This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

13999 

Vol. 74, No. 59 

Monday, March 30, 2009 

1To view the proposed rule and the comments 

we received, go to http://www.regulations.gov/ 

fdmspublic/component/ 

main?main=DocketDetail&d=APHIS-2006-0144. 

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 exportrelated 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 importand 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. 

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 


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14000 Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Rules and Regulations 

2 2002 Economic Census, Department of 

Commerce, United States Bureau of the Census. 

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 § 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 § 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. 


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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. 

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. 

■ Accordingly, we are amending 9 CFR 

part 130 as follows: 

PART 130—USER FEES 

■ 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. 

■ 2. Section 130.1 is amended by 

adding, in alphabetical order, a 

definition for import compliance 

assistance to read as follows: 

§ 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. 

* * * * * 

■ 3. Section 130.2 is amended as 

follows: 

■ a. By revising the section heading to 

read as set forth below. 

■ b. In paragraph (a), by revising the 

table to read as set forth below. 

■ c. In paragraph (b), by revising the 

table to read as set forth below. 

■ d. By removing paragraph (d). 

§ 130.2 User fees for individual animals 

and certain birds quarantined in the APHISowned or -operated quarantine facilities, 

including APHIS Animal Import Centers. 

(a) * * * 

Animal or bird 

Daily user fee 

Apr. 29, 

2009–Sept. 

30, 2009 

Oct. 1, 2009– 

Sept. 30, 

2010 

Oct. 1, 2010– 

Sept. 30, 

2011 

Oct. 1, 2011– 

Sept. 30, 

2012 

Beginning 

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 


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Animal or bird 

Daily user fee 

Apr. 29, 

2009–Sept. 

30, 2009 

Oct. 1, 2009– 

Sept. 30, 

2010 

Oct. 1, 2010– 

Sept. 30, 

2011 

Oct. 1, 2011– 

Sept. 30, 

2012 

Beginning 

Oct. 1, 2012 

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 animals ........................... 144.00 149.00 153.00 158.00 162.00 

All others, including, but not limited to, alpacas, llamas, 

goats, sheep, and swine ..................................................... 38.00 39.00 40.00 42.00 43.00 

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, partridge, pea fowl, 

pheasants ............................................................................ 9.00 9.25 9.50 9.75 10.00 

Large poultry and large waterfowl, including, but not limited 

to, gamecocks, geese, swans, and turkeys ........................ 21.00 22.00 22.00 23.00 24.00 

Ratites: 

Chicks (less than 3 months old) ............................................. 13.00 13.00 14.00 14.00 15.00 

Juveniles (3 months through 10 months old) ......................... 20.00 20.00 21.00 22.00 22.00 

Adults (11 months old or older) .............................................. 38.00 39.00 40.00 42.00 43.00 

(b) * * * 

Bird or poultry (nonstandard housing, care, or handling) 

Daily user fee 

Apr. 29, 

2009–Sept. 

30, 2009 

Oct. 1, 2009– 

Sept. 30, 

2010 

Oct. 1, 2010– 

Sept. 30, 

2011 

Oct. 1, 2011– 

Sept. 30, 

2012 

Beginning 

Oct. 1, 2012 

Birds 0–250 grams and doves, pigeons and quail ........................ $8.25 $8.50 $8.75 $9.00 $9.25 

Birds 251–1,000 grams and poultry such as chickens, ducks, 

grouse, guinea fowl, partridge, pea fowl, and pheasants .......... 18.00 19.00 19.00 20.00 21.00 

Birds over 1,000 grams and large poultry and large waterfowl, 

including, but not limited to gamecocks, geese, swans, and 

turkeys ........................................................................................ 35.00 36.00 37.00 39.00 40.00 

* * * * * ■ 4. In § 130.3, paragraph (a)(1), the 

table is revised to read as follows: 

§ 130.3 User fees for exclusive use of 

space at APHIS Animal Import Centers. 

(a)(1) * * * 

Animal import center 

Monthly user fee 

Apr. 29, 

2009– 

Sept. 30, 

2009 

Oct. 1, 2009– 

Sept. 30, 

2010 

Oct. 1, 2010– 

Sept. 30, 

2011 

Oct. 1, 2011– 

Sept. 30, 

2012 

Beginning 

October 1, 

2013 

Newburgh, NY: 

Space A ..................................................................................

5,396 sq. ft. .............................................................................

(503.1 sq. m.) ......................................................................... $83,756.00 $86,268.00 $88,856.00 $91, 513.00 $94,249.00 

Space B ..................................................................................

8,903 sq. ft. .............................................................................

(827.1 sq. m.) ......................................................................... 138,190.00 142,335.00 146,605.00 150,989.00 155,504.00 

Space C ..................................................................................

905 sq. ft. ................................................................................

(84.1 sq. m.) ........................................................................... 14,047.00 14,469.00 14,903.00 15,348.00 15,807.00 

* * * * * ■ 5. In § 130.4, the table is revised to 

read as follows: 

§ 130.4 User fees for processing import 

permit applications. 

* * * * * 


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Service Unit 

User fee 

Apr. 29, 

2009– 

Sept. 30, 

2009 

Oct. 1, 2009– 

Sept. 30, 

2010 

Oct. 1, 2010– 

Sept. 30, 

2011 

Oct. 1, 2011– 

Sept. 30, 

2012 

Beginning 

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 vectors1

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 

import fetal bovine serum when facility 

inspection is required.

Per application ........ 455.00 469.00 483.00 497.00 512.00 

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).’’ 2Permits to import germ plasm and live animals are not renewable. 

■ 6. In § 130.6, paragraph (a), the table 

is revised to read as follows: 

§ 130.6 User fees for inspection of live 

animals at land border ports along the 

United States-Mexico border. 

(a) * * * 

Type of live animal 

Per head user fee 

April 29, 

2009–Sept. 

30, 2009 

Oct. 1, 2009– 

Sept. 30, 

2010 

Oct. 1, 2010– 

Sept. 30, 

2011 

Oct. 1, 2011– 

Sept. 30, 

2012 

Beginning 

Oct. 1, 2012 

Any ruminants (including breeder ruminants) not covered below $13.00 $13.00 $14.00 $14.00 $14.00 

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 

* * * * * 

■ 7. In § 130.7, paragraph (a), the table 

is revised to read as follows: 

§ 130.7 User fees for import or entry 

services for live animals at land border 

ports along the United States-Canada 

border. 

(a) * * * 

Type of live animal Unit 

User fee 

Apr. 29, 

2009–Sept. 

30, 2009 

Oct. 1, 2009– 

Sept. 30, 

2010 

Oct. 1, 2010– 

Sept. 30, 

2011 

Oct. 1, 2011– 

Sept. 30, 

2012 

Beginning 

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 than slaughter and in-transit.

Per head ................. 41.00 42.00 43.00 45.00 46.00 

Poultry (including eggs), imported for 

any purpose.

Per load .................. 71.00 73.00 75.00 77.00 80.00 

Registered animals, all types (except 

horses).

Per head ................. 8.50 8.75 9.25 9.50 9.75 

Slaughter animals, all types (except 

poultry).

Per load .................. 35.00 36.00 37.00 39.00 40.00 


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Type of live animal Unit 

User fee 

Apr. 29, 

2009–Sept. 

30, 2009 

Oct. 1, 2009– 

Sept. 30, 

2010 

Oct. 1, 2010– 

Sept. 30, 

2011 

Oct. 1, 2011– 

Sept. 30, 

2012 

Beginning 

Oct. 1, 2012 

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 

1The 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 § 130.30 will apply. 

* * * * * ■ 8. In § 130.8, paragraph (a), the table 

is revised to read as follows: 

§ 130.8 User fees for other services. 

(a) * * * 

Service Unit 

User fee 

Apr. 29, 

2009–Sept. 

30, 2009 

Oct. 1, 2009– 

Sept. 30, 

2010 

Oct. 1, 2010– 

Sept. 30, 

2011 

Oct. 1, 2011– 

Sept. 30, 

2012 

Beginning 

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 5 pairs per group on the 

same certificate.

Per group of donor 

pairs.

52.00 54.00 55.00 57.00 59.00 

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 

1This 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 § 130.3 will apply. 

* * * * * 

■ 9. Section 130.10 is amended as 

follows: 

■ a. In paragraph (a), by revising the 

table to read as set forth below. 

■ b. In paragraph (b), by revising the 

table to read as set forth below. 

§ 130.10 User fees for pet birds. 

(a) * * * 

Service 

Per lot user fee 

Apr. 29, 

2009–Sept. 

30, 2009 

Oct. 1, 2009– 

Sept. 30, 

2010 

Oct. 1, 2010– 

Sept. 30, 

2011 

Oct. 1, 2011– 

Sept. 30, 

2012 

Beginning 

Oct. 1, 2012 

(1) Which have been out of the United States 60 days or less .... $153.00 $157.00 $162.00 $167.00 $172.00 

(2) Which have been out of the United States more than 60 

days ............................................................................................ 363.00 374.00 385.00 397.00 409.00 

(b) * * * 

Number of birds in isolette 

Daily user fee 

Apr. 29, 

2009–Sept. 

30, 2009 

Oct. 1, 2009– 

Sept. 30, 

2010 

Oct. 1, 2010– 

Sept. 30, 

2011 

Oct. 1, 2011– 

Sept. 30, 

2012 

Beginning 

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 

* * * * * 

■ 10. In § 130.11, paragraph (a), the 

table is revised to read as follows: 

§ 130.11 User fees for inspecting and 

approving import/export facilities and 

establishments. 

(a) * * * 


sroberts on PROD1PC70 with RULES
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Service Unit 

User fee 

Apr. 29, 

2009–Sept. 

30, 2009 

Oct. 1, 2009– 

Sept. 30, 

2010 

Oct. 1, 2010– 

Sept. 30, 

2011 

Oct. 1, 2011– 

Sept. 30, 

2012 

Beginning 

Oct. 1, 2012 

Embryo collection center inspection and 

approval (all inspections required during the year for facility approval).

Per year .................. $537.00 $553.00 $570.00 $587.00 $604.00 

Inspection for approval of biosecurity 

level three labs (all inspections related 

to approving the laboratory for handling 

one defined set of organisms or vectors)1.

Per inspection ......... 1,381.00 1,422.00 1,465.00 1,509.00 1,554.00 

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 inspections for first year of 3- 

year approval).

Per year .................. 563.00 579.00 597.00 615.00 633.00 

Renewal (all inspections for second 

and third years of 3-year approval).

Per year .................. 325.00 335.00 345.00 355.00 366.00 

1The hourly user fee rate in § 130.30(2) applies to biosecurity level two laboratories. 

* * * * * 

■ 11. Section 130.20 is amended as 

follows: 

■ a. In paragraph (a), by revising the 

table to read as set forth below. 

■ b. In paragraph (b)(1), by revising the 

table to read as set forth below. 

§ 130.20 User fees for endorsing export 

certificates. 

(a) * * * 

Certificate categories 

User fee 

Apr. 29, 

2009–Sept. 

30, 2009 

Oct. 1, 2009– 

Sept. 30, 

2010 

Oct. 1, 2010– 

Sept. 30, 

2011 

Oct. 1, 2011– 

Sept. 30, 

2012 

Beginning 

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 moving to Canada or 

Mexico ........................................................................................ 47.00 48.00 49.00 51.00 52.00 

Slaughter animals (except poultry but including ruminants) moving to Canada or Mexico ............................................................ 49.00 51.00 52.00 54.00 56.00 

Other endorsements or certifications ............................................. 34.00 35.00 36.00 37.00 38.00 

(b)(1) * * * 

Number 1 of tests or vaccinations and number of animals or 

birds on the certificate 

User fee 

Apr. 29, 

2009–Sept. 

30, 2009 

Oct. 1, 2009– 

Sept. 30, 

2010 

Oct. 1, 2010– 

Sept. 30, 

2011 

Oct. 1, 2011– 

Sept. 30, 

2012 

Beginning 

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. 


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* * * * * 

■ 12. Section 130.30 is amended as 

follows: 

■ a. In paragraph (a), by revising the 

table to read as set forth below. 

■ b. In paragraph (b), by revising the 

table to read as set forth below. 

§ 130.30 Hourly rate and minimum user 

fees. 

(a) * * * 

User fee 

Apr. 29, 

2009–Sept. 

30, 2009 

Oct. 1, 2009– 

Sept. 30, 

2010 

Oct. 1, 2010– 

Sept. 30, 

2011 

Oct. 1, 2011– 

Sept. 30, 

2012 

Beginning 

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) * * * 

Overtime rates (outside the employee’s normal tour of duty) 

Premium rate user fee 

Apr. 29, 

2009–Sept. 

30, 2009 

Oct. 1, 2009– 

Sept. 30, 

2010 

Oct. 1, 2010– 

Sept. 30, 

2011 

Oct. 1, 2011– 

Sept. 30, 

2012 

Beginning 

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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–0137; Airspace 

Docket No. 08–AWP–2] 

Establishment of Class E Airspace; 

Death Valley, CA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action will establish 

Class E airspace at Death Valley, CA. 

Controlled airspace is necessary to 

facilitate vectoring of Instrument Flight 

Rules (IFR) traffic from en route airspace 

to Las Vegas, NV. The FAA is taking this 

action to enhance the safety and 

management of IFR aircraft operations 

near Las Vegas, NV. This action also 

makes a minor change to the geographic 

coordinates of the airspace. 

DATES: Effective Date: 0901 UTC, July 2, 

2009. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue, SW., Renton, WA, 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

History 

On September 10, 2008, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to 

establish controlled airspace at Death 

Valley, CA, (73 FR 52638). Interested 

parties were invited to participate in 

this rulemaking effort by submitting 

written comments on the proposal to the 

FAA. No comments were received. A 

minor change to the geographic 

coordinates of the airspace area was 

provided by the FAA’s Charting Office 

to better depict the airspace. 

Class E airspace designations are 

published in paragraph 6006 of FAA 

Order 7400.9S signed October 3, 2008, 

and effective October 31, 2008, which is 

incorporated by reference in 14 CFR 

part 71.1. The Class E airspace 

designations listed in this document 

will be published subsequently in that 

Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

establishing Class E airspace at Death 

Valley, CA. Controlled airspace is 

necessary to accommodate IFR aircraft 

vectoring from en route airspace to Las 

Vegas, NV. With the exception of 

editorial changes, and the changes 

described above, this rule is the same as 

that proposed in the NPRM. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 

Section 106 discusses the authority of 

the FAA Administrator. Subtitle VII, 


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