[Federal Register Volume 74, Number 59 (Monday, March 30, 2009)]
[Rules and Regulations]
[Pages 13999-14006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7022]



========================================================================
Rules and Regulations
                                                Federal Register
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Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Rules 
and Regulations

[[Page 13999]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 130

[Docket No. APHIS-2006-0144]
RIN 0579-AC59


Import/Export User Fees

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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

SUMMARY: We are amending the regulations concerning user fees for 
import- and export-related services that we provide for animals, animal 
products, birds, germ plasm, organisms, and vectors. We are increasing 
those fees for fiscal years 2009 through 2013 in order to ensure that 
the fees accurately reflect the anticipated costs of providing these 
services each year. By publishing the annual user fee changes in 
advance, users can incorporate the fees into their budget planning.

DATES: Effective Date: April 29, 2009.

FOR FURTHER INFORMATION CONTACT: For information concerning program 
operations, contact Ms. Inez Hockaday, Director, Management Support 
Staff, VS, APHIS, 4700 River Road, Unit 44, Riverdale, MD 20737-1231; 
(301) 734-7517.
    For information concerning user fee rate development, contact Mrs. 
Kris Caraher, User Fees Section Head, Financial Management Division, 
MRPBS, APHIS, 4700 River Road Unit 55, Riverdale, MD 20737-1232, (301) 
734-0882.

SUPPLEMENTARY INFORMATION: 

Background

    The regulations at 9 CFR part 130 (referred to below as the 
regulations) list user fees for import- and export-related services 
provided by the Animal and Plant Health Inspection Service (APHIS) for 
animals, animal products, birds, germ plasm, organisms, and vectors. We 
are amending the user fees for these import- and export-related 
services to reflect the increased cost of providing these services.
    These user fees are authorized by section 2509(c)(1) of the Food, 
Agriculture, Conservation, and Trade Act of 1990, as amended (21 U.S.C. 
136a). APHIS is authorized to establish and collect fees that will 
cover the cost of providing import- and export-related services for 
animals, animal products, birds, germ plasm, organisms, and vectors.
    Since fiscal year (FY) 1992, APHIS has received no directly 
appropriated funds to provide import- and export-related services for 
animals, animal products, birds, germ plasm, organisms, and vectors. 
Our ability to provide these services depends on user fees. We change 
our user fees through the standard rulemaking process of publishing the 
proposed changes for public comment in the Federal Register, 
considering the comments, publishing the final changes in the Federal 
Register, and making the new user fees effective 30 days after the 
final rule is published.
    For our user fees to cover our costs so that we can continue to 
provide services and to inform our customers of user fees in time for 
advance planning, we proposed to set user fees for our services in 
advance for fiscal years 2009 to 2013. The proposed rule was published 
in the Federal Register on June 4, 2008 (73 FR 31771-31780, Docket No. 
APHIS-2006-0144).\1\ The proposed user fees were based on our costs of 
providing import- and export-related services in fiscal years 2005-
2007, plus anticipated annual increases in the salaries of the 
employees who provide the services, plus adjustments for inflation.
---------------------------------------------------------------------------

    \1\ To view the proposed rule and the comments we received, go 
to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2006-0144.
---------------------------------------------------------------------------

    We solicited comments concerning our proposal for 60 days ending 
August 4, 2008. We received seven comments by that date. The comments 
were from private citizens, a council of ornithological organizations, 
and livestock importers and exporters. The commenters raised several 
issues associated with the proposed rule. These issues are discussed 
below.
    One commenter stated generally that the proposed fee increases were 
too low.
    We calculate our user fees to cover the full cost of providing the 
services for which we charge the fee. We are confident that the user 
fees we proposed will be sufficient to recover the cost of providing 
these services. Furthermore, we intend to review these fees on at least 
an annual basis and will publish any necessary adjustments in the 
Federal Register.
    Several commenters expressed concern that increasing the fees would 
hurt livestock import/export businesses economically.
    APHIS needs to increase the fees in order to recover the costs of 
providing import/export related services. In the economic analysis for 
the proposed rule, we examined the potential economic effects of these 
user fee revisions on businesses and determined, based on the 
information available, that the effects of the changes should be small 
for both small and large entities. We have reviewed those conclusions 
and are confident that they are still accurate.
    One commenter stated that the reserve account was designed to issue 
credit to commercial importers who deal in large volumes of animals or 
animal products. The commenter stated that all permits should be paid 
for at the time of application.
    As we explained in the proposed rule, the reserve account consists 
of budgetary resources set aside to provide for future needs and 
unforeseen circumstances. The types of costs that are considered when 
developing the reserve include commitments, employee benefits, 
contingencies, business cycle ups and downs, capital equipment 
replacement, and provision for future legislative or executive actions. 
The reserve is not designed to provide credit to importers.
    We specifically requested comments about whether import compliance 
assistance fees would be better charged as hourly fees rather than as 
flat rate fees. One commenter stated that while charging hourly fees 
would improve flexibility and make it easier to recover costs, it would 
also add a burden to agency staff to monitor their time so that the 
hourly rate could be charged accurately. The commenter stated that 
correctly calculating time for a task in

[[Page 14000]]

a busy office when one might be simultaneously conducting other tasks 
can be very challenging, and expressed concern that this could lead to 
undercharging fees. Based on these concerns, the commenter recommended 
not charging these fees at an hourly rate.
    Another commenter asked that we add a definition for import 
compliance assistance to the regulations to clarify what services were 
covered by the fees.
    We agree with this commenter and have added a definition for import 
compliance assistance to the regulations in Sec.  130.1 in this final 
rule. We have defined import compliance assistance as ``Import 
compliance assistance includes services provided to an importer whose 
shipment arrives at a port of entry without the necessary paperwork or 
with incomplete paperwork and who requires assistance to meet the 
requirements for entry into the United States. Fees for import 
compliance assistance are charged in addition to the flat rate user 
fees.''
    One commenter requested that we combine the import and transport 
permits for untreated scientific material, and requested that we 
increase the duration of permits for the import and transport of 
untreated scientific materials from 1 to 3 years. The commenter stated 
that these actions would reduce agency workload and therefore reduce 
costs.
    Import permits are issued to foreign shippers when scientific 
materials are brought into the United States. Transport permits are 
issued to domestic shippers moving these materials within the United 
States. The processing required for these permits is similar, which is 
why they are covered under the same user fee, but the requirements and 
restrictions for each are different. Specifically, more mitigations are 
required for import permits because of the greater risks involved in 
bringing untreated scientific materials into the United States. 
Combining the two permit types would result in unnecessary restrictions 
being placed on the domestic movement of these materials. We did not 
propose to change the structure or duration of any permits in the 
proposed rule and are making no changes in response to this comment.
    One commenter stated that fees charged by the National Veterinary 
Services Laboratories (NVSL) for testing livestock for disease before 
export should be either eliminated entirely or reduced to the same 
amount as fees charged at State laboratories.
    We did not propose to revise the NVSL user fees in the proposed 
rule. The current fees for NVSL services were established in a final 
rule published in the Federal Register on December 19, 2007 (72 FR 
71744-71750, Docket No. APHIS-2006-0161). As with other user fees 
charged by APHIS, NVSL fees are calculated to recover the actual costs 
of providing testing services. We are making no changes to the rule in 
response to this comment.
    We are also making a minor change to the table in Sec.  130.11 by 
adding a footnote to the entry for inspection of biosecurity level 
three facilities to indicate where the fees for inspection of 
biosecurity level two facilities are listed. We are adding this 
footnote for the sake of clarity.
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, with the 
changes discussed in this document.

Executive Order 12866 and Regulatory Flexibility Act

    This final rule has been reviewed under Executive Order 12866. The 
rule has been determined to be not significant for the purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    In accordance with 5 U.S.C. 604, we have performed a final 
regulatory flexibility analysis, which is summarized below, regarding 
the economic effects of this rule on small entities. Copies of the full 
analysis are available on the Regulations.gov Web site (see footnote 1 
in this document for a link to Regulations.gov) or by contacting the 
person listed under FOR FURTHER INFORMATION CONTACT.
    The Secretary of Agriculture is authorized by the Food, 
Agriculture, Conservation and Trade Act of 1990, as amended, to 
prescribe and collect fees to recover the costs of providing import and 
export related services. APHIS is amending the user fees for providing 
veterinary services for import and export activities (9 CFR part 130). 
These fees are being updated to take into account the routine increases 
in the cost of doing business, such as inflation, replacing equipment, 
maintaining databases, etc., that have occurred since the last update 
and those that are expected to occur over the next 5 years. In 
addition, the fees are being adjusted to incorporate expenditures to 
maintain the current level of operations, improve service, and keep up 
with expanding demand for services. These expenditures include things 
from roof replacement to the modernization of facilities.
    User fees recover the cost of operating a public system by charging 
those members of the public who use the system, rather than the public 
as a whole, for its operation. User fees result in movement toward a 
more socially optimal level of demand where users fully incorporate the 
cost of APHIS services into their private costs. In addition, by 
setting the fees for these veterinary services to fully recover the 
associated costs, we can assure that the program operates at a level 
considered sufficient to meet demand for these services. If APHIS 
continued to collect user fees at the current rates over the next 5 
years, total collections would be approximately $113 million, nearly 
$54 million less than the projected cost of administering the program 
from FY 2009 through FY 2013. This demonstrates the magnitude of the 
shortfall in cost recovery that would occur absent the changes.

Effects on Small Entities

    The user fee revisions included in this final rule could affect 
some importers and exporters of live animals, animal products, and 
animal byproducts. The Small Business Administration (SBA) has 
established guidelines for determining which businesses are to be 
considered small. Importers and exporters of live animals, animal 
products, and animal byproducts are identified within the broader 
wholesaling trade sector of the U.S. economy. A firm primarily engaged 
in wholesaling animals or animal products is considered small if it 
employs not more than 100 persons. These entities either sell goods on 
their own account (import/export merchants) or arrange for the sale of 
goods owned by others (import/export agents and brokers). The North 
American Industry Classification System (NAICS) code 424430 covers 
dairy products (except dried or canned) merchant wholesalers. According 
to the 2002 Economic Census (the most recent census available), more 
than 98 percent of these wholesalers would be considered small by SBA 
standards.\2\ NAICS code 424440 covers poultry and poultry product 
merchant wholesalers. About 97 percent of these firms would be 
considered small according to the 2002 Economic Census. NAICS code 
424470 covers meat and meat product merchant wholesalers. About 97 
percent of these forms would be considered small according to the 2002 
Economic Census. NAICS code 424520 covers livestock merchant 
wholesalers. More than 99 percent of the firms in this category would 
be considered small according to the 2002 Economic Census.

[[Page 14001]]

Thus, the vast majority of entities potentially affected by the rule 
are likely to be considered small. However, the total impact of the 
changes should be small, as the fee changes represent a tiny fraction 
of the value of the shipments of animals and animal products. Imports 
and exports of livestock, meats, dairy products, poultry, and poultry 
products were valued at more than $23.8 billion in 2005. By contrast, 
the increase in annual collections from user fees included in this 
final rule would be about $5.3 million in FY 2009, and rising to about 
$14 million in 2013. We do not know the proportion of import and export 
services that are provided to small entities. However, the degree to 
which any firm, large or small, will be impacted by these changes is 
dependent on their level of participation in import or export trade. 
Based on the information that is available, the effects of the changes 
contained in this final rule should be small whether the entity 
affected is small or large.
---------------------------------------------------------------------------

    \2\ 2002 Economic Census, Department of Commerce, United States 
Bureau of the Census.
---------------------------------------------------------------------------

    In the proposed rule, we invited public comment on the expected 
economic effects of the proposed action on small entities, particularly 
costs estimates of compliance costs and impacts on revenue. Several 
commenters expressed concern that increasing the fees would hurt 
livestock import/export businesses economically but did not present any 
information which would support this contention.

Alternatives

    One alternative to this rule was to leave the regulations 
unchanged. In this case, the fees would remain unchanged. The current 
fees do not take into account the routine increases in the cost of 
doing business, such as inflation, replacing equipment, maintaining 
databases, etc., that have occurred since the last update. In addition, 
the fees are being adjusted to incorporate expenditures to maintain the 
current level of operations, improve service, and keep up with 
increasing demand for services. If APHIS were to continue to collect 
user fees at the current rates in fiscal years 2009-2013, total 
collections would be nearly $54 million short of projected program 
costs over that period. Therefore, this alternative was rejected.
    Another alternative to this rule was to charge hourly rate fees for 
all veterinary services. However, flat rate user fees are appropriate 
when the cost of providing a service is unchanging from user to user 
and the service is requested in relatively large numbers. It would be 
unnecessarily complex and costly to track hourly charges for services 
where a flat rate could be consistently used. Therefore, this 
alternative was rejected.
    Another alternative to this rule was to change all hourly fees to 
flat rate fees. However, charging a flat rate is not appropriate in all 
situations. We charge flat rate fees in cases where a service takes a 
consistent amount of time to perform, but for some services there can 
be a disparity in the time it takes to perform a given service for one 
user versus another. For example, hourly rates are charged for the 
inspection of biosecurity level 2 (BSL-2) laboratories, including 
travel. The inspection covers a specific checklist and is therefore 
similar from facility to facility. However, the amount of travel time 
required of the inspector varies widely, depending on the location of 
the facility. It would be unfair to charge both users the same flat fee 
for those inspections. Therefore, this alternative was rejected.
    This proposed rule contains no new information collection or 
recordkeeping requirements. (See ``Paperwork Reduction Act'' below).

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12988

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This rule: (1) Preempts all State and local laws 
and regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This final rule contains no information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

List of Subjects in 9 CFR Part 130

    Animals, Birds, Diagnostic reagents, Exports, Imports, Poultry and 
poultry products, Quarantine, Reporting and recordkeeping requirements, 
Tests.

0
Accordingly, we are amending 9 CFR part 130 as follows:

PART 130--USER FEES

0
1. The authority citation for part 130 continues to read as follows:

    Authority:  5 U.S.C. 5542; 7 U.S.C. 1622 and 8301-8317; 21 
U.S.C. 136 and 136a; 31 U.S.C. 3701, 3716, 3717, 3719, and 3720A; 7 
CFR 2.22, 2.80, and 371.4.


0
2. Section 130.1 is amended by adding, in alphabetical order, a 
definition for import compliance assistance to read as follows:


Sec.  130.1  Definitions.

* * * * *
    Import compliance assistance. Import compliance assistance includes 
services provided to an importer whose shipment arrives at a port of 
entry without the necessary paperwork or with incomplete paperwork and 
who requires assistance to meet the requirements for entry into the 
United States. Fees for import compliance assistance are charged in 
addition to the flat rate user fees.
* * * * *

0
3. Section 130.2 is amended as follows:
0
a. By revising the section heading to read as set forth below.
0
b. In paragraph (a), by revising the table to read as set forth below.
0
c. In paragraph (b), by revising the table to read as set forth below.
0
d. By removing paragraph (d).


Sec.  130.2  User fees for individual animals and certain birds 
quarantined in the APHIS-owned or -operated quarantine facilities, 
including APHIS Animal Import Centers.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
                                                                       Daily user fee
                                           ---------------------------------------------------------------------
              Animal or bird                  Apr. 29,    Oct. 1, 2009- Oct. 1, 2010- Oct. 1, 2011-
                                             2009-Sept.     Sept. 30,     Sept. 30,     Sept. 30,     Beginning
                                              30, 2009        2010          2011          2012      Oct. 1, 2012
----------------------------------------------------------------------------------------------------------------
Birds (excluding ratites and pet birds
 imported in accordance with part 93 of
 this subchapter):
    0-250 grams...........................         $2.50         $2.75         $2.75         $2.75         $3.00
    251-1,000 grams.......................          8.25          8.50          8.75          9.00          9.25

[[Page 14002]]

 
    Over 1,000 grams......................         18.00         19.00         19.00         20.00         21.00
Domestic or zoo animals (except equines,
 birds, and poultry):
    Bison, bulls, camels, cattle, or zoo          144.00        149.00        153.00        158.00        162.00
     animals..............................
    All others, including, but not limited         38.00         39.00         40.00         42.00         43.00
     to, alpacas, llamas, goats, sheep,
     and swine............................
Equines (including zoo equines, but
 excluding miniature horses):
1st through 3rd day (fee per day).........        382.00        393.00        405.00        417.00        429.00
    4th through 7th day (fee per day).....        276.00        284.00        292.00        301.00        310.00
    8th and subsequent days (fee per day).        235.00        242.00        249.00        256.00        264.00
    Miniature horses......................         86.00         89.00         91.00         94.00         97.00
Poultry (including zoo poultry):
    Doves, pigeons, quail.................          5.00          5.25          5.50          5.50          5.75
    Chickens, ducks, grouse, guinea fowl,           9.00          9.25          9.50          9.75         10.00
     partridge, pea fowl, pheasants.......
    Large poultry and large waterfowl,             21.00         22.00         22.00         23.00         24.00
     including, but not limited to,
     gamecocks, geese, swans, and turkeys.
Ratites:
    Chicks (less than 3 months old).......         13.00         13.00         14.00         14.00         15.00
    Juveniles (3 months through 10 months          20.00         20.00         21.00         22.00         22.00
     old).................................
    Adults (11 months old or older).......         38.00         39.00         40.00         42.00         43.00
----------------------------------------------------------------------------------------------------------------

    (b) * * *

----------------------------------------------------------------------------------------------------------------
                                                                       Daily user fee
                                           ---------------------------------------------------------------------
   Bird or poultry (nonstandard housing,      Apr. 29,    Oct. 1, 2009- Oct. 1, 2010- Oct. 1, 2011-
            care, or handling)               2009-Sept.     Sept. 30,     Sept. 30,     Sept. 30,     Beginning
                                              30, 2009        2010          2011          2012      Oct. 1, 2012
----------------------------------------------------------------------------------------------------------------
Birds 0-250 grams and doves, pigeons and           $8.25         $8.50         $8.75         $9.00         $9.25
 quail....................................
Birds 251-1,000 grams and poultry such as          18.00         19.00         19.00         20.00         21.00
 chickens, ducks, grouse, guinea fowl,
 partridge, pea fowl, and pheasants.......
Birds over 1,000 grams and large poultry           35.00         36.00         37.00         39.00         40.00
 and large waterfowl, including, but not
 limited to gamecocks, geese, swans, and
 turkeys..................................
----------------------------------------------------------------------------------------------------------------

* * * * *

0
4. In Sec.  130.3, paragraph (a)(1), the table is revised to read as 
follows:


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

    (a)(1) * * *

----------------------------------------------------------------------------------------------------------------
                                                                      Monthly user fee
                                           ---------------------------------------------------------------------
           Animal import center               Apr. 29,    Oct. 1, 2009- Oct. 1, 2010- Oct. 1, 2011-   Beginning
                                             2009- Sept.    Sept. 30,     Sept. 30,     Sept. 30,    October 1,
                                              30, 2009        2010          2011          2012          2013
----------------------------------------------------------------------------------------------------------------
Newburgh, NY:
    Space A...............................    $83,756.00    $86,268.00    $88,856.00   $91, 513.00    $94,249.00
    5,396 sq. ft..........................
    (503.1 sq. m.)........................
    Space B...............................    138,190.00    142,335.00    146,605.00    150,989.00    155,504.00
    8,903 sq. ft..........................
    (827.1 sq. m.)........................
    Space C...............................     14,047.00     14,469.00     14,903.00     15,348.00     15,807.00
    905 sq. ft............................
    (84.1 sq. m.).........................
----------------------------------------------------------------------------------------------------------------

* * * * *

0
5. In Sec.  130.4, the table is revised to read as follows:


Sec.  130.4  User fees for processing import permit applications.

* * * * *

[[Page 14003]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                  User fee
                                                                                   ---------------------------------------------------------------------
                    Service                                     Unit                  Apr. 29,    Oct. 1, 2009- Oct. 1, 2010- Oct. 1, 2011-
                                                                                    2009-  Sept.     Sept. 30,     Sept. 30,     Sept. 30,    Beginning
                                                                                      30, 2009        2010          2011          2012      Oct. 1, 2012
--------------------------------------------------------------------------------------------------------------------------------------------------------
Import compliance assistance:
    Simple (4 hours or less)...................  Per shipment.....................        $99.00       $102.00       $105.00       $108.00       $111.00
    Complicated (more than 4 hours)............  Per shipment.....................        514.00        514.00        531.00        548.00        565.00
Processing an application for a permit to
 import live animals, animal products or by
 products, organisms, vectors, or germ plasm
 (embryos or semen) or to transport organisms
 or vectors\1\
    Initial permit.............................  Per application..................        133.00        137.00        141.00        145.00        150.00
    Amended permit.............................  Per amended application..........         66.00         68.00         70.00         73.00         75.00
    Renewed permit \2\.........................  Per application..................         86.00         89.00         91.00         94.00         97.00
Processing an application for a permit to        Per application..................        455.00        469.00        483.00        497.00        512.00
 import fetal bovine serum when facility
 inspection is required.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Using Veterinary Services Form 16-3, ``Application for Permit to Import or Transport Controlled Material or Organisms or Vectors,'' or Form 17-129,
  ``Application for Import or In Transit Permit (Animals, Animal Semen, Animal Embryos, Birds, Poultry, or Hatching Eggs).''
\2\ Permits to import germ plasm and live animals are not renewable.


0
6. In Sec.  130.6, paragraph (a), the table is revised to read as 
follows:


Sec.  130.6   User fees for inspection of live animals at land border 
ports along the United States-Mexico border.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
                                                                      Per head user fee
                                           ---------------------------------------------------------------------
            Type of live animal               April 29,   Oct. 1, 2009- Oct. 1, 2010- Oct. 1, 2011-
                                             2009-Sept.     Sept. 30,     Sept. 30,     Sept. 30,     Beginning
                                              30, 2009        2010          2011          2012      Oct. 1, 2012
----------------------------------------------------------------------------------------------------------------
Any ruminants (including breeder                  $13.00        $13.00        $14.00        $14.00        $14.00
 ruminants) not covered below.............
Feeder....................................          3.75          3.75          4.00          4.00          4.00
Horses, other than slaughter..............         62.00         64.00         66.00         68.00         70.00
In-bond or in-transit.....................          8.25          8.50          8.75          9.00          9.25
Slaughter.................................          5.50          5.50          5.75          6.00          6.00
----------------------------------------------------------------------------------------------------------------

* * * * *

0
7. In Sec.  130.7, paragraph (a), the table is revised to read as 
follows:


Sec.  130.7   User fees for import or entry services for live animals 
at land border ports along the United States-Canada border.

    (a) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                  User fee
                                                                                   ---------------------------------------------------------------------
              Type of live animal                               Unit                  Apr. 29,    Oct. 1, 2009- Oct. 1, 2010- Oct. 1, 2011-
                                                                                     2009-Sept.     Sept. 30,     Sept. 30,     Sept. 30,     Beginning
                                                                                      30, 2009        2010          2011          2012      Oct. 1, 2012
--------------------------------------------------------------------------------------------------------------------------------------------------------
Animals being imported into the United States:
 Breeding animals (Grade animals, except
 horses):
    Sheep and goats............................  Per head.........................         $0.75         $0.75         $0.75         $1.00         $1.00
    Swine......................................  Per head.........................          1.25          1.25          1.25          1.25          1.25
All others.....................................  Per head.........................          4.75          4.75          5.00          5.25          5.25
Feeder animals:
    Cattle (not including calves)..............  Per head.........................          2.25          2.25          2.50          2.50          2.50
    Sheep and calves...........................  Per head.........................          0.75          0.75          1.00          1.00          1.00
    Swine......................................  Per head.........................          0.50          0.50          0.50          0.50          0.50
    Horses (including registered horses) other   Per head.........................         41.00         42.00         43.00         45.00         46.00
     than slaughter and in-transit.
    Poultry (including eggs), imported for any   Per load.........................         71.00         73.00         75.00         77.00         80.00
     purpose.
    Registered animals, all types (except        Per head.........................          8.50          8.75          9.25          9.50          9.75
     horses).
    Slaughter animals, all types (except         Per load.........................         35.00         36.00         37.00         39.00         40.00
     poultry).

[[Page 14004]]

 
Animals transiting \1\ the United States:
    Cattle.....................................  Per head.........................          2.25          2.25          2.50          2.50          2.50
    Sheep and goats............................  Per head.........................          0.50          0.50          0.50          0.50          0.50
    Swine......................................  Per head.........................          0.50          0.50          0.50          0.50          0.50
    Horses and all other animals...............  Per head.........................          9.75         10.00         10.00         10.00         11.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
\ 1\ The user fee in this section will be charged for in-transit authorizations at the port where the authorization services are performed. For
  additional services provided by APHIS, at any port, the hourly user fee in Sec.   130.30 will apply.

* * * * *

0
8. In Sec.  130.8, paragraph (a), the table is revised to read as 
follows:


Sec.  130.8  User fees for other services.

    (a) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                  User fee
                                                                                   ---------------------------------------------------------------------
                    Service                                     Unit                  Apr. 29,    Oct. 1, 2009- Oct. 1, 2010- Oct. 1, 2011-
                                                                                     2009-Sept.     Sept. 30,     Sept. 30,     Sept. 30,     Beginning
                                                                                      30, 2009        2010          2011          2012      Oct. 1, 2012
--------------------------------------------------------------------------------------------------------------------------------------------------------
Germ plasm being exported: \1\
    Embryo:
    Up to 5 donor pairs........................  Per certificate..................       $117.00       $121.00       $124.00       $128.00       $132.00
    Each additional group of donor pairs, up to  Per group of donor pairs.........         52.00         54.00         55.00         57.00         59.00
     5 pairs per group on the same certificate.
    Semen......................................  Per certificate..................         72.00         74.00         76.00         79.00         81.00
Release from export agricultural hold:
    Simple (2 hours or less)...................  Per release......................         99.00        102.00        105.00        108.00        111.00
    Complicated (more than 2 hours)............  Per release......................        254.00        262.00        270.00        278.00        286.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ 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 hourly user fee in Sec.   130.3 will apply.

* * * * *

0
9. Section 130.10 is amended as follows:
0
a. In paragraph (a), by revising the table to read as set forth below.
0
b. In paragraph (b), by revising the table to read as set forth below.


Sec.  130.10  User fees for pet birds.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
                                                                      Per lot user fee
                                           ---------------------------------------------------------------------
                  Service                     Apr. 29,    Oct. 1, 2009- Oct. 1, 2010- Oct. 1, 2011-
                                             2009-Sept.     Sept. 30,     Sept. 30,     Sept. 30,     Beginning
                                              30, 2009        2010          2011          2012      Oct. 1, 2012
----------------------------------------------------------------------------------------------------------------
(1) Which have been out of the United            $153.00       $157.00       $162.00       $167.00       $172.00
 States 60 days or less...................
(2) Which have been out of the United             363.00        374.00        385.00        397.00        409.00
 States more than 60 days.................
----------------------------------------------------------------------------------------------------------------

     (b) * * *

----------------------------------------------------------------------------------------------------------------
                                                                       Daily user fee
                                           ---------------------------------------------------------------------
        Number of birds in isolette           Apr. 29,    Oct. 1, 2009- Oct. 1, 2010- Oct. 1, 2011-
                                             2009-Sept.     Sept. 30,     Sept. 30,     Sept. 30,     Beginning
                                              30, 2009        2010          2011          2012      Oct. 1, 2012
----------------------------------------------------------------------------------------------------------------
1.........................................        $13.00        $13.00        $14.00        $14.00        $15.00
2.........................................         16.00         16.00         17.00         17.00         18.00
3.........................................         18.00         19.00         19.00         20.00         21.00
4.........................................         21.00         22.00         22.00         23.00         24.00
5 or more.................................         25.00         26.00         27.00         28.00         29.00
----------------------------------------------------------------------------------------------------------------

* * * * *

0
10. In Sec.  130.11, paragraph (a), the table is revised to read as 
follows:


Sec.  130.11   User fees for inspecting and approving import/export 
facilities and establishments.

    (a) * * *

[[Page 14005]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                  User fee
                                                                                   ---------------------------------------------------------------------
                    Service                                     Unit                  Apr. 29,    Oct. 1, 2009- Oct. 1, 2010- Oct. 1, 2011-
                                                                                     2009-Sept.     Sept. 30,     Sept. 30,     Sept. 30,     Beginning
                                                                                      30, 2009        2010          2011          2012      Oct. 1, 2012
--------------------------------------------------------------------------------------------------------------------------------------------------------
Embryo collection center inspection and          Per year.........................       $537.00       $553.00       $570.00       $587.00       $604.00
 approval (all inspections required during the
 year for facility approval).
Inspection for approval of biosecurity level     Per inspection...................      1,381.00      1,422.00      1,465.00      1,509.00      1,554.00
 three labs (all inspections related to
 approving the laboratory for handling one
 defined set of organisms or vectors)\1\.
Inspection for approval of slaughter
 establishment:
    Initial approval (all inspections).........  Per year.........................        527.00        543.00        559.00        576.00        593.00
    Renewal (all inspections)..................  Per year.........................        457.00        470.00        484.00        499.00        514.00
Inspection of approved establishments,
 warehouses, and facilities under 9 CFR parts
 94 through 96:
    Approval (compliance agreement) (all         Per year.........................        563.00        579.00        597.00        615.00        633.00
     inspections for first year of 3-year
     approval).
    Renewal (all inspections for second and      Per year.........................        325.00        335.00        345.00        355.00        366.00
     third years of 3-year approval).
--------------------------------------------------------------------------------------------------------------------------------------------------------
 \1\ The hourly user fee rate in Sec.   130.30(2) applies to biosecurity level two laboratories.

* * * * *

0
11. Section 130.20 is amended as follows:
0
a. In paragraph (a), by revising the table to read as set forth below.
0
b. In paragraph (b)(1), by revising the table to read as set forth 
below.


Sec.  130.20  User fees for endorsing export certificates.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
                                                                          User fee
                                           ---------------------------------------------------------------------
          Certificate categories              Apr. 29,    Oct. 1, 2009- Oct. 1, 2010- Oct. 1, 2011-
                                             2009-Sept.     Sept. 30,     Sept. 30,     Sept. 30,     Beginning
                                              30, 2009        2010          2011          2012      Oct. 1, 2012
----------------------------------------------------------------------------------------------------------------
Animal and nonanimal products.............        $45.00        $47.00        $48.00        $49.00        $51.00
Hatching eggs.............................         42.00         44.00         45.00         46.00         48.00
Poultry, including slaughter poultry......         42.00         44.00         45.00         46.00         48.00
Ruminants, except slaughter ruminants              47.00         48.00         49.00         51.00         52.00
 moving to Canada or Mexico...............
Slaughter animals (except poultry but              49.00         51.00         52.00         54.00         56.00
 including ruminants) moving to Canada or
 Mexico...................................
Other endorsements or certifications......         34.00         35.00         36.00         37.00         38.00
----------------------------------------------------------------------------------------------------------------

    (b)(1) * * *

----------------------------------------------------------------------------------------------------------------
                                                                          User fee
  Number \1\ of tests or vaccinations and  ---------------------------------------------------------------------
     number of animals or birds on the        Apr. 29,    Oct. 1, 2009- Oct. 1, 2010- Oct. 1, 2011-
                certificate                  2009-Sept.     Sept. 30,     Sept. 30,     Sept. 30,     Beginning
                                              30, 2009        2010          2011          2012      Oct. 1, 2012
----------------------------------------------------------------------------------------------------------------
1-2 tests or vaccinations
Nonslaughter horses to Canada:
    First horse...........................        $54.00        $55.00        $57.00        $59.00        $60.00
    Each additional horse.................          6.25          6.25          6.50          6.75          7.00
Other animals or birds:
    First animal..........................        107.00        111.00        114.00        117.00        121.00
    Each additional animal................          6.25          6.25          6.50          6.75          7.00
3-6 tests or vaccinations
    First animal..........................        133.00        137.00        141.00        145.00        150.00
    Each additional animal................         10.00         11.00         11.00         11.00         12.00
7 or more tests or vaccinations
    First animal..........................        154.00        159.00        163.00        168.00        173.00
    Each additional animal................         12.00         12.00         13.00         13.00         14.00
----------------------------------------------------------------------------------------------------------------
\1\ Rabies vaccinations are not included in this number.


[[Page 14006]]

* * * * *

0
12. Section 130.30 is amended as follows:
0
a. In paragraph (a), by revising the table to read as set forth below.
0
b. In paragraph (b), by revising the table to read as set forth below.


Sec.  130.30  Hourly rate and minimum user fees.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
                                                                          User fee
                                           ---------------------------------------------------------------------
                                              Apr. 29,    Oct. 1, 2009- Oct. 1, 2010- Oct. 1, 2011-
                                             2009-Sept.     Sept. 30,     Sept. 30,     Sept. 30,     Beginning
                                              30, 2009        2010          2011          2012      Oct. 1, 2012
----------------------------------------------------------------------------------------------------------------
Hourly rate:
    Per hour..............................       $120.00       $120.00       $124.00       $128.00       $132.00
    Per quarter hour......................         30.00         30.00         31.00         32.00         33.00
    Per service minimum fee...............         35.00         36.00         37.00         39.00         40.00
----------------------------------------------------------------------------------------------------------------

* * * * *
    (b) * * *

----------------------------------------------------------------------------------------------------------------
                                                                    Premium rate user fee
                                           ---------------------------------------------------------------------
  Overtime rates (outside the employee's      Apr. 29,    Oct. 1, 2009- Oct. 1, 2010- Oct. 1, 2011-
           normal tour of duty)              2009-Sept.     Sept. 30,     Sept. 30,     Sept. 30,     Beginning
                                              30, 2009        2010          2011          2012      Oct. 1, 2012
----------------------------------------------------------------------------------------------------------------
Premium hourly rate Monday through
 Saturday and holidays:
    Per hour..............................       $140.00       $144.00       $148.00       $152.00       $156.00
    Per quarter hour......................         35.00         36.00         37.00         38.00         39.00
Premium hourly rate for Sundays:
    Per hour..............................        160.00        164.00        168.00        172.00       $176.00
    Per quarter hour......................         40.00         41.00         42.00         43.00         44.00
----------------------------------------------------------------------------------------------------------------

* * * * *

    Done in Washington, DC, this 24th day of March 2009.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E9-7022 Filed 3-27-09; 8:45 am]
BILLING CODE 3410-34-P