------------------------------------

    (c) Feed. 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.

(Approved by the Office of Management and Budget under control number 
0579-0094)

    5. Section 130.3 would be amended by revising paragraph (a)(1), 
including the table, to read as follows:


Sec. 130.3  User fees for exclusive use of space at APHIS Animal Import 
Centers.

    (a)(1) An importer may request to exclusively occupy a space at an 
APHIS Animal Import Center. The user fees for spaces at APHIS Animal 
Import Centers are listed in the following table. The person for whom 
the service is provided and the person requesting the service are 
jointly and severally liable for payment of these user fees in 
accordance with Secs. 130.50 and 130.51.

------------------------------------------------------------------------
                                                            Monthly (30 
   APHIS animal import center             Space            day) user fee
------------------------------------------------------------------------
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
Newburgh, NY:                                                           
    Space A....................  5,396 sq. ft. (503.1         $43,102.00
                                  sq. m.).                              
    Space B....................  8,903 sq. ft. (827.1          71,118.50
                                  sq. m.).                              

[[Page 24492]]

                                                                        
    Space C....................  905 sq. ft. (84.1 sq.          7,229.00
                                  m.).                                  
------------------------------------------------------------------------

* * * * *
    6. Sections 130.5 through 130.8 would be revised to read as 
follows:


Sec. 130.5  User fees for services at privately operated permanent and 
temporary import quarantine facilities.

    (a) User fees for each animal quarantined in a privately operated 
permanent or temporary import quarantine facility will be calculated at 
$56.00 per hour, or $14.00 per quarter-hour, with a minimum fee of 
$16.50, for each employee required to perform the service. The person 
for whom the service is provided and the person requesting the service 
are jointly and severally liable for payment of these user fees in 
accordance with Secs. 130.50 and 130.51.
    (b) [Reserved]

(Approved by the Office of Management and Budget under control number 
0579-0094)


Sec. 130.6  User fees for import or entry services for live animals at 
land border ports along the United States-Mexico border.

    (a) User fees, with a minimum fee of $16.50, for live animals 
presented for importation into or entry into the United States through 
a land border port along the United States-Mexico border are listed in 
the following table. The person for whom the service is provided and 
the person requesting the service are jointly and severally liable for 
payment of these user fees in accordance with the provisions in 
Secs. 130.50 and 130.51.

------------------------------------------------------------------------
                                                               User fee 
                    Type of live animal                       (per head)
------------------------------------------------------------------------
Feeder.....................................................        $1.75
Slaughter..................................................         2.50
Horses, other than slaughter...............................        29.25
In-bond or in transit......................................         3.75
Any ruminants not covered above............................         6.00
------------------------------------------------------------------------

    (b) [Reserved]

(Approved by the Office of Management and Budget under control numbers 
0579-0055 and 0579-0094)


Sec. 130.7  User fees for import or entry services for live animals at 
all other ports of entry.

    (a) User fees, with a minimum fee of $16.50, for live animals 
presented for importation into or entry into the United States through 
any port of entry, other than a land border port along the border 
between the United States and Mexico, are listed in the following 
table. The person for whom the service is provided and the person 
requesting the service are jointly and severally liable for payment of 
these user fees in accordance with the provisions in Secs. 130.50 and 
130.51.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                          Type of live animal                                                                User fee                                   
--------------------------------------------------------------------------------------------------------------------------------------------------------
Animals being imported into the United States:                                                                                                          
Horses, other than slaughter and in transit............................                                                                 $19.00 per head.
Breeding animals (Grade animals, except horses):                                                                                                        
    Swine..............................................................                                                                   0.50 per head.
    Sheep and goats....................................................                                                                   0.50 per head.
    All others.........................................................                                                                   2.25 per head.
Registered animals, all types..........................................                                                                   4.00 per head.
Feeder animals:                                                                                                                                         
    Cattle (not including calves)......................................                                                                   1.00 per head.
    Swine..............................................................                                                                   0.25 per head.
    Sheep and calves...................................................                                                                   0.25 per head.
Slaughter animals, all types...........................................                                                                  16.50 per load.
Poultry (including eggs), imported for any purpose.....................                                                                  33.00 per load.
Animals transiting \1\ the United States                                                                                                                
Cattle.................................................................                                                                   1.00 per head.
Swine..................................................................                                                                   0.25 per head.
Sheep and goats........................................................                                                                   0.25 per head.
Horses and all other animals...........................................                                                                   4.50 per head.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The user fee in this section will be charged for intransit authorizations at the port where the authorization services are performed. For additional
  services provided by APHIS, at any port, the applicable hourly user fee will apply.                                                                   

    (b) [Reserved]

(Approved by the Office of Management and Budget under control numbers 
0579-0055 and 0579-0094)


Sec. 130.8  User fees for other services.

    (a) User fees for other services that are not specifically 
addressed elsewhere in part 130 are listed in the following table. The 
person for whom the service is provided and the person requesting the 
service are jointly and severally liable for payment of these user fees 
in accordance with the provisions in Secs. 130.50 and 130.51.

[[Page 24493]]



----------------------------------------------------------------------------------------------------------------
                          Service                                                  User fee                     
----------------------------------------------------------------------------------------------------------------
Germ Plasm Being exported: \2\                                                                                  
    Embryo:                                                                                                     
        (up to 5 donor pairs)..............................  $54.75 per certificate.                            
        (each additional group of donor pairs, up to 5        24.75 per group of donor pairs.                   
         pairs per group, on the same certificate).                                                             
    Semen..................................................   33.50 per certificate.                            
Germ Plasm Being imported: \1\                                                                                  
    Embryo.................................................   39.50 per load.                                   
    Semen..................................................   39.50 per load.                                   
Import compliance assistance:                                                                                   
    Simple (2 hours or less)...............................   51.25 per release.                                
    Complicated (more than 2 hours)........................  131.75 per release.                                
Inspection for approval of slaughter establishment:                                                             
    Initial approval.......................................  246.50 for all inspections required during the     
                                                              year.                                             
    Renewal................................................  213.50 for all inspections required during the     
                                                              year.                                             
Inspection of approved establishments, warehouses, and                                                          
 facilities under 9 CFR parts 94 through 96:                                                                    
    Approval (Compliance Agreement)........................  262.75 for first year of 3-year approval (for all  
                                                              inspections required during the year).            
    Renewed approval.......................................  152.00 per year for second and third years of 3-   
                                                              year approval (for all inspections required during
                                                              the year).                                        
Pet birds, except pet birds of U.S. origin entering the                                                         
 United States from Canada:                                                                                     
    Which have been out of United States 60 days or less...   71.25 per lot.                                    
    Which have been out of United States more than 60 days.  169.75 per lot.                                    
Processing VS form 16-3, ``Application for Permit to Import                                                     
 Controlled Material/Import or Transport Organisms or                                                           
 Vectors'':                                                                                                     
    For permit to import fetal bovine serum when facility    208.50 per application.                            
     inspection is required.                                                                                    
    For all other permits..................................   27.50 per application.                            
    Amended application....................................   11.50 per amended application                     
    Application renewal....................................   15.00 per application.                            
Release from export agricultural hold:                                                                          
    Simple (2 hours or less)...............................   51.25 per release.                                
    Complicated (more than 2 hours)........................  131.75 per release.                                
----------------------------------------------------------------------------------------------------------------
\1\ For inspection of empty containers being imported into the United States, the applicable hourly user fee    
  would apply, unless a user fee has been assessed under 7 CFR 354.3.                                           
\2\ This user fee includes a single inspection and resealing of the container at the APHIS employee's regular   
  tour of duty station or at a limited port. For each subsequent inspection and resealing required, the         
  applicable hourly user fee would apply.                                                                       

    (b) [Reserved]

(Approved by the Office of Management and Budget under control numbers 
0579-0015, 0579-0040, 0579-0055, and 0579-0094)

    7. Section 130.9 would be amended by revising the introductory text 
of paragraph (a) to read as follows and by removing and reserving 
paragraph (b).


Sec. 130.9  User fees for miscellaneous import or entry services.

    (a) User fees for import or entry services listed in (a)(1) through 
(a)(4) of this paragraph will be calculated at $56.00 per hour, or 
$14.00 per quarter hour, with a minimum fee of $16.50, for each 
employee required to perform the service. The person for whom the 
service is provided and the person requesting the service are jointly 
and severally liable for payment of these user fees in accordance with 
Secs. 130.50 and 130.51.
* * * * *
    (b) [Reserved]

(Approved by the Office of Management and Budget under control numbers 
0579-0055 and 0579-0094)

    8. In Sec. 130.10, the introductory text of paragraph (a) would be 
revised to read as follows:


Sec. 130.10  User fees for pet birds quarantined at APHIS-owned or 
supervised quarantine facilities.

    (a) User fees for each pet bird quarantined in an animal import 
center <SUP>4</SUP> or other APHIS-owned or supervised quarantine 
facility are listed in the following table. These user fees include 
standard care, feed, and handling. The person for whom the service is 
provided and the person requesting the service are jointly and 
severally liable for payment of these user fees in accordance with 
Secs. 130.50 and 130.51.
---------------------------------------------------------------------------

    \4\ APHIS animal import centers are located in Honolulu, HI, 
Miami, FL, and Newburgh, NY. The addresses of these facilities are 
published in part 93 of this chapter.
---------------------------------------------------------------------------

* * * * *
    9. Sections 130.14 through 130.18 would be revised to read as 
follows:


Sec. 130.14  User fees for FADDL veterinary diagnostics.

    (a) Diagnostic reagents. User fees for diagnostic reagents 
<SUP>5</SUP> provided by

[[Page 24494]]

FADDL are listed in the following table. The person for whom the 
service is provided and the person requesting the service are jointly 
and severally liable for payment of these user fees in accordance with 
Secs. 130.50 and 130.51.
---------------------------------------------------------------------------

    \5\ Reagents provided by FADDL are for the diagnosis of animal 
diseases foreign to the United States. These reagents may be 
available to customers on the mainland after safety testing with 
permission from the Administrator. The customer may have to pay the 
cost for the safety test in addition to the reagent user fee. For 
more information on the specific reagents contact: Laboratory Chief, 
USDA, APHIS, VS, FADDL, Greenport, NY 11344; phone (516) 323-2500, 
FAX (516) 323-2798.

------------------------------------------------------------------------
                   Reagent                       User fee       Unit    
------------------------------------------------------------------------
Bovine antiserum, any agent..................       $80.00  1 ml.       
Caprine antiserum, any agent.................        97.50  1 ml.       
Cell culture antigen/microorganism...........        63.75  1 ml.       
Equine antiserum, any agent..................       100.50  1 ml.       
Fluorescent antibody conjugate...............       120.25  1 ml.       
Guinea pig antiserum, any agent..............       104.50  1 ml.       
Monoclonal antibody..........................       122.75  1 ml.       
Ovine antiserum, any agent...................        94.25  1 ml.       
Porcine antiserum, any agent.................        81.25  1 ml.       
Rabbit antiserum, any agent..................        98.50  1 ml .      
------------------------------------------------------------------------

    (b) Veterinary diagnostics tests. User fees for veterinary 
diagnostic tests performed at FADDL are listed in the following table. 
The person for whom the service is provided and the person requesting 
the service are jointly and severally liable for payment of these user 
fees in accordance with Secs. 130.50 and 130.51.

------------------------------------------------------------------------
                     Test                        User fee       Unit    
------------------------------------------------------------------------
Agar gel immunodiffusion.....................       $14.75  Test.       
Card.........................................         8.25  Test.       
Complement fixation..........................        33.00  Test.       
Direct immunofluorescent antibody............        11.00  Test.       
Enzyme linked immunosorbent assay............        12.75  Test.       
Fluorescent antibody neutralization (hog             96.00  Test.       
 cholera).                                                              
Hemagglutination inhibition..................        27.75  Test.       
Immunoperoxidase.............................        18.25  Test.       
Indirect fluorescent antibody................        23.25  Test.       
In-vitro safety..............................       299.50  Test.       
In-vivo safety...............................      4345.75  Test.       
Latex agglutination..........................        11.00  Test.       
Tube agglutination...........................        14.00  Test.       
Virus isolation (oesophageal/pharyngeal).....        88.25  Test.       
Virus isolation in embryonated eggs..........       176.00  Test.       
Virus isolation, other.......................        84.50  Test.       
Virus neutralization.........................        25.75  Test.       
------------------------------------------------------------------------

    (c) Other veterinary diagnostic services. User fees for other 
veterinary diagnostic services performed at FADDL are listed in the 
following table. The person for whom the service is provided and the 
person requesting the service are jointly and severally liable for 
payment of these user fees in accordance with Secs. 130.50 and 130.51.

----------------------------------------------------------------------------------------------------------------
               Veterinary diagnostic service                   User fee                    Unit                 
----------------------------------------------------------------------------------------------------------------
Bacterial isolation........................................       $55.00  Test.                                 
Hourly user fee services \1\...............................       220.00  Hour.                                 
Hourly user fee services--Quarter hour.....................        55.00  Quarter hour.                         
Infected cells on chamber slides or plates.................        31.00  Slide.                                
Reference animal tissues for immunohistochemistry..........        94.25  Set.                                  
Sterilization by gamma radiation...........................       530.00  Can.                                  
Training (school or technical assistance)..................       450.00  Per person per day.                   
Virus titration............................................        55.00  Test.                                 
----------------------------------------------------------------------------------------------------------------
\1\ For all veterinary diagnostic services for which there is no flat rate user fee, the hourly rate user fee   
  will be calculated for the actual time required to provide the service.                                       

(Approved by the Office of Management and Budget under control numbers 
0579-0055 and 0579-0094)


Sec. 130.15  User fees for veterinary diagnostic isolation and 
identification tests performed at NVSL (excluding FADDL) or other 
authorized site.

    (a) Bacteriology isolation and identification tests. User fees for 
bacteriology isolation and identification tests performed at NVSL 
(excluding FADDL) or other authorized sites are listed in the following 
table. The person for whom the service is provided and the person 
requesting the service are jointly and severally liable for payment of 
these user fees in accordance with Secs. 130.50 and 130.51.

------------------------------------------------------------------------
                   Test                      User fee         Unit      
------------------------------------------------------------------------
Bacterial identification, automated......       $16.00  Isolate.        
Bacterial identification, non-automated..        61.25  Isolate.        
Bacterial isolation......................        16.00  Sample.         
Bacterial serotyping, all other..........        30.75  Isolate.        
Bacterial serotyping, Pasteurella                 7.50  Isolate.        
 multocida.                                                             

[[Page 24495]]

                                                                        
Bacterial serotyping, Salmonella.........        21.25  Isolate.        
Bacterial toxin typing...................        91.50  Isolate.        
Bacteriology requiring special                   27.00  Test.           
 characterization.                                                      
DNA fingerprinting.......................        36.50  Test.           
DNA probe................................        29.50  Test.           
Fluorescent antibody \1\.................         9.75  Test.           
Leptospira culturing.....................        27.00  Sample.         
Leptospira serotyping....................        80.50  Isolate.        
Mycobacterium avian serotyping...........       157.50  Isolate.        
Mycobacterium identification                     63.25  Isolate.        
 (biochemical).                                                         
Mycobacterium identification (gas                26.50  Procedure.      
 chromatography).                                                       
Mycobacterium isolation, animal                 520.50  Submission.     
 inoculations.                                                          
Mycobacterium isolation, all other.......       105.50  Submission.     
Mycobacterium paratuberculosis isolation.        26.50  Submission.     
Mycology culture identification..........        52.75  Isolate.        
Mycology/fungus culture or isolation.....        26.50  Isolate.        
Mycoplasma isolation.....................        26.25  Sample.         
Mycoplasma identification................        26.25  Isolate.        
Phage typing, all other..................        26.50  Isolate.        
Phage typing, Salmonella enteritidis.....        10.75  Isolate.        
Plasmid typing...........................        26.50  Isolate.        
Warburg..................................       316.50  Isolate.        
------------------------------------------------------------------------
\1\ A discount will apply to all diagnostic, non-import related         
  complement fixation, hemagglutination inhibition, fluorescent         
  antibody, indirect fluorescent antibody, virus neutralization, and    
  peroxidase linked antibody tests. This discount only applies to the   
  11th and subsequent tests on the same submission by the same submitter
  for the same test and antigen. The user fee for each discounted test  
  will be 20 percent of the original user fee rounded up to the nearest 
  quarter. This discount will apply for tests for all diseases except   
  equine piroplasmosis, bovine piroplasmosis, dourine, and glanders.    

    (b) Virology identification tests. User fees for virology 
identification tests performed at NVSL (excluding FADDL) or other 
authorized sites are listed in the following table. The person for whom 
the service is provided and the person requesting the service are 
jointly and severally liable for payment of these user fees in 
accordance with Secs. 130.50 and 130.51.

------------------------------------------------------------------------
                     Test                        User fee       Unit    
------------------------------------------------------------------------
Fluorescent antibody tissue section..........       $18.25  Test.       
Virus isolation for Newcastle disease virus..        15.25  Test.       
Virus isolation (except for Newcastle disease        31.50  Test.       
 virus).                                                                
------------------------------------------------------------------------

(Approved by the Office of Management and Budget under control numbers 
0579-0055 and 0579-0094)


Sec. 130.16  User fees for veterinary diagnostic serology tests 
performed at NVSL (excluding FADDL) or at authorized sites.

    (a) Bacteriology serology tests. User fees for bacteriology 
serology tests performed at NVSL (excluding FADDL) or other authorized 
sites are listed in the following table. The person for whom the 
service is provided and the person requesting the service are jointly 
and severally liable for payment of these user fees in accordance with 
Secs. 130.50 and 130.51.

------------------------------------------------------------------------
                    Test                        User fee        Unit    
------------------------------------------------------------------------
Brucella milk ELISA.........................       $15.75  Test.        
Brucella ring (BRT).........................        10.50  Test.        
Brucella ring, Heat inactivated (HIRT)......        10.50  Test.        
Brucella ring, Serial (Serial BRT)..........        15.75  Test.        
Buffered acidified plate antigen presumptive         4.00  Test.        
Card........................................         2.00  Test.        
Complement fixation \1\.....................         9.00  Test.        
Enzyme linked immunosorbent assay for                9.00  Test.        
 dourine, glanders, or piroplasmosis.                                   
Enzyme linked immunosorbent assay, all other         4.75  Test.        
Indirect fluorescent antibody \1\...........         9.75  Test.        
Mercaptoethanol.............................         4.00  Test.        
Microscopic agglutination--includes up to 5         11.00  Sample.      
 serovars \2\.                                                          
Mycology/fungus serology....................        10.50  Test.        
Particle concentration fluorescent                  18.25  Test.        
 immunoassay (PCFIA).                                                   
Plate.......................................         4.00  Test.        
Rapid automated presumptive.................         4.25  Test.        
Rivanol.....................................         4.00  Test.        
Tube agglutination..........................         4.00  Test.        
------------------------------------------------------------------------
\1\ A discount will apply to all diagnostic, non-import related         
  complement fixation, hemagglutination inhibition, fluorescent         
  antibody, indirect fluorescent antibody, virus neutralization, and    
  peroxidase linked antibody tests. This discount only applies to the   
  11th and subsequent tests on the same submission by the same submitter
  for the same test and antigen. The user fee for each discounted test  
  will be 20 percent of the original user fee rounded up to the nearest 
  quarter. This discount will apply for tests for all diseases except   
  equine piroplasmosis, bovine piroplasmosis, dourine, and glanders.    
\2\ The user fee for the sixth and subsequent serovar will be $2.00     
  each.                                                                 


[[Page 24496]]

    (b) Virology serology tests. User fees for virology serology tests 
performed at NVSL (excluding FADDL) or at authorized sites are listed 
in the following table. The person for whom the service is provided and 
the person requesting the service are jointly and severally liable for 
payment of these user fees in accordance with Secs. 130.50 and 130.51.

------------------------------------------------------------------------
                     Test                        User fee       Unit    
------------------------------------------------------------------------
Agar gel immunodiffusion.....................        $5.00  Test.       
Complement fixation \1\......................         9.00  Test.       
Enzyme linked immunosorbent assay............         4.75  Test.       
Hemagglutination inhibition \1\..............         7.50  Test.       
Indirect fluorescent antibody \1\............         9.75  Test.       
Latex agglutination..........................         5.00  Test.       
Peroxidase linked antibody \1\...............         9.75  Test.       
Plaque reduction neutralization..............         7.75  Test.       
Rabies fluorescent antibody neutralization...        26.50  Test.       
Virus neutralization \1\.....................         7.75  Test.       
------------------------------------------------------------------------
\1\ A discount will apply to all diagnostic, non-import related         
  complement fixation, hemagglutination inhibition, fluorescent         
  antibody, indirect fluorescent antibody, virus neutralization, and    
  peroxidase linked antibody tests. This discount only applies to the   
  11th and subsequent tests on the same submission by the same submitter
  for the same test and antigen. The user fee for each discounted test  
  will be 20 percent of the original user fee rounded up to the nearest 
  quarter. This discount will apply for tests for all diseases except   
  equine piroplasmosis, bovine piroplasmosis, dourine, and glanders.    

(Approved by the Office of Management and Budget under control numbers 
0579-0055 and 0579-0094)


Sec. 130.17  User fees for other veterinary diagnostic laboratory tests 
performed at NVSL (excluding FADDL) or at authorized sites.

    (a) User fees for veterinary diagnostic tests performed at the 
Pathobiology Laboratory at NVSL (excluding FADDL) or at authorized 
sites are listed in the following table. The person for whom the 
service is provided and the person requesting the service are jointly 
and severally liable for payment of these user fees in accordance with 
Secs. 130.50 and 130.51.

------------------------------------------------------------------------
                     Test                        User fee       Unit    
------------------------------------------------------------------------
Aflatoxin quantitation.......................       $20.50  Test.       
Aflatoxin screen.............................        11.25  Test.       
Agar gel immunodiffusion spp. identification.         6.25  Test.       
Antibiotic (bioautography) quantitation......        25.00  Test.       
Antibiotic (bioautography) screen............        50.00  Test.       
Antibiotic inhibition........................        25.25  Test.       
Arsenic......................................         6.75  Test.       
Ergot alkaloid screen........................        25.25  Test.       
Ergot alkaloid confirmation..................        33.00  Test.       
Feed microscopy..............................        25.25  Test.       
Fumonisin only...............................        20.50  Test.       
Gossypol.....................................        37.75  Test.       
Mercury......................................        56.00  Test.       
Metals screen................................        29.75  Test.       
Metals single element confirmation...........         6.75  Test.       
Mycotoxin: aflatoxin-liver...................        82.25  Test.       
Mycotoxin screen.............................        34.00  Test.       
Nitrate/nitrite..............................        25.00  Test.       
Organic compound confirmation................        34.00  Test.       
Organic compound screen......................       114.75  Test.       
Parasitology.................................        19.25  Test.       
Pesticide quantitation.......................        52.25  Test.       
Pesticide screen.............................        38.00  Test.       
pH...........................................        10.00  Test.       
Plate cylinder...............................        37.75  Test.       
Selenium.....................................        33.25  Test.       
Silicate/carbonate disinfectant..............        25.00  Test.       
Temperature disks............................        50.25  Test.       
Toxicant quantitation, other.................        42.25  Test.       
Toxicant screen, other.......................        25.00  Test.       
Vomitoxin only...............................        20.75  Test.       
Water activity...............................        12.50  Test.       
Zearaleone quantitation......................        20.50  Test.       
Zearaleone screen............................        11.25  Test.       
------------------------------------------------------------------------

    (b) [Reserved]

(Approved by the Office of Management and Budget under control numbers 
0579-0055 and 0579-0094)


Sec. 130.18  User fees for veterinary diagnostic reagents produced at 
NVSL or other authorized site (excluding FADDL).

    (a) Bacteriology reagents. User fees for bacteriology reagents 
produced by the Diagnostic Bacteriology Laboratory at NVSL (excluding 
FADDL) or other authorized site are listed in the following table. The 
person for whom the service is provided and the person requesting the 
service are jointly and severally liable for payment of these user fees 
in accordance with Secs. 130.50 and 130.51.

[[Page 24497]]



------------------------------------------------------------------------
                  Reagent                     User fee         Unit     
------------------------------------------------------------------------
Anaplasma card test antigen...............       $34.00  2 ml.          
Anaplasma card test kit without antigen...       105.50  Kit.           
Anaplasma CF antigen......................        17.00  2 ml.          
Anaplasma stabilate.......................        67.25  4.5 ml.        
Avian origin bacterial antiserums,                11.50  1 ml.          
 mycoplasma.                                                            
Avian origin bacterial antiserums, all            17.75  1 ml.          
 other.                                                                 
Bacterial agglutinating antigens other            30.50  5 ml.          
 than brucella and salmonella pullorum.                                 
Bacterial conjugates......................        36.00  1 ml.          
Bacterial disease CF antigens, all other..         8.50  1 ml.          
Bacterial ELISA antigens..................         9.50  1 ml.          
Bacterial or protozoal antiserums, all             7.25  1 ml.          
 other.                                                                 
Bacterial reagent culture \1\.............        21.25  Culture.       
Bacterial reference culture \2\...........        63.25  Culture.       
Bacteriophage reference culture...........        63.25  Culture.       
Bovine serum factor.......................         1.25  2 ml.          
Brucella abortus CF antigen...............        34.00  60 ml.         
Brucella agglutination antigens, all other        34.00  60 ml.         
Brucella buffered plate antigen...........        50.00  60 ml.         
Brucella canis tube antigen...............        30.50  25 ml.         
Brucella card test antigen (packaged).....        19.50  Package.       
Brucella card test kit without antigen....        70.25  Kit.           
Brucella cells............................         5.25  Gram           
Brucella cells, dried.....................         2.00  Pellet         
Brucella ring test antigen................        72.75  60 ml.         
Brucella rivanol solution.................         8.75  60 ml.         
Dourine CF antigen........................        17.50  1 ml.          
Dourine stabilate.........................        34.75  4.5 ml.        
Equine and bovine origin hemoparasitic            21.25  1 ml.          
 antiserums.                                                            
Equine negative control CF antigen........       171.25  1 ml.          
Equine origin glanders antiserum..........        18.25  1 ml.          
Flazo-orange..............................         6.25  3 ml.          
Glanders CF antigen.......................        17.50  1 ml.          
Hemoparasitic disease CF antigens, all           158.25  1 ml.          
 other.                                                                 
Leptospira transport medium...............         3.25  10 ml.         
Monoclonal antibody.......................        37.50  1 ml.          
Mycobacterium spp. old tuberculin.........         3.75  1 ml.          
Mycobacterium spp. PPD....................         3.25  1 ml.          
Mycoplasma hemagglutination antigens......       105.50  5 ml.          
Negative control serums...................         4.00  1 ml.          
Other spp. antiserum, any.................        32.75  1 ml.          
Rabbit origin bacterial antiserum.........        14.25  1 ml.          
Salmonella pullorum microagglutination             6.25  5 ml.          
 antigen.                                                               
Stabilates, all other.....................       258.25  4.5 ml.        
------------------------------------------------------------------------
\1\ A reagent culture is a bacterial culture that has been subcultured  
  one or more times after being tested for purity and identity. It is   
  intended for use as a reagent with a diagnostic test such as the      
  leptospiral microagglutination test.                                  
\2\ A reference culture is a bacterial culture that has been thoroughly 
  tested for purity and identity. It should be suitable as a master seed
  for future cultures.                                                  

    (b) Virology reagents. User fees for virology reagents produced by 
the Diagnostic Virology Laboratory at NVSL (excluding FADDL) or at 
authorized sites are listed in the following table. The person for whom 
the service is provided and the person requesting the service are 
jointly and severally liable for payment of these user fees in 
accordance with Secs. 130.50 and 130.51.

----------------------------------------------------------------------------------------------------------------
                          Reagent                              User fee                    Unit                 
----------------------------------------------------------------------------------------------------------------
Antigen, except avian influenza and chlamydia psittaci           $41.502  ml.                                   
 antigens, any.                                                                                                 
Avian antiserum except avian influenza antiserum, any......        23.00  2 ml.                                 
Avian influenza antigen, any...............................         9.25  2 ml.                                 
Avian influenza antiserum, any.............................        53.75  6 ml.                                 
Bovine or ovine serum, any.................................        88.00  2 ml.                                 
Cell Culture...............................................        20.00  Flask.                                
Chlamydia psittaci spp. of origin monoclonal antibody panel        47.25  Panel.                                
Conjugate, any.............................................        20.25  1 ml.                                 
Diluted positive control serum, any........................         6.75  2 ml.                                 
Equine antiserum, any......................................        12.25  2 ml.                                 
Hog Cholera tissue sets....................................        81.50  Tissue set.                           
Monoclonal antibody........................................        37.50  1 ml.                                 
Other spp. antiserum, any..................................        32.75  1 ml.                                 
Porcine antiserum, any.....................................        60.50  2 ml.                                 
Positive control tissues, all..............................  ...........  2 cm.\2\                              
                                                                    4.25  section.                              
Rabbit origin antiserum....................................        14.25  ml.                                   

[[Page 24498]]

                                                                                                                
Reference virus, any.......................................        63.50  0.6 ml.                               
Viruses (except reference viruses), chlamydia psittaci              5.50  0.6 ml.                               
 agent, or chlamydia psittaci antigen, any.                                                                     
----------------------------------------------------------------------------------------------------------------

(Approved by the Office of Management and Budget under control number 
0579-0094)

    10. A new Sec. 130.19 would be added to read as follows:


Sec. 130.19  User fees for other veterinary diagnostic services or 
materials provided at NVSL (excluding FADDL).

    (a) User fees for other veterinary diagnostic services or materials 
available from NVSL (excluding FADDL) are listed in the following 
table. The person for whom the service is provided and the person 
requesting the service are jointly and severally liable for payment of 
these user fees in accordance with Secs. 130.50 and 130.51.

----------------------------------------------------------------------------------------------------------------
                         Service                            User fee                      Unit                  
----------------------------------------------------------------------------------------------------------------
Antimicrobial susceptibility test.......................       $30.50  Isolate.                                 
Avian safety test.......................................     2,701.75  Test.                                    
Check tests, anaplasma complement fixation..............       132.00  Kit.\1\                                  
Check tests, culture....................................        88.00  Kit.\1\                                  
Check tests, serology, all other........................       125.75  Kit.\1\                                  
Fetal bovine serum safety test..........................       673.50  Verification.                            
Hourly user fee services\2\                               ...........  .........................................
    Hour................................................        56.00  Hour.                                    
    Quarter hour........................................        14.00  Quarter Hour.                            
    Minimum.............................................        16.50  .........................................
Manual, Brucellosis complement fixation.................        13.00  1 copy.                                  
Manual, Brucellosis culture.............................        52.75  1 copy.                                  
Manual, Tuberculosis culture (English or Spanish).......        79.25  1 copy.                                  
Manual, Veterinary mycology.............................       105.50  1 copy.                                  
Manual, Anaplasmosis, Johne's disease, mycoplasma               21.25  1 copy.                                  
 hyopneumonia, piroplasmosis, dourine, or glanders.                                                             
Manuals or standard operating procedure (SOP), all other        13.25  1 copy.                                  
Manuals or SOP, per page................................         2.00  1 page.                                  
Training (school or technical assistance)...............       120.00  Per person per day.                      
----------------------------------------------------------------------------------------------------------------
\1\ Any reagents required for the check test will be charged separately.                                        
\2\ For veterinary diagnostic services for which there is no flat rate user fee the hourly rate user fee will be
  calculated for the actual time required to provide the service.                                               

    (b) [Reserved]

(Approved by the Office of Management and Budget under control 
number 0579-0094)

    11. Section 130.20 would be amended by revising the introductory 
text in paragraphs (a) and (b)(1) to read as follows and by removing 
paragraph (d).


Sec. 130.20  User fees for endorsing export health certificates.

    (a) User fees for the endorsement of export health certificates 
that do not require the verification of tests or vaccinations are 
listed in the following table. The user fees apply to each export 
health certificate <SUP>6</SUP> endorsed for the following types of 
animals, birds, or animal products, regardless of the number of 
animals, birds, or animal products covered by the certificate. The 
person for whom the service is provided and the person requesting the 
service are jointly and severally liable for payment of these user fees 
in accordance with Secs. 130.50 and 130.51.
---------------------------------------------------------------------------

    \6\ 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 
health certificates as a service.
---------------------------------------------------------------------------

* * * * *
    (b)(1) User fees for the endorsement of export health certificates 
that require the verification of tests or vaccinations are listed in 
the following table. The user fees apply to each export health 
certificate \6\ endorsed for animals and birds depending on the number 
of animals or birds covered by the certificate and the number of tests 
required. The person for whom the service is provided and the person 
requesting the service are jointly and severally liable for payment of 
these user fees in accordance with the provisions in Secs. 130.50 and 
130.51.
* * * * *
    12. Section 130.21 would be amended by revising the section heading 
and the introductory text in paragraph (a) to read as follows, by 
removing and reserving paragraph (b), and by removing paragraph (c).


Sec. 130.21  User fees for inspection and supervision services provided 
within the United States for export animals, birds, and animal 
products.

    (a) User fees for inspection and supervision services listed in 
paragraph (a)(1) through (a)(7) of this section will be calculated at 
$56.00 per hour, or $14.00 per quarter-hour, with a minimum fee of 
$16.50, for each employee required to perform the service. The person 
for whom the service is provided and the person requesting the service 
are jointly and severally liable for payment of these user fees in 
accordance with Secs. 130.50 and 130.51.
* * * * *


Sec. 130.49  [Amended]

    13. In Sec. 130.49, paragraph (a) would be amended by removing the 
reference ``130.18'' and adding the reference ``130.19'' in its place.
    14. Sections 130.50 and 130.51 would be revised to read as follows:


Sec. 130.50  Payment of user fees.

    (a) Who must pay APHIS user fees? Any person for whom a service is 
provided related to the importation, entry, or exportation of an 
animal, article, or means of conveyance or relating to veterinary 
diagnostics, and any person requesting such services, shall be jointly 
and severally liable for payment of fees assessed.
    (b) Associated charges.
    (1) Reservation fee. Any reservation fee paid by an importer under 
part 93 of this chapter will be applied to the APHIS user fees 
specified in Secs. 130.2 and 130.3 for animals or birds

[[Page 24499]]

quarantined in an Animal Import Center.
    (2) Special handling expenses. The user fees in this part do not 
include any costs that may be incurred due to special mail handling, 
including, but not limited to express, overnight, or foreign mailing. 
If any service requires special mail handling, all costs incurred must 
be paid by the user in addition to the user fee for the service.
    (3) Overtime charges. If a test must be conducted on a Sunday or 
holiday or at any time outside the normal tour of duty of the employee, 
then, as provided for in part 97 of this chapter, one of the following 
will apply:
    (i) Overtime associated with flat rate user fees (i.e., for a 
specific service, test, or reagent). Reimbursable overtime must be paid 
for performing each test, in addition to the flat rate user fee listed 
in this part.
    (ii) Overtime associated with hourly rate user fees. The premium 
rate user fee, as listed in the following table, in lieu of the hourly 
rate user fee listed in this part, must be paid for each employee 
required to perform each service:

                          Premium rate user fee                         
------------------------------------------------------------------------
                                            Outside the normal tour of  
                                                       duty             
                                         -------------------------------
                                           Weekdays and                 
                                             holidays         Sundays   
------------------------------------------------------------------------
Per hour................................          $65.00          $74.00
Per quarter-hour........................           16.25           18.50
Minimum.................................           16.50           16.50
------------------------------------------------------------------------

    (c) When are APHIS user fees due?
    (1) Animal and bird quarantine and related tests. User fees 
specified in Secs. 130.2, 130.3, 130.5, 130.10, and tests specified in 
Secs. 130.14 through 130.19 for animals and birds in an Animal Import 
Center or privately operated permanent or temporary import quarantine 
facilities, including user fees for tests conducted on these animals or 
birds, must be paid prior to the release of those animals or birds from 
quarantine;
    (2) Supervision and inspection services for export animals, animal 
products. User fees for supervision and inspection services specified 
in Sec. 130.21 must be paid when billed, or, if covered by a compliance 
agreement signed in accordance with this chapter, must be paid when 
specified in the agreement;
    (3) Export health certificates. User fees for export health 
certificates specified in Sec. 130.20 must be paid prior to receipt of 
endorsed certificates unless APHIS determines that the user has 
established an acceptable credit history, at which time payment may, at 
the option of the user, be made when billed;
    (4) Veterinary diagnostics. User fees specified in Secs. 130.14 
through 130.19 for veterinary diagnostic services, such as tests on 
samples submitted to NVSL or FADDL, diagnostic reagents, slide sets, 
tissue sets, and other veterinary diagnostic services, must be paid 
when the veterinary diagnostic service is requested, unless APHIS 
determines that the user has established an acceptable credit history, 
at which time payment may, at the option of the user, be made when 
billed;
    (5) Other user fee services. User fees specified in Secs. 130.6, 
130.7, 130.8, and 130.9 must be paid when service is provided (for 
example when live animals are inspected when presented for importation 
at a port of entry), unless APHIS determines that the user has 
established an acceptable credit history, at which time payment may, at 
the option of the user, be made when billed;
    (d) What payment methods are acceptable? Payment must be for the 
exact amount due and may be paid by:
    (1) Cash, will be accepted only during normal business hours if 
payment is made at an APHIS office \7\ or an Animal Import Center;
    (2) All types of checks, including traveler's checks, drawn on a 
U.S. bank in U.S. dollars and made payable to the U.S. Department of 
Agriculture or USDA;
    (3) Money orders, drawn on a U.S. bank in U.S. dollars and made 
payable to the U.S. Department of Agriculture or USDA; or
    (4) Credit cards (VISA<SUP>TM</SUP> and MasterCard<SUP>TM</SUP>) if 
payment is made at an Animal Import Center or an APHIS office that is 
equipped to process credit cards.\7\
---------------------------------------------------------------------------

    \7\ A list of APHIS offices and Animal Import Centers that 
accept cash or credit cards may be obtained from the Animal and 
Plant Health Inspection Service, Veterinary Services, National 
Center for Import and Export, 4700 River Road Unit 38, Riverdale, MD 
20738-1231.
---------------------------------------------------------------------------


Sec. 130.51  Penalties for nonpayment or late payment.

    (a) Unpaid debt. If any person for whom the service is provided 
fails to pay when due any debt to APHIS, including any user fee due 
under title 7 or title 9, Code of Federal Regulations, then:
    (1) Subsequent user fee payments. Payment must be made for 
subsequent user fees before the service is provided if:
    (i) For unbilled fees, the user fee is unpaid 60 days after the 
date the pertinent regulatory provision indicates payment is due;
    (ii) For billed fees, the user fee is unpaid 60 days after date of 
bill;
    (iii) The person for whom the service is provided or the person 
requesting the service has not paid the late payment penalty or 
interest on any delinquent APHIS user fee; or
    (iv) Payment has been dishonored.
    (2) Resolution of difference between estimate and actual. APHIS 
will estimate the user fee to be paid; any difference between the 
estimate and the actual amount owed to APHIS will be resolved as soon 
as reasonably possible following the delivery of the service, with 
APHIS returning any excess to the payor or billing the payor for the 
additional amount due.
    (3) Prepayment form. The prepayment must be in guaranteed form, 
such as money order, certified check, or cash. Prepayment in guaranteed 
form will continue until the debtor pays the delinquent debt.
    (4) Denied service. Service will be denied until the debt is paid 
if:
    (i) For unbilled fees, the user fee is unpaid 90 days after date 
the pertinent regulatory provision indicates payment is due;
    (ii) For billed fees, the user fee is unpaid 90 days after date of 
bill;
    (iii) The person for whom the service is provided or the person 
requesting the service has not paid the late payment penalty or 
interest on any delinquent APHIS user fee; or
    (iv) Payment has been dishonored.
    (b) Unpaid debt during service. If APHIS is in the process of 
providing a

[[Page 24500]]

service for which an APHIS user fee is due, and the user has not paid 
the fee within the time required, or if the payment offered by the user 
is inadequate or unacceptable, then APHIS will take the following 
action:
    (1) Animals or birds in quarantine. If an APHIS user fee specified 
in Sec. 130.2 or Sec. 130.3 is due for animals or birds in quarantine 
at an Animal Import Center or at a privately operated import quarantine 
facility, APHIS will not release them;
    (2) Export health certificate. If an APHIS user fee specified in 
Sec. 130.20 is due for an export health certificate, APHIS will not 
release the certificate; and
    (3) Veterinary diagnostics. If an APHIS user fee specified in 
Secs. 130.14 through 130.19 is due for a veterinary diagnostic test or 
service, APHIS will not release the test result, any endorsed 
certificate, or any other veterinary diagnostic service.
    (c) Late payment penalty. If for unbilled user fees, the user fees 
are unpaid 30 days after the date the pertinent regulatory provisions 
indicates payment is due, or if billed, are unpaid 30 days after the 
date of the bill, APHIS will impose a late payment penalty and interest 
charges in accordance with 31 U.S.C. 3717.
    (d) Dishonored payment penalties. User fees paid with dishonored 
forms of payment, such as a check returned for insufficient funds, will 
be subject to interest and penalty charges in accordance with 30 U.S.C. 
3717. Administrative charges will be assessed at $20.00 per dishonored 
payment to be paid in addition to the original amount owed. Payment 
must be in guaranteed form, such as cash, money order, or certified 
check.
    (e) Debt collection management. In accordance with the Debt 
Collection Improvement Act of 1996, the following provisions apply:
    (1) Taxpayer identification number. APHIS will collect a taxpayer 
identification number from all persons, other than federal agencies, 
who are liable for a user fee;
    (2) Administrative offset. APHIS will notify the Department of 
Treasury of debts that are over 180 days delinquent for the purposes of 
administrative offset. Under administrative offset, the Department of 
Treasury will withhold funds payable by the United States to a person 
(i.e., Federal income tax refunds) to satisfy the debt to APHIS.
    (3) Cross-servicing. APHIS will transfer debts that are over 180 
days delinquent to the Department of Treasury for cross-servicing. 
Under cross-servicing, the Department of Treasury will collect debts on 
behalf of APHIS. Exceptions will be made for debts that meet certain 
requirements, for example, debts that are already at a collection 
agency or in payment plan; and
    (4) Report delinquent debt. APHIS will report all unpaid debts to 
credit reporting bureaus.
    (f) Animals or birds abandoned after quarantine at an Animal Import 
Center. Animals or birds left in quarantine at an Animal Import Center 
for more than 30 days after the end of the required quarantine period 
will be deemed to be abandoned.
    (1) After APHIS releases the abandoned animals or birds from 
quarantine, APHIS may seize them and sell or otherwise dispose of them, 
as determined by the Administrator, provided that their sale is not 
contrary to any Federal law or regulation, and may recover all expenses 
of handling the animals or birds from the proceeds of their sale or 
disposition.
    (2) If animals or birds abandoned in quarantine at an Animal Import 
Center cannot be released from quarantine, APHIS may seize and dispose 
of them, as determined by the Administrator, and may recover all 
expenses of handling the animals or birds from the proceeds of their 
disposition and from persons liable for user fees under Sec. 130.50(a).

    Done in Washington, DC, this 28th day of April 1998.
Charles P. Schwalbe,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-11776 Filed 5-1-98; 8:45 am]
BILLING CODE 3410-34-P