Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Proposed Rules 27913

Agricultural Marketing Service (AMS),

United States Department of Agriculture

(USDA), Room 502 Annex Building,

P.O. Box 96456, Washington, D.C.

20090–6456. Comments will be

available for public inspection at this

location during regular business hours.

FOR FURTHER INFORMATION CONTACT: John

P. Duncan III, Director, Tobacco

Division, AMS, USDA, Room 502

Annex Building, P.O. Box 96456,

Washington, D.C. 20090–6456.

Telephone (202) 205–0567.

SUPPLEMENTARY INFORMATION: Notice is

hereby given that the Department

proposes to revise the Official Standard

Grades for Flue-Cured Tobacco, U.S.

Types 11–14 and Foreign Type 92

pursuant to the authority contained in

the Tobacco Inspection Act of 1935, as

amended (49 Stat. 731; 7 U.S.C. 511 et

seq.).

The proposed revision will add a

special factor (subgrade) to describe

mixing of adjacent stalk positions. Stalk

positions or groups as defined in the

current standards are a division of a

type covering closely related grades

based on certain characteristics such as

shape, body, or the general quality of

tobacco. The traditional practice of

sorting tobacco in the flue-cured

marketing area has changed

dramatically during the past decade.

Producers are combining adjacent stalk

positions which makes grading more

difficult and has made U.S. tobacco less

desirable for certain customers in the

world market. This new special factor

would identify any lot of tobacco which

contains 25 percent of an adjacent stalk

position.

The Flue-Cured Tobacco Cooperative

Stabilization Corporation, composed of

all flue-cured producers, recommended

the adoption of a new mixed grade

definition in a letter to the Department

dated April 18, 1995. Also, an Advisory

Committee, appointed by Congress to

study the government tobacco program

in 1995, included a similar

recommendation in their final report

dated April 27, 1995. The committee

was composed of 31 members

representing tobacco producers, dealers

and manufacturers.

This rule has been determined not

significant for the purposes of Executive

Order 12866, and therefore has not been

reviewed by the Office of Management

and Budget.

This proposed rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. This action is not

intended to have retroactive effect. This

proposed rule will not preempt any

State or local laws, regulations, or

policies, unless they present an

irreconcilable conflict with this rule.

There are no administrative procedures

which must be exhausted prior to any

judicial challenge to the provisions of

this rule.

Additionally, in conformance with

the provisions of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.), full

consideration has been given to the

potential economic impact upon small

business. All tobacco warehouses and

producers fall within the confines of

‘‘small business’’ which are defined by

the Small Business Administration (13

CFR 121.601) as those having annual

receipts of less than $500,000, and small

agricultural service firms are defined as

those whose annual receipts are less

than $3,500,000. The Administrator of

the Agricultural Marketing Service, has

determined that this action would not

have a significant economic impact on

a substantial number of small entities.

This proposed rule would not

substantially affect the normal

movement of the commodity in the

marketplace. Compliance with this

proposed rule would not impose

substantial direct economic cost,

recordkeeping, or personnel workload

changes of small entities, and would not

alter the market share or competitive

positions of small entities relative to the

large entities and would in no way

affect normal competition in the

marketplace.

All persons who desire to submit

written data, views, or arguments for

consideration in connection with this

proposal may file them with the

Director, Tobacco Division, AMS,

USDA, Room 502 Annex Building, P.O.

Box 96456, Washington, D.C., 20090–

6456, not later than (30 days after

publication).

List of Subjects in 7 CFR Part 29

Administrative practice and

procedure, Advisory committees,

Government publications, Imports,

Pesticides and pests, Reporting and

recordkeeping requirements, Tobacco.

For the reasons set forth in the

preamble, it is proposed that the

regulations at 7 CFR Part 29 be amended

as follows:

PART 29—TOBACCO INSPECTION

Subpart C—Standards

1. The authority citation for Part 29,

subpart C is revised to read as follows:

Authority: 7 U.S.C. 511b, 511m, and 511r.

2. Section 29.1059 is revised to read

as follows:

§ 29.1059 Special factor.

A symbol or term authorized to be

used with specified grades. Tobacco to

which a special factor is applied may

meet the general specifications but

which has a peculiar side or

characteristic which tends to modify the

grade. (See Rules 10, 21, 22, 26, 28, and

29.)

3. A new § 29.1135 is added to read

as follows:

§ 29.1135 Rule 29.

Any lot of tobacco containing 25

percent or more of an adjacent group,

which otherwise meets the

specifications of a grade shall be treated

as a special factor grade by placing the

special factor ‘‘M’’ preceding the

grademark.

4. In § 29.1181, the first sentence in

the paragraph immediately following

table ‘‘13 Grades of Nondescript’’, is

revised to read as follows:

§ 29.1181 Summary of standard grades.

* * * * *

Special factors ‘‘U’’ (unsound), ‘‘W’’

(doubtful-keeping order), ‘‘S’’ (strip),

and ‘‘M’’ (mixed) may be applied to all

grades. * * *

Dated: May 19, 1995.

Lon Hatamiya,

Administrator.

[FR Doc. 95–12813 Filed 5–25–95; 8:45 am]

BILLING CODE 3410–02–P

Animal and Plant Health Inspection

Service

9 CFR Part 130

[Docket No. 92–174–1]

RIN 0579–AA67

Import/Export User Fees

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule.

SUMMARY: We are proposing to amend

existing user fees for certain import- and

export-related services we provide for

live animals and birds, animal products,

organisms and vectors, and germ plasm

and veterinary diagnostic services. We

are also proposing to establish user fees

for certain import- and export-related

services we provide for live animals and

birds, and animal products and

byproducts. We are also proposing to

make several miscellaneous changes,

such as amending the definitions of

certain words. These actions are

necessary to help ensure that we recover

our costs and to simplify and clarify the

application of user fees for the public.
27914 Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Proposed Rules

These actions are taken in accordance

with the Food, Agriculture,

Conservation, and Trade Act of 1990, as

amended, which gives us the authority

to set and collect these user fees.

DATES: Consideration will be given only

to comments received on or before July

25, 1995.

ADDRESSES: Please send an original and

three copies of your comments to

Docket 92–174–1, Animal and Plant

Health Inspection Service, Policy and

Program Development, Regulatory

Analysis & Development, 4700 River

Road Unit 118, Riverdale, MD 20737–

1238. Please state that your comments

refer to Docket No. 92–174–1.

Comments received may be inspected at

USDA, room 1141, South Building, 14th

Street and Independence Avenue SW.,

Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday,

except holidays. Persons wishing to

inspect comments are requested to call

ahead on (202) 690–2817 to facilitate

entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: For

information concerning services

provided for live animals and birds, and

germ plasm, contact Dr. Robert Kahrs,

Director, National Center for Import and

Export, VS, APHIS, 4700 River Road

Unit 38, Riverdale, MD 20737–1231;

(301) 734–3294.

For information concerning services

provided for animal products and

byproducts, organisms and vectors,

contact Dr. Kathleen Akin, Senior Staff

Veterinarian, Import/Export Products,

VS, APHIS, 4700 River Road Unit 40,

Riverdale, MD 20737–1231; (301) 734–

7830.

For information concerning services

provided for veterinary diagnostics,

contact Dr. Joan M. Arnoldi, Director,

National Veterinary Services

Laboratories, P.O. Box 844, Ames, IA

50010; (515) 239–8266.

For information concerning fees,

contact Ms. Barbara Thompson, Chief,

Financial Systems and Services Branch,

Budget and Accounting Division,

APHIS, 4700 River Road Unit 54,

Riverdale, MD 20737–1232; (301) 734–

5901.

SUPPLEMENTARY INFORMATION:

Background

The Food, Agriculture, Conservation

and Trade Act of 1990, as amended

(referred to below as the Farm Bill),

authorizes the Secretary of Agriculture,

among other things, to prescribe and

collect fees to reimburse the Secretary

for the cost of carrying out the

provisions of the Federal animal

quarantine laws that relate to the

importation, entry, and exportation of

animals, articles, or means of

conveyance (section 2509(c)(1) of the

Farm Bill). The Secretary of Agriculture

is also authorized, under section

2509(c)(2) of the Farm Bill, to prescribe

and collect fees to recover the costs of

carrying out certain veterinary

diagnostics services.

The user fee regulations in 9 CFR part

130 (referred to below as the

regulations) prescribe user fees that the

Animal and Plant Health Inspection

Service (APHIS) of the U.S. Department

of Agriculture (USDA) collects for

various services that we provide. The

regulations currently include fees for:

(1) Endorsing export certificates for

animals; (2) providing quarantine

services within the United States for

imported animals; (3) providing certain

inspection and supervision services

within the United States for animals

intended for export; (4) conducting

certain veterinary inspections outside

the United States; and (5) conducting

certain veterinary diagnostics services.

Our user fees are calculated to cover

the full cost of providing the service for

which the fee is charged. The cost of

providing a service includes direct labor

and direct material costs. It also

includes administrative support, agency

overhead, and Departmental charges.

Direct labor costs are the costs of

employee time spent specifically to

provide the service. For example, at

APHIS’s Animal Import Centers, animal

caretakers and veterinarians prepare for

the arrival of animals or birds to be

quarantined in the Center, care for them

(feed, water, clean cages or stalls) while

they are quarantined, observe them

while they are quarantined, release

them from quarantine, and clean the

quarantine area afterwards. These are all

direct labor costs. For other services, the

direct labor costs would be different.

For example, if the service is testing a

tissue sample for disease-causing

organisms, then direct labor costs

include the time spent by laboratory

personnel to prepare the sample,

conduct the test, and read the test. Or,

if the service is inspecting an animal,

the direct labor costs include the time

spent by the inspector to conduct the

inspection. Direct labor costs vary with

the type of service provided.

Direct material costs include the cost

of any materials needed to supply the

service. For example, among other

things, animals in quarantine need feed,

water and bedding, disinfectants, and

pharmaceuticals (for preparation of any

needed tranquilizers). These are all

direct material costs. Again, direct

material costs are different for different

services. For example, direct material

costs for conducting a laboratory test

would include animals, eggs, glassware,

chemicals, and other supplies necessary

to perform the test.

Administrative support costs include

local clerical and administrative

activities; indirect labor hours

(supervision of personnel and time

spent doing work that is not directly

connected with the service but which is

nonetheless necessary, such as repairing

equipment); travel and transportation

for personnel; supplies, equipment, and

other necessary items; training; general

supplies for offices, washrooms,

cleaning, etc.; contractual services (such

as guard service, maintenance, trash

pickup, etc.); grounds maintenance;

chemicals and glassware; and utilities

(such as water, trash pickup, telephone,

electricity, natural and propane gas,

heating and diesel oil). Some

administrative support items may be

contractual or not, depending on local

circumstances. For example, trash

pickup may be provided as a utility or

a contractual service. However, the costs

are all administrative support. As with

direct labor and direct material costs,

the type, amount and cost of

administrative support vary with the

type of service provided.

Agency overhead is the pro-rata share,

attributable to a particular service, of the

management and support cost for all

agency activities. Included are the cost

of providing budget and accounting

services, management support,

including the Administrator’s office and

support at the regional level, personnel

services, public information service, and

liaison with Congress.

The final cost item included in the

calculation, Departmental charges, is

APHIS’s share, expressed as a

percentage of the total cost, of services

provided centrally by the Department of

Agriculture (Department). Services the

Department provides centrally include

the Federal Telephone Service; mail;

National Finance Center processing of

payroll, billing, collections, and other

money management; unemployment

compensation; Office of Workers

Compensation Programs; and central

supply for storing and issuing

commonly used supplies and

Department forms. The Department

notifies APHIS how much the agency

owes for these services. We have

included a pro-rata share of these

Departmental charges, as attributable to

a particular service, in our fee

calculations. An outline of the basic

process is shown below. The actual

components, quantities, and costs used

to calculate the fee are different for each

service.

The basic steps in the calculation, for

each particular service, are:
Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Proposed Rules 27915

1. Determine the following costs:

direct labor;

direct material;

pro-rata share of administrative support;

pro-rata share of agency overhead; and

pro-rata share of Departmental charges;

2. Add all costs;

3. Estimate, based on past experience,

the frequency of service, that is, the

number of times the service will be

performed in one year; and

4. Divide the total of all costs by the

frequency of service.

The result of these calculations is the

total cost to provide a particular service

one time.

When we first adopted user fees, we

determined that our user fees for

import- and export-related services

should be rounded up to the nearest

quarter. The amended user fees

proposed in this document are also

rounded up to the nearest quarter. This

is necessary in order to ensure that we

collect enough revenue to cover the

costs of providing these services. If we

were to round down, many fees would

be lower than the cost of the service. As

we would not have a reserve fund, there

would be no funds for us to draw on to

make up the deficiency.

As we stated at the time we published

our current user fees (see Docket 92–

042–2, 58 FR 67647–67656, at p. 67649),

we intend to review our user fees at

least annually to ensure that they

accurately reflect the cost of the services

provided, and to publish any necessary

adjustments in the Federal Register.

We have therefore reviewed our

records of user fees collected during

fiscal years (FYs) 1992 through 1994.

Our current user fees are based on FY

1990 costs. In the four years since then,

there has been an overall increase in all

costs of providing services, due to

inflation and general economic

conditions. Additionally, we

underestimated personnel costs when

we set our current fees. For example, in

addition to anticipated federal pay

increases (4.2 percent in FY 1992 and

3.7 percent in FY 1993), in FY 1994

there were locality pay and cost of

living increases of 3.09 to 8 percent for

employees stationed in different parts of

the United States. We also

underestimated support costs, such as

clerical support, office rent, telephone,

etc., in setting our current user fees. It

is also now apparent that we

overestimated our anticipated revenues

when setting our current fees. For

example, unexpected drops in both the

number of animals exported from the

United States and the number of export

certificates requested has resulted in a

correspondingly unexpected drop in

user fees collected for export-related

services.

As a result of general cost increases,

and our errors in estimating costs and

revenues, we did not collect enough

money in user fees during FYs 1992

through 1994 to cover the costs of

providing the services for which we

charged fees. In fact, for each of those

fiscal years, we incurred a deficit of over

$1 million. As our user fees are

intended to recover full cost, it is

apparent that our user fees are too low

and must be raised to reflect changes in

direct labor costs, direct material costs,

administrative support costs, Agency

overhead, and other expenses.

In addition, based upon our review,

we believe certain existing user fees

should be restructured. For example,

some general fees need to be broken

down into more specific fees. Also,

some new fees need to be established to

cover services which we provide, but for

which we are not now charging a user

fee. The specific proposed user fee

changes are discussed below under

‘‘Revised Fees.’’

In addition, we are proposing to

amend certain provisions of the

regulations to clarify their intended

meaning. The specific changes are

discussed below under

‘‘Miscellaneous.’’

Revised Fees

Hourly and Minimum User Fees

(§§ 130.3, 130.5, 130.6, 130.7, 130.9,

130.10, and 130.21)

Our user fees are calculated to recover

our costs to provide routine services.

Our personnel often conduct

inspections and provide supervision for

animals and birds within the United

States that are different from or in

addition to our flat fee services, which

are discussed under ‘‘Flat Rate User

Fees’’ below. In those instances, we

charge an hourly rate user fee to recover

these costs. However, these hourly rates

do not ensure that our basic costs are

always covered. We developed the

minimum fee primarily to cover the

costs of handling unusually small

importations at ports of entry.

Therefore, we charge an hourly rate user

fee, with a minimum fee, for services in

the following areas: APHIS Animal

Import Centers; privately operated

temporary import quarantine facilities;

import or entry of live animals;

miscellaneous import or entry services;

endorsement of export health

certificates; inspection and supervision

provided within the United States for

animals, birds, and animal products and

byproducts intended for export; and

veterinary diagnostics.

We are proposing to revise our hourly

and minimum fees, which are listed in

§§ 130.3, 130.5, 130.6, 130.7, 130.9, and

130.21, to reflect projected FY 1995

costs. These user fees need to be

amended due to increased direct labor

costs, direct material costs, agency

overhead, administrative support,

agency overhead, and Departmental

charges.

For the reasons stated above, we are

proposing to amend §§ 130.3, 130.5,

130.9, and 130.21 to increase the hourly

and quarter-hour user fees from $50.00

to $56.00 and from $12.50 to $14.00,

respectively. Additionally, we are

proposing to amend §§ 130.5, 130.6,

130.7, 130.9, and 130.21 to increase the

minimum user fee for any service

provided on an hourly basis from $16.00

to $16.50.

Further, in many of these sections, we

are proposing to make changes to clarify

the application of the user fee. These

proposed changes are discussed below.

User Fees for Exclusive Use of Space at

APHIS Animal Import Centers (§ 130.3)

Section 130.3 includes a provision

allowing importers, at their option, to

request space at certain APHIS Animal

Import Centers for the exclusive use of

the animals for which the request was

made. The user fee for this service is a

single, monthly rate. Section 130.3(a)(1)

designates the South Wing and North

Wing at the Miami, FL, Animal Import

Center and 5,904 sq. ft. (548.5 sq.m.) at

the Newburgh, NY, Animal Import

Center as available for exclusive use.

The exclusive use space at Newburgh,

NY, is designated in terms of square

footage only because there are several

buildings that meet those specifications.

As a result, the buildings may be used

interchangeably, depending upon the

number and type of animals for which

the space is being requested. However,

any building that is utilized for this

service will be occupied only by the

specific animals for which the service

was requested. The overall operating

costs for these designated spaces have

increased, mainly due to increases in

locality pay, direct labor, and supplies.

Therefore, we are proposing to revise

the monthly user fee charged for this

service.

Additionally, we are proposing to

make an additional space available for

exclusive use at the Newburgh, NY,

Animal Import Center. This additional

space, which would be designated as

Space B, would provide 9,742 sq.ft. (905

sq.m.) for exclusive use. The proposed

user fee for this service would be

$78,555.00 per month. If this proposed

amendment is adopted, we will

designate the existing exclusive use
27916 Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Proposed Rules

1See 5 U.S.C. 5542 and 5 CFR 550.113, and

Salary Tables published by the United States Office

of Personnel Management, Personnel Systems and

Oversight Group, Office of Compensation Policy,

Theodore Roosevelt Building, 1900 E Street NW,

Washington, DC 20415–0001.

space currently being charged on a

monthly basis at the Newburgh, NY,

Animal Import Center as Space A to

avoid confusion. As stated above,

proposed newly-designated Spaces A

and B would represent available square

footage, not specific buildings.

User Fees for Services Conducted

Outside an APHIS Employee’s Normal

Tour of Duty (§§ 130.5, 130.9, & 130.21)

We often receive requests for services

outside of employees’ normal tours of

duty. Employees’ normal tours of duty

are those hours, during the business

hours of the facility where the

employees work, when employees are

scheduled for duty. Employee’s normal

tours of duty do not include Federal

holidays or holidays that are observed

locally. For example, our facilities and

employees in foreign countries observe

local holidays. When we provide

services outside employee’s normal

tours of duty, we charge reimbursable

overtime in accordance with existing

regulations, in addition to the APHIS

user fee for each service. This action,

which became effective on January 21,

1994 (58 FR 67647–67656, Docket No.

92–042–2), was necessary to fully

recover our costs of providing user fee

services on overtime.

When this action became effective,

several importers and exporters raised

concerns about paying the user fee plus

reimbursable overtime when the user

fee is charged at the hourly rate. In these

cases, both the user fee and the

reimbursable overtime fee are structured

on a direct labor hourly basis, and

consequently, some users perceived that

they were being billed twice for the

services.

We have re-examined this

requirement and propose to revise it

regarding charging reimbursable

overtime in connection with the hourly

user fees.

Consequently, we propose to amend

§§ 130.5, 130.9, and 130.21 to charge a

premium user fee rate of $65.00 per

hour on weekdays and holidays and

$74.00 per hour on Sundays for each

employee required to conduct a service

outside of the regular tour of duty.

These rates were determined by

calculating the average grade and step of

APHIS field personnel and applying the

Federal salary for an individual at that

grade level. The rates for weekdays,

holidays, and Sundays are different

because the rate of basic pay for

employees is different for these days 1:

holiday pay is one-and-one-half times

the hourly pay for regularly scheduled

weekday duty; Sunday pay is twice the

hourly pay for regularly scheduled

weekday duty. If a holiday falls on a

Sunday, the highest applicable rate of

pay applies, that is, Sunday pay.

If this proposal is adopted, we will

charge only the premium user fee for

hourly user fee services performed

outside an APHIS employee’s normal

tour of duty.

We charge hourly user fees for

providing miscellaneous veterinary

services related to the import, entry or

export of live animals, animal products,

organisms and vectors, and germ plasm.

We charge hourly user fees in these

cases as it would be difficult to establish

a flat fee. This is because costs vary

widely from one customer to another;

consequently, a flat fee would be very

inequitable to some importers and

exporters. Because the hourly user fees

are structured to more directly charge

importers and exporters for the exact

time required to provide the service, we

believe we should establish hourly fees

for work performed on overtime, rather

than specify that two hourly rates be

charged.

Other user fees that are charged on a

flat rate basis, for example, per animal

inspected or certificate issued, represent

an average of the costs for providing the

service during normal working hours.

For example, the fee for issuing an

export health certificate is calculated by

determining the average time it takes to

research the requirements of the

destination country, advise an exporter,

verify test results or certification

statements or both, endorse a certificate,

and complete the necessary paperwork.

In these cases, we will continue to

charge the flat rate user fee plus

reimbursable overtime, or we would not

recover our costs. In the example given

above, an office may spend several

hours during the normal working day to

research the requirements of the

destination country and advise the

exporter. If the exporter comes in after

normal working hours and only

reimbursable overtime is charged for

verifying the tests and endorsing the

certificate, APHIS will not recover costs

for related services performed during

the day, or the time spent the next day

to file the paperwork.

User Fees for Inspection and

Supervision Services Provided Within

the United States for Export Animals,

Birds, and Animal Products and

Byproducts (§ 130.21)

Section 130.21 covers user fees for

APHIS services provided in the United

States for the export of animals, birds,

and animal products and byproducts.

For the convenience of the public, this

section lists examples of the types of

services we perform. Therefore, we are

proposing to amend § 130.21 to add the

following service to the list of

inspection and supervision services we

provide within the United States for the

export of animals, birds, and animal

products and byproducts: Approving or

inspecting an embryo or semen

collection center or the animals in it.

We currently charge a user fee for these

services. We are proposing to add this

service to the inspection and

supervision services list to eliminate

some recent confusion regarding our

ability to charge for these particular

services.

Because it is impracticable to list all

the services that we provide, we are also

proposing to add a statement that

§ 130.21 covers export or embarkation

services not specified elsewhere in the

regulations. This proposed change

would make this section equivalent to

§ 130.9, which governs user fees for

APHIS services provided for

importation or entry of animals, birds,

and animal products and byproducts.

Further, we are proposing to add a

statement to make it clear that the user

fees established in § 130.21 will be

charged for each employee assigned to

perform the service. We believe these

proposed amendments will provide

users further clarification of our user

fees.

Flat Rate User Fees

We charge a flat rate user fee for

services that do not vary widely in the

amount of time needed to complete

them. These user fees are based on time

(daily, monthly, etc.); commodity

(animal, animal product, germ plasm,

etc.); service (endorsement, inspection,

supervision); measurement (certificate,

load, lot, etc.); or purpose (breeder,

feeder, slaughter, etc.). The flat rate user

fees also reflect the average cost of

providing particular services on a

nationwide basis. As with the hourly

user fees, the flat rate fees must recover

our costs for direct labor, direct

material, agency overhead,

administrative support, agency

overhead, and Departmental charges. As

with the hourly user fees (see discussion

above), these costs have increased.
Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Proposed Rules 27917

Therefore, we are proposing to revise

the flat rate user fees contained in

§§ 130.2, 130.3, 130.6, 130.7, 130.8,

130.10, and 130.20. We are also

proposing to amend the flat rate user

fee, contained in § 130.16, for virus

isolation testing for certain diseases, due

to the volume of testing done. This

proposed change will clarify how we

charge for those tests and will lower

their costs. We are proposing other

changes to some of these sections,

which are discussed below.

User Fees for the Importation or Entry

of Live Animals (§§ 130.6 and 130.7)

Section 130.6(a) provides for user fees

for various services related to import or

entry of live animals along the United

States-Mexico border. These services

include inspecting and supervising the

following animals for import or entry

into the United States: feeder animals;

slaughter animals; horses other than

slaughter; in-bond and in-transit

animals; and any other ruminants.

Sometimes, these animals are denied

entry into the United States or importers

withdraw their requests for importation

after we have provided services. Despite

these circumstances, APHIS employees

must provide the same services that are

provided to animals that enter the

United States. In order to recover our

costs for these services, we are

proposing to amend § 130.6(a) to add a

statement to make it clear that the user

fees in this section apply to live animals

presented for importation into the

United States, whether or not the

animals enter the United States.

Section 130.7 also includes inspecting

and processing cattle, swine, sheep and

goats that are imported in-bond or intransit movement through the United

States. Often, after our employees have

performed these services, these animals

are denied entry into the United States

or the importer withdraws the request

for entry. For the reason stated above,

we are proposing to amend § 130.7(a) to

add a statement to make it clear that the

user fees in this section apply to live

animals presented for importation into

the United States, whether or not the

animals are allowed entry into the

United States.

Section 130.7 provides user fees for

various services related to import or

entry of live animals at ports other than

along the United States-Mexico border.

These services include inspecting and

processing all types of animals that are

imported and moved directly to

slaughter, and poultry (including eggs)

that are imported for any reason. We

currently charge a user fee per load for

services we provide to these animals.

Consistent with industry usage of the

term, we defined ‘‘load’’ to mean all the

animals or birds carried on one vehicle.

In practice, however, we have found

that we do not recover our full costs

when we charge for services per load

because some importers or brokers share

the use of a vehicle. When this happens,

we perform at least two times the

amount of services for one fee.

Therefore, we are proposing to charge

this user fee for slaughter animals and

poultry that are presented for

importation into the United States and

that originate from the same importer

address, are destined for the same

address, and require one entry permit or

authorization. This would allow us to

charge importers or brokers individually

for the services provided to them. This

change would require revision of the

definition for ‘‘load’’ in § 130.1 (see

discussion below under

‘‘Miscellaneous’’).

The processing or supervision of inbond or in-transit animals in accordance

with § 130.7 of the regulations often

occurs at locations other than an official

port of entry, that is, the one listed on

the import permit or accompanying

document. For example, air traffic flight

patterns or fueling needs may require an

aircraft destined for Guam to land in

Alaska. Although the official port of

entry would be Guam, in this situation

we would provide the necessary

services in Alaska, and we would charge

a user fee for the services provided in

Alaska. To clarify this, we are proposing

to amend § 130.7(a) to add a statement

to note one in the table stating that the

user fees in this section apply to

services provided for the importation of

in-bond or in-transit animals wherever

the service is provided.

User Fee for Germ Plasm Containers

(§ 130.8)

Among other things, § 130.8 contains

user fees for each permit we issue for

germ plasm being imported into the

United States and each certificate we

endorse for germ plasm being exported

from the United States. These services

include checking the accuracy of

information submitted, completing

various forms, maintaining files, and

issuing or endorsing documents.

For germ plasm being imported into

the United States, we charge this fee per

permit; however, germ plasm is not

imported under individual permit.

Therefore, we are proposing to charge

the user fee per load (see discussion

below under ‘‘Miscellaneous’’).

For germ plasm being exported from

the United States, we inspect and reseal

the containers to confirm that the

contents match what we have endorsed

on the certificate. To recover our costs

relating to this service, we are proposing

to add a footnote to the table in § 130.8

to clarify that the user fee for germ

plasm being exported from the United

States includes a single inspection and

resealing of the container in which the

germ plasm is being exported. Any

subsequent inspections and resealing of

the container would be charged at the

applicable hourly rate.

If germ plasm containers that had

been exported are returned empty and

presented for importation into the

United States, we inspect the containers

to ensure that they are adequately

cleaned and disinfected. To recover our

costs for this service, we are proposing

to charge the applicable hourly rate.

This would be clarified by a footnote,

which would be added to the table in

this section.

Section 130.8 also provides for a user

fee for approving establishments,

warehouses, and facilities under 9 CFR

parts 94 through 96, to receive or treat

various animal products and byproducts

imported into the United States. As

explained in the discussion under ‘‘Flat

Rate User Fees’’ above, we are proposing

to revise these fees to cover our

increased direct labor costs to complete

all paperwork, agreements, and

inspections. Additionally, we are

proposing to revise our regulations to

clarify that these fees cover all programrequired inspections during the year.

For example, the yearly user fee for

program inspections of a facility during

a 3-year approval period would be

$262.75 for the first year, $152.00 for the

second year, and $152.00 for the third

year, for a total of $566.75 for a 3-year

period. However, if APHIS personnel

determine that it is necessary to conduct

additional special inspections, other

than routine program inspections, they

will charge the applicable hourly user

fee.

User Fees for Pet Birds (Proposed new

§ 130.10)

We are proposing to add specific user

fees for pet birds quarantined in an

APHIS owned or supervised quarantine

facility. Our current user fees for pet

birds, contained in § 130.8, apply only

to pet birds which are not required to

be quarantined in an APHIS owned or

supervised quarantine facility.

Regulations governing the importation

of pet birds are contained in 9 CFR part

92. Pet birds are defined in § 130.1 as

‘‘birds which are imported for the

personal pleasure of their individual

owners and are not intended for resale.’’

Pet birds which must be quarantined in

an APHIS owned or supervised

quarantine facility, in accordance with 9

CFR part 92, are normally quarantined
27918 Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Proposed Rules

for 30 days. The proposed fee would be

assessed per isolette, per day. That is,

all the birds quarantined in one isolette

would be covered by one fee, which

would be assessed daily for the duration

of the quarantine.

This proposed user fee would recover

all costs involved with feed, housing,

care, and handling of the birds. The

proposed user fee would not recover the

costs of testing the birds for which

separate user fees apply. However, the

proposed user fee would account for

marginal decreases in our costs per bird

when more than one bird is kept in an

isolette. Based on the information

provided by the person requesting the

service, APHIS personnel at the APHIS

owned or supervised quarantine facility

would determine the appropriate

number of birds that should be housed

per isolette. For example, an isolette

might house 5 small parakeets but only

1 large cockatoo, depending on the sizes

of the individual birds. Birds belonging

to different owners would not be housed

in the same isolette. If individual

owners of pet birds request that their

birds be housed individually or in a

smaller group of birds per isolette than

that isolette could hold, the user fee

would apply per isolette based upon the

actual number of birds quarantined in

each isolette. As another example, an

individual pet bird owner may only

have one pet bird to quarantine.

Regardless of the size of the bird, the fee

for one bird in an isolette would apply.

Section 130.2 provides user fees for

individual animals and birds

quarantined in APHIS Animal Import

Centers. As discussed above, we are

proposing to establish specific user fees

for pet birds. To eliminate any possible

confusion, we are proposing to change

the heading and the table in paragraph

(a) of § 130.2 to indicate that the user

fees in this section do not apply to pet

birds imported into the United States

under 9 CFR part 92.

User Fees for Multiple and Subsequent

Antigen Tests (§ 130.14)

Section 130.14 provides user fees for

tests performed at the National

Veterinary Services Laboratories (NVSL)

in connection with the importation or

exportation of animals or birds. These

tests include Agar gel immunodiffusion,

buffered acidified plate antigen

presumptive, card, competitive enzyme

linked immunosorbent assay, and

complement fixation, among others.

When necessary to expedite results,

some of these tests may be performed at

authorized sites other than NVSL. For

example, card tests may be performed

by APHIS personnel on cattle at certain

U.S. border ports. In order to recover

our costs related to conducting these

tests, we are proposing to amend

§ 130.14 to make it clear that the user

fees in this section apply to tests

conducted at NVSL or at any authorized

site, except the Foreign Animal Disease

Diagnostic Laboratory (FADDL). The

user fees for laboratory tests performed

at FADDL are provided separately,

because FADDL works with agents of

diseases exotic to the United States,

which require more expensive

biosecurity measures.

In addition, § 130.14 provides tiered

user fees for three tests—complement

fixation (CF), hemagglutination

inhibition (HI), and virus neutralization

(VN). That is, there is one fee for the

first CF, HI, and VN test on a sample,

and a second, lower user fee for each

additional test of the same type on the

same sample. Paragraph (a) of § 130.14

contains an explanation and example of

this tiered user fee. Some users have

interpreted the example to mean the

user fee is reduced for each additional

test, regardless of type. We are

proposing to amend this section to make

it clearer that any reduction in cost for

multiple antigen tests is for tests of the

same type on the same sample.

User Fees for Virus Isolation Testing

(§ 130.16)

Section 130.16 provides user fees for

laboratory tests we perform as part of

reference assistance testing. Reference

assistance testing is defined in § 130.1 of

the regulations as ‘‘tests conducted by

APHIS at the request of a veterinarian,

state animal health official, or

university, to either establish or confirm

a diagnosis.’’ Section 130.16(a)(3)

includes a user fee for virus isolation

testing. This test is administered when

various viral diseases, including avian

diseases, are suspected. Because virus

isolation tests for Newcastle disease are

often administered in conjunction with

bird quarantines, they are performed

more often and in larger numbers than

virus isolation tests for other avian or

mammalian diseases. This larger

volume results in lower costs per test for

Newcastle disease. Therefore, we are

proposing to charge a separate user fee

for virus isolation tests for Newcastle

disease. The proposed user fee would be

$14.00 per test for this disease only. The

user fee will remain at $29.75 for all

other virus isolation tests, including

tests for all other avian viral diseases.

This would save users $15.75 per test

for Newcastle disease.

Section 130.16 also provides tiered

user fees for two tests—complement

fixation (CF) and virus neutralization

(VN). That is, there is one fee for the

first CF and VN test on a sample, and

a second lower user fee for each

additional test of the same type on the

same sample. As discussed above under

‘‘User Fees for Multiple and Subsequent

Antigen Tests (§ 130.14),’’ some users

found our explanation and example of

reduced cost for multiple antigen tests

to be confusing. For that reason, we are

proposing to revise the note to make it

clearer that any reduction in cost for

multiple antigen tests is for tests of the

same type on the same sample.

User Fees for the Johnin Diagnostic

Reagent (§ 130.17)

Section 130.17 provides user fees for

diagnostic reagents, slide sets, and

tissue sets provided by APHIS. Section

130.17(a) lists the user fee for Johnin

OT, a diagnostic reagent, as $12.25 per

10-ml unit. The 10-ml unit for Johnin

OT is incorrect. The standard unit is 2

ml. Therefore, we are proposing to

amend § 130.17(a) to correct the listing

for Johnin OT to read $12.25 per 2-ml

unit. Although this correction, if

adopted, will increase user costs for this

diagnostic reagent from $2.25 per ml to

$6.13 per ml, it will make the Johnin OT

user fee equivalent to the other similar

diagnostic reagents and will allow us to

recover the full cost for providing the

Johnin OT.

User Fees for Special Shipping and

Handling of Reagents (§§ 130.14,

130.15, 130.16, 130.17, and 130.18)

We charge user fees for certain

veterinary diagnostic services, including

providing certain diagnostic reagents,

slide sets, and tissue sets. Veterinary

diagnostics is the work performed in a

laboratory to determine if a diseasecausing organism or toxin is present in

body tissues or cells. We also consider

sterilization by gamma radiation to be a

veterinary diagnostic service. Often,

providing these veterinary diagnostic

services requires special mail handling,

such as express, overnight, or foreign

mailing. The cost of this special mail

handling is not included in the costs of

providing diagnostic reagents, slide sets,

and tissue sets. Therefore, we are

proposing to charge the costs for special

mail handling to the person who

requests the service.

User Fees for Endorsing Export Health

Certificates (§ 130.20)

Section 130.20 provides user fees for

each export health certificate requested

for the exportation of animals or birds.

These user fees are intended to cover

the many steps associated with

endorsing the certificates. The steps

include reviewing the health

certificates; confirming that the

importing country’s requirements have
Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Proposed Rules 27919

been met; verifying laboratory test

results for each animal if tests are

required; reviewing any certification

statements required by the importing

country; and endorsing, or signing, the

certificates. These user fees also cover

our costs for administrative support

(area office rent, utilities, supplies, etc),

agency overhead, and Departmental

charges.

Section 130.20(c) states that ‘‘* * *

user fees prescribed in this section will

not apply to an export health certificate

if it is endorsed by an APHIS

veterinarian in the course of performing

inspection or supervision services for

the animals listed on the

certificate.* * *’’ As explained in a

final rule published in the Federal

Register on January 9, 1992 (57 FR 755–

773, Docket No. 91–135), this means

that when an APHIS veterinarian

endorses an export health certificate in

the course of conducting supervision or

inspection services concerning the

export animals listed on the certificate,

only the hourly user fee applies. Since

the publication of that rule, we have

found that in some cases all the steps

necessary to endorse the export health

certificate, except signing the certificate,

are performed at separate times from the

hourly inspection services. Thus, we do

not recover all our costs related to

preparing the certificate for signature by

charging the hourly user fee. Therefore,

we are proposing to amend § 130.20 to

exempt from the flat rate user fee only

those export health certificates that are

prepared for endorsement completely

on site of the inspection as an integral

part of the inspection service. In these

cases, the appropriate hourly user fee

(hourly, premium, reimbursable

overtime) would apply.

Sometimes, our veterinarians are

unable to endorse the export health

certificates because importers withdraw

their requests for export health

certificates after services have been

performed. Despite these circumstances,

APHIS employees must provide the

same services that are provided for

animals that are exported from the

United States. In order to recover our

costs related to services for exporters

requesting export health certificates that

are not endorsed, we are proposing to

charge the minimum user fee of $16.50,

which was developed primarily to cover

the costs of handling unusually small

importations at ports of entry. The

minimum user fee would apply for each

export health certificate that meets this

description.

The export health certificates

discussed above are requested for

various categories of animals and birds,

including slaughter animals of all types

moving to Canada or Mexico; nonslaughter horses moving to Canada;

poultry; hatching eggs; animal products;

and other animals and birds. Under the

last category, we have included any

other endorsements or certifications that

may be needed for other animals and

birds not already listed. However, we

are often asked to endorse or certify

articles that may not fall under the

definitions of animals or birds. For

example, we are frequently asked to

issue export certificates for edible fish

eggs. As our user fee regulations do not

include a category for these articles, we

are not recovering our costs for

providing this service. Therefore, we are

also proposing to amend § 130.20(a) to

replace the ‘‘animals and birds’’

category with a category for ‘‘other

endorsements or certifications.’’

Section 130.20(c) contains a CFR

reference that was not corrected in a

previous document when this section

was redesignated. Therefore, we are

proposing to amend § 130.20(c) to

reference § 130.21 instead of § 130.7.

This correction would align export

services. It would not affect any costs.

Miscellaneous

We are also proposing to make several

miscellaneous changes to clarify how

certain user fees are to be applied. We

believe these changes would make it

easier for users to determine their costs.

Payment of User Fees (§ 130.50)

Section 130.50 provides procedures

for the payment of user fees. Among

other things, it provides that user fees

may be paid, under certain

circumstances, by cash, check, money

order, or credit card. This section allows

payment by all types of checks,

including traveler’s checks, but it does

not specify to whom the checks must be

made payable. Therefore, we are

proposing to amend § 130.50 to allow

payment of user fees by check,

including traveler’s check, drawn on a

U.S. bank and made payable to the

‘‘U.S. Department of Agriculture’’ or

‘‘USDA.’’ Additionally, we are

proposing to allow payment by credit

card (VISA [Insert trademark symbol] or

MasterCard [Insert trademark symbol])

at any APHIS Animal Import Center or

APHIS office that is equipped to handle

credit cards. We would add a footnote

advising the public that they may obtain

a list of such offices or centers from the

Animal and Plant Health Inspection

Service, Veterinary Services, National

Center for Import and Export, 4700

River Road Unit 38, Riverdale, MD

20737–1231.

Definitions (§ 130.1)

Section 130.1 defines various terms

used in the regulations. Currently, the

regulations include a definition of

‘‘load.’’ As discussed under the ‘‘Flat

Rate User Fees: User Fees for the

Importation or Entry of Live Animals

(§§ 130.6 and 130.7)’’ above, we are

proposing to revise the basis by which

we determine the user fee for certain

live animals presented for importation

into the United States. As discussed

under ‘‘User Fee for Germ Plasm

Containers (§ 130.8)’’ above, we are also

proposing to revise the basis by which

we determine the user fee for germ

plasm presented for importation into or

exportation from the United States. To

accommodate these changes, we are

proposing to amend the definition of

‘‘load’’ to read ‘‘Those animals, poultry,

or germ plasm, presented for

importation into the United States in a

single shipment, that originate from the

same importer address, are destined for

the same address, and require one entry

permit or authorization.’’

The regulations define ‘‘pet bird’’ to

mean birds which are imported for the

personal pleasure of their individual

owners and are not intended for resale.

We are proposing to amend this

definition to make it consistent with the

definition of pet birds found in 9 CFR

part 92. The proposed definition for pet

birds would read ‘‘Birds, except ratites,

which are imported for the personal

pleasure of their individual owners and

are not intended for resale.’’

Additionally, the regulations do not

define ‘‘test’’ or ‘‘United States.’’ These

omissions have led to

misunderstandings. Defining these

terms would help eliminate confusion.

Therefore, we propose to amend § 130.1

by defining these terms as follows: (1)

‘‘Test’’ means a single analysis

performed on a single specimen from an

animal, animal product, commercial

product, or animal feed; and (2) ‘‘United

States’’ means the several States of the

United States, the District of Columbia,

Guam, the Commonwealth of Northern

Mariana Islands, the Commonwealth of

Puerto Rico, the Virgin Islands of the

United States, and all other territories

and possessions of the United States.

Executive Order 12866 and Regulatory

Flexibility Act

This proposed rule has been reviewed

under Executive Order 12866. This rule

has been determined to be significant

for the purposes of Executive Order

12866 and, therefore, has been reviewed

by the OMB. This proposed rule updates

certain fees related to import/export

inspection and certification, animal
27920 Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Proposed Rules

quarantine, and veterinary diagnostics.

Some of the current fees must be

changed to ensure full recovery of

APHIS’ costs. The proposed

amendments would also provide further

clarification of the Agency’s user fee

collection process.

The proposed rule would, if adopted,

increase user fee collections by about

$2.5 million each year. This would

result in an annual taxpayer savings of

about $2.5 million, since these APHIS

expenses would not be funded by

general tax revenues.

Fee revisions included in this

proposed rule could impact some

importers/exporters of live animals,

importers/exporters of animal

byproducts, and firms that seek APHIS’

veterinary diagnostic services. The

revised fees are expected to have a

relatively minor impact on ‘‘small’’

entities since the amount of increase

represents only a small fraction (less

than 1 percent) of the typical cost of

purchasing and permanently importing

a breeding grade registered animal into

the United States. That cost is between

$1,500 and $5,000. Purchase and import

costs for feeder and slaughter animals

are usually significantly lower per

animal, but can easily exceed $1,500 per

animal. The price increases included in

this proposed rule range from $0.25 to

$31.75 per animal. The average cost

increase is about $4.89 per animal. That

is less than 1 percent of purchase and

import costs.

Executive Order 12778

This proposed rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. If this proposed rule is

adopted: (1) All State and local laws and

regulations that are inconsistent with

this rule will be preempted; (2) no

retroactive effect will be given to this

rule; and (3) administrative proceedings

will not be required before parties may

file suit in court challenging this rule.

Paperwork Reduction Act

In accordance with the Paperwork

Reduction Act of 1980 (44 U.S.C. 3501

et seq.), the information collection or

recordkeeping requirements included in

this proposed rule have been approved

by the Office of Management and

Budget (OMB), and there are no new

requirements. The assigned OMB

control numbers are 0579–0015, 0579–

0055, and 0579–0094.

List of Subjects in 9 CFR Part 130

Animals, Birds, Diagnostic reagents,

Exports, Imports, Poultry, Quarantine,

Reporting and recordkeeping

requirements, Tests.

Accordingly, 9 CFR part 130 would be

amended as follows:

PART 130—USER FEES

1. The authority citation for part 130

would continue to read as follows:

Authority: 7 U.S.C. 1622; 19 U.S.C. 1306;

21 U.S.C. 102–105, 111, 114, 114a, 134a,

134b, 134c, 134d, 134f, 135, 136, and 136a;

7 CFR 2.17, 2.51, and 371.2(d).

2. In § 130.1, (the definition for

‘‘Germplasm’’ would be removed and

added in its place; the definitions of

load and pet bird would be revised; and

definitions for ‘‘Germ plasm’’ ‘‘test’’ and

‘‘United States’’ would be added, in

alphabetical order, to read as follows:

§ 130.1 Definitions.

* * * * *

Germ plasm. Semen, embryos, or ova.

* * * * *

Load. Those animals, poultry, or

animal germ plasm, presented for

importation into the United States in a

single shipment, that originate from the

same importer address, are destined for

the same address, and require one entry

permit or authorization.

* * * * *

Pet birds. Birds, except ratites, which

are imported for the personal pleasure

of their individual owners and are not

intended for resale.

* * * * *

Test. A single analysis performed on

a single specimen from an animal,

animal product, commercial product, or

animal feed.

United States. The several States of

the United States, the District of

Columbia, Guam, the Commonwealth of

Northern Mariana Islands, the

Commonwealth of Puerto Rico, the

Virgin Islands of the United States, and

all other territories and possessions of

the United States.

* * * * *

3. Section 130.2 would be amended as

follows:

a. In the section heading, before the

word ‘‘birds’’, by adding the word

‘‘certain’’.

b. In paragraph (a), by revising the

table to read as set forth below.

§ 130.2 User fees for individual animals

and certain birds quarantined in APHIS

Animal Import Centers.

(a) * * *

Animal or bird Daily

user fee

Birds (including zoo birds, but excluding ratites and pet birds imported in accordance with Part 92 of this subchapter):

0–250 grams ......................................................................................................................................................................................... $1.00

251–1,000 grams .................................................................................................................................................................................. 3.25

Over 1,000 grams, and any bird in nonstandard housing or receiving nonstandard care and handling ............................................ 7.50

Ratites:

Chicks (less than 3 months of age) ..................................................................................................................................................... 5.75

Juveniles (3 months through 10 months of age) ................................................................................................................................. 8.00

Adults (11 months of age and older) ................................................................................................................................................... 16.25

Poultry (including zoo poultry):

A. Doves, pigeons, quail ...................................................................................................................................................................... 2.00

B. Chickens, ducks, grouse, guinea fowl, partridge, pea fowl, pheasants .......................................................................................... 3.50

C. Game cocks, geese, swans, turkeys, any poultry housed in nonstandard housing or receiving nonstandard care and handling 8.25

Equines (including zoo equines, but excluding miniature horses):

1st through 3rd day .............................................................................................................................................................................. 149.50

4th through 7th day .............................................................................................................................................................................. 108.25

8th and later days ................................................................................................................................................................................. 91.75

Miniature horses .......................................................................................................................................................................................... 40.25

Zoo animals (except equines, birds, and poultry) ....................................................................................................................................... 32.25

Domestic animals:

Camels, cattle, bison, buffalo ............................................................................................................................................................... 56.50

All others ............................................................................................................................................................................................... 15.00
Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Proposed Rules 27921

* * * * *

4. Section 130.3 would be amended as

follows:

a. In paragraph (a)(1), by revising the

table to read as set forth below.

b. By revising paragraph (a)(3) to read

as set forth below.

§ 130.3 User fees for exclusive use of

space at APHIS Animal Import Centers.

(a)(1) * * *

Animal import

center Space available Monthlyuser fee

Miami, Fl:

South

Wing.

6,952 sq. ft. .....

(645.9 sq.m.).

$30,285.00

North

Wing.

6,545 sq. ft. .....

(608.1 sq.m.).

$29,377.00

Newburgh,

NY:

Space A 5,904 sq. ft. .....

(548.5 sq.m.).

$47,609.00

Space B 9,742 sq. ft. .....

(905 sq.m.).

$78,555.00

* * * * *

(c) * * *

(3) If the importer chooses to pay for

additional services on an hourly basis,

the user fees for each employee required

to perform the service are:

(i) $56.00 per hour;

(ii) $14.00 per quarter-hour;

(iii) With a minimum of $16.50.

* * * * *

5. Section 130.4 would be amended as

follows:

a. By designating the introductory

paragraph as paragraph (a).

b. By adding a new paragraph (b) to

read as set forth below.

§ 130.4 User fees for services at privately

operated permanent import-quarantine

facilities.

* * * * *

(b) If a service must be conducted on

a Sunday or holiday or at any other time

outside the normal tour of duty of the

employee, then reimbursable overtime,

as provided for in 9 CFR part 97, must

be paid for each service, in addition to

the user fee listed in this section.

6. Section 130.5 would be amended as

follows:

a. In paragraph (b)(1), by removing

‘‘$50.00’’ and adding ‘‘$56.00’’ in its

place.

b. In paragraph (b)(2), by removing

‘‘$12.50’’ and adding ‘‘$14.00’’ in its

place.

c. In paragraph (b)(3), by removing

‘‘$16.00’’ and adding ‘‘$16.50’’ in its

place.

d. By adding a new paragraph (c) to

read as set forth below.

§ 130.5 User fees for services at privately

operated temporary import-quarantine

facilities.

* * * * *

(c) If a service must be conducted on

a Sunday or holiday or at any other time

outside the normal tour of duty of the

employee, then the premium user fee

rate, in lieu of the user fee listed in

paragraph (b) of this section, must be

paid for each employee required to

perform each service:

(1) $65.00 per hour for weekdays and

holidays; and

(2) $74.00 per hour for Sundays.

7. Section 130.6 would be amended as

follows:

a. In paragraph (a), by removing the

figure ‘‘$16.00’’ and adding ‘‘$16.50’’ in

its place.

b. In paragraph (a), by removing the

phrase ‘‘live animals imported into or

entering the United States’’ and adding

‘‘live animals presented for importation

into or entry into the United States’’ in

its place.

c. In paragraph (a), by revising the

table to read as set forth below.

§ 130.6 User fees for import or entry

services for live animals at land border

ports along the United States-Mexico

border.

(a) * * *

Type of live animal

User

fee

(per

head)

Feeder .............................................. $1.75

Slaughter .......................................... 2.50

Horses, other than slaughter ............ 29.25

In-bond or in transit .......................... 3.75

Any ruminants not covered above ... 6.00

* * * * *

8. Section 130.7 would be amended as

follows:

a. In paragraph (a), by removing the

figure ‘‘$16.00’’ and adding ‘‘$16.50’’ in

its place.

b. In paragraph (a), by removing the

phrase ‘‘live animals imported into or

entering the United States’’ and adding

‘‘live animals presented for importation

into or entry into the United States’’ in

its place.

c. In paragraph (a), by revising the

table to read as set forth below:

§ 130.7 User fees for import or entry

services for live animals at all other ports

of entry.

(a) * * *

Type of live animal User fee

Animals being imported

into the United States:

Horses, other than

slaughter and in transit

horses. ........................ $19.00 per head

Breeding animals, except

horses—Grade animals:

Swine .......................... 0.50 per head

Sheep and goats ......... 0.50 per head

All others ..................... 2.25 per head

Registered animals, all

types ............................ 4.00 per head

Feeder animals:

Cattle (not including

calves) ..................... 1.00 per head

Swine .......................... 0.50 per head

Sheep and calves ....... 0.25 per head

Slaughter animals, all

types ............................ 16.50 per load

Poultry (including eggs),

imported for any purpose ............................ 33.00 per load

Animals transiting 1 the

United States:

Cattle ........................... 1.00 per head

Swine .......................... 0.25 per head

Sheep and goats ......... 0.025 per head

Horses and all other

animals .................... 4.50 per head

1The user fee in this section will be charged

for services provided to in-bond animals or

animals transiting the United States, at the actual port of entry. For example, if the official

port of entry is Guam, but the animals are actually provided import or entry services in

Alaska, the user fee will be charged for services provided in Alaska. The hourly user fee

will be charged for services provided at the

port where the animals leave the United

States.

* * * * *

9. In § 130.8, paragraph (a), by

revising the table and adding a footnote

at the end of the table to read as follows:

§ 130.8 User fees for other services.

(a) * * *

Service User fee

Inspection for approval of slaughter establishment:

Initial approval ........................................................................................................................................ $246.50 for all inspections required

during year.

Renewal ................................................................................................................................................. 213.50 for all inspections required during year.

Pet birds, except pet birds of U.S. origin entering the United States from Canada:

Which have been out of United States more than 60 days .................................................................. 169.75 per lot.
27922 Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Proposed Rules

7See footnote 5 to § 130.2(a).

Service User fee

Which have been out of United States 60 days or less ........................................................................ 71.25 per lot.

Germ Plasm—Being imported: 1

Semen .................................................................................................................................................... 39.50 per load.

Embryo ................................................................................................................................................... 39.50 per load.

Being exported: 2

Semen .................................................................................................................................................... 33.50 per certificate.

Embryo (up to 5 donor pairs) ................................................................................................................ 54.75 per certificate.

Embryo (each additional group of donor pairs, up to 5 pairs per group) .............................................. 24.75 per group of donor pairs.

Processing VS form 16–3, ‘‘Application for Permit to Import Controlled Material/Import or Transport Organisms or Vectors’’:

For permit to import fetal bovine serum when facility inspection is required ........................................ 208.50 per application.

For all other permits ............................................................................................................................... 27.50 per application.

Amended application ............................................................................................................................. 11.50 per amended application.

Application renewal ................................................................................................................................ 15.00 per application.

Fetal Bovine Serum sample verification ................................................................................................ 666.00 per verification.

Import compliance assistance ............................................................................................................... 24.00 per release.

Release from export agricultural hold .................................................................................................... 24.00 per release.

Inspection of approved establishments, warehouses, and facilities under 9 CFR parts 94 through 96:

Approval (Compliance Agreement) ........................................................................................................ 262.75 for first year of 3-year approval

(for all inspections required during

the year).

Renewed approval ................................................................................................................................. 152.00 per year for second and third

years of 3-year approval (for all inspections required during the year).

1For inspection of empty containers being imported into the United States, the applicable hourly user fee would apply.

2This user fee includes a single inspection and resealing of the container. Each subsequent inspection and resealing requires the payment of

an additional user fee.

* * * * *

10. Section 130.9 would be amended

as follows:

a. In paragraph (a) introductory text,

by removing the figure ‘‘$50.00’’ and

adding ‘‘$56.00’’ in its place, and by

removing the figure ‘‘$12.50’’ and

adding ‘‘$14.00’’ in its place.

b. In paragraph (a) introductory text,

by removing the figure ‘‘$16.00’’ and

adding ‘‘$16.50, for each employee

required to perform the service’’ in its

place.

c. By revising paragraph (b) to read as

set forth below.

§ 130.9 User fees for miscellaneous import

or entry services.

* * * * *

(b) If a service must be conducted on

a Sunday or holiday or at any other time

outside the normal tour of duty of the

employee, then the premium user fee

rate, in lieu of the user fee listed in

paragraph (a) of this section, must be

paid for each employee required to

perform each service:

(1) $65.00 per hour for weekdays and

holidays; and

(2) $74.00 per hour for Sundays.

11. Section 130.10 would be added to

read as follows:

§ 130.10 User fees for pet birds

quarantined at APHIS-owned or supervised

quarantine facilities.

(a) The person for whom the service

is provided and the person requesting

the service are jointly and severally

liable for the following user fees, which

include standard care, feed, and

handling, and which must be paid for

each animal or bird quarantined in an

Animal Import Center.7

Number of birds in isolette Daily

Fee

1 ........................................................ $6.50

2 ........................................................ 7.75

3 ........................................................ 9.25

4 ........................................................ 10.75

5 ........................................................ 12.00

(b) Based on the information provided

to APHIS personnel, APHIS personnel

at the Animal Import Center or other

APHIS owned or supervised quarantine

facility will determine the appropriate

number of birds that should be housed

per isolette.

(c) If the person or persons for whom

the service is provided or the person or

persons requesting the service request

additional services on an hourly basis,

the user fees for each employee required

to perform the service are:

(1) $56.00 per hour; and

(2) $14.00 per quarter-hour;

(3) With a minimum of $16.50.

12. Section 130.14 would be amended

as follows:

a. By revising the section heading to

read as set forth below.

b. In paragraph (a), after the term

‘‘NVSL’’, by adding the phrase ‘‘or at

authorized import sites (excluding

FADDL)’’.

c. In paragraph (a), by revising

footnote 1 to the table to read as set

forth below.

d. By adding a new paragraph (c) to

read as set forth below.

§ 130.14 User fees for tests performed by

the NVSL or at authorized import sites

(excluding FADDL).

(a) * * *

1Because tests with multiple and

subsequent antigens can be set up for a

fraction of the cost of a single-antigen test,

tests subsequent to the first antigen used for

these assays are reduced down to 20% of the

cost of using the first antigen. The following

are examples of these cost savings:

complement fixation (CF) tests for equine

encephalomyelitis or vesicular stomatitis;

hemagglutination inhibition (HI) for equine

encephalomyelitis or equine influenza; virus

neutralization (VN) tests for porcine

respiratory and reproductive syndrome. For

example, for CF tests for eastern equine

encephalomyelitis (EEE), western equine

encephalomyelitis (WEE), and Venezuelan

equine encephalomyelitis (VEE) and for VN

tests for the New Jersey and Indiana serovars

of vesicular stomatitis (VS), the costs are as

follows: EEE—$9.00, WEE and VEE—$2.00

each; VS New Jersey—$7.50, VS Indiana—

$1.50. The total of these five assays is $22.00

for each specimen submitted.

* * * * *

(c) The user fees in this section do not

include any costs that may be incurred

due to special mail handling, such as

express, overnight, or foreign mailing. If

a test requires special mail handling, all

costs incurred must be paid by the user

as specified in paragraph (a) of this

section, in addition to the user fee listed

in paragraph (a) of this section.
Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Proposed Rules 27923

13. Section 130.15 would be amended

as follows:

a. In paragraph (a), by revising

footnote 1 to the table to read as set

forth below.

b. By adding a new paragraph (c) to

read as set forth below.

§ 130.15 User fees for tests performed at

FADDL.

(a) * * *

1Because tests with multiple and

subsequent antigens can be set up for a

fraction of the cost of a single-antigen test,

tests subsequent to the first antigen used for

these assays are reduced down to 20% of the

cost of using the first antigen. The following

assays are examples of these cost savings:

complement fixation (CF) tests for foot-andmouth disease or vesicular stomatitis; virus

neutralization (VN) tests for foot-and-mouth

disease or vesicular stomatitis. For example,

for CF and VN tests for foot-and-mouth

disease A, O, and C antigens, the costs are

as follows: CF A antigen—$30.50, O

antigen—$6.25, and C antigen—$6.25; VN A

antigen—$22.00, O antigen—$4.50, and C

antigen—$4.50. The total of these six assays

is $74.00 for each specimen tested for these

agents.

* * * * *

(c) The user fees in this section do not

include any costs that may be incurred

due to special mail handling, such as

express, overnight, or foreign mailing. If

a test requires special mail handling, all

costs incurred must be paid by the user

as specified in paragraph (a) of this

section in addition to the user fee listed

in paragraph (a) of this section.

14. Section 130.16 would be amended

as follows:

a. In paragraph (a), in the table, by

revising the entry for ‘‘Virus isolation’’

and by adding a new test in alphabetical

order to read as set forth below.

b. By adding a new paragraph (c) to

read as set forth below.

§ 130.16 User fees for reference

assistance testing.

(a) * * *

Test User fee

* * * * *

(3) Other tests:

* * * * *

Virus isolation (except Newcastle

disease virus) .............................. $29.75

Virus isolation for Newcastle disease virus .................................... 14.00

* * * * *

(c) The user fees in this section do not

include any costs that may be incurred

due to special mail handling, such as

express, overnight, or foreign mailing. If

a test requires special mail handling, all

costs incurred must be paid by the user

as specified in paragraph (a) of this

section in addition to the user fee listed

in paragraph (a) of this section.

15. Section 130.17 would be amended

as follows:

a. In paragraph (a), in the table, in the

entry for Johnin: OT, under the Unit

(ml.) column, by removing the numeral

‘‘10’’ and adding ‘‘2’’ in its place.

b. By adding a new paragraph (c) to

read as set forth below.

§ 130.17 User fees for diagnostic reagents,

slide sets, and tissue sets.

* * * * *

(c) The user fees in this section do not

include any costs that may be incurred

due to special mail handling, such as

express, overnight, or foreign mailing. If

a test requires special mail handling, all

costs incurred must be paid by the user

as specified in paragraph (a) of this

section in addition to the user fee listed

in paragraph (a) of this section.

16. Section 130.18 would be amended

as follows:

a. By redesignating the existing text as

paragraph (a).

b. By adding a new paragraph (b) to

read as set forth below.

§ 130.18 User fees for sterilization by

gamma radiation.

(a) * * *

(b) The user fees in this section do not

include any costs that may be incurred

due to special mail handling, such as

express, overnight, or foreign mailing. If

a test requires special mail handling, all

costs incurred must be paid by the user

as specified in paragraph (a) of this

section in addition to the user fee listed

in paragraph (a) of this section.

17. Section 130.20 would be amended

as follows:

a. In paragraph (a), by redesignating

footnote 7 as footnote 8, and 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.

c. In paragraph (c), by removing the

words ‘‘it is endorsed’’ and by adding

the phrase ‘‘the export health certificate

is prepared for endorsement completely

at the site of the inspection’’ in their

place.

d. In paragraph (c), by removing the

reference ‘‘§ 130.7’’ and adding

‘‘§ 130.21’’ in its place.

e. By redesignating paragraph (d) as

paragraph (e) and adding a new

paragraph (d) to read as set forth below.

§ 130.20 User fees for endorsing export

health certificates.

(a) * * *

Certificate categories User fee

Slaughter animals, of any type,

moving to .................................... $24.50

Certificate categories User fee

Canada or Mexico .......................... .............

Nonslaughter horses to Canada .... 26.25

Poultry ............................................. 21.00

Hatching eggs ................................. 21.00

Animal products .............................. 21.50

Other endorsements or certifications ......................................... 16.50

(b)(1) * * *

Number of tests/

vaccinations required

Number of

animals on

certificate

Fee

1–2 ................... First animal ...... $52.50

Each additional

animal.

3.00

3–6 ................... First animal ...... 64.75

Each additional

animal.

5.00

7 or more .......... First animal ...... 75.75

Each additional

animal.

6.00

* * * * *

(d) The user fees prescribed in this

section will not apply if a requested

export health certificate is not endorsed

by an APHIS veterinarian. The

minimum user fee of $16.50 will be

charged for each export health

certificate that is requested but not

endorsed.

18. Section 130.21 would be amended

as follows:

a. By revising paragraphs (a)(1)

through (a)(5) to read as set forth below.

b. By adding new paragraphs (a)(6)

and (a)(7) to read as set forth below.

c. In paragraph (b), before the colon,

by adding the phrase ‘‘charged per each

employee required to perform the

service’’.

d. In paragraph (b)(1), by removing

the figure $50.00 and adding ‘‘$56.00’’

in its place.

e. In paragraph (b)(2), by removing the

figure ‘‘$12.50’’ and adding ‘‘$14.00’’ in

its place.

f. In paragraph (b)(3), by removing the

figure ‘‘$16.00’’ and adding ‘‘$16.50’’ in

its place.

g. By revising paragraph (c) to read as

set forth below.

§ 130.21 User fees for inspection and

supervision services provided within the

United States for export animals, birds, and

animal products and byproducts.

(a) * * *

(1) Inspecting an export isolation

facility and animals in it;

(2) Supervising animal or bird rest

periods prior to export;

(3) Supervising loading or unloading

of animals or birds for export shipment;

(4) Inspecting means of conveyance

used to export animals or birds;

(5) Conducting inspections under

authority of part 156 of this chapter;
27924 Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Proposed Rules

9A list of Animal Import Centers and APHIS

offices that accept credit cards may be obtained

from the Animal and Plant Health Inspection

Service, Veterinary Services, National Center for

Import and Export, 4700 River Road Unit 38,

Riverdale, MD 20737–1231.

(6) Approving or inspecting an

embryo or semen collection center or

the animals in it; and

(7) Other export or embarkation

services not specified elsewhere in this

part.

* * * * *

(c) If a service must be conducted on

a Sunday or holiday or at any other time

outside the normal tour of duty of the

employee, then the premium user fee

rate, in lieu of the user fee listed in

paragraph (b) of this section, must be

paid for each employee required to

perform each service:

(1) $65.00 per hour for weekdays and

holidays; and

(2) $74.00 per hour for Sundays.

19. Section 130.50 would be amended

as follows:

a. In paragraph (b)(1), by

redesignating footnote 8 as footnote 9

and revising it to read as set forth below.

b. In paragraph (b)(2), at the end of the

sentence, by adding ‘‘drawn on a U.S.

bank in U.S. dollars and made payable

to the U.S. Department of Agriculture or

USDA’’.

c. In paragraph (b)(3), immediately

before the word ‘‘or’’, by adding ‘‘drawn

on a U.S. bank in U.S. dollars and made

payable to the U.S. Department of

Agriculture or USDA’’.

d. By revising paragraph (b)(4) to read

as set forth below. § 130.50 Payment of

user fees.

* * * * *

(b) * * *

(4) Credit cards (VISA [Insert

trademark symbol] or MasterCard [Insert

trademark symbol]) if payment is made

at an Animal Import Center or an APHIS

office that is equipped to process credit

cards.9

* * * * *

Done in Washington, DC, this 22nd day of

May 1995.

Terry L. Medley,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–12999 Filed 5–25–95; 8:45 am]

BILLING CODE 3410–34–P

SMALL BUSINESS ADMINISTRATION

13 CFR Part 121

Small Business Size Regulations; NonManufacturer Rule

AGENCY: Small Business Administration.

ACTION: Proposed rule.

SUMMARY: The Small Business

Administration (SBA) proposes to

amend its size regulations to require

that small business non-manufacturers

provide the product of a small business

manufacturer on small business setaside contracts or section 8(a) contracts,

regardless of the dollar value of the

contract. Under certain conditions, a

waiver of this requirement may be

granted by the SBA.

DATES: Comments must be submitted on

or before July 25, 1995.

ADDRESSES: Send comments to: Gene

VanArsdale, Acting Assistant

Administrator for Procurement Policy

and Liaison, U.S. Small Business

Administration, 409 Third Street, SW,

Mail Code 6252, Washington, DC 20416.

FOR FURTHER INFORMATION CONTACT:

Gary M. Jackson, Assistant

Administrator for Size Standards, (202)

205–6618.

SUPPLEMENTARY INFORMATION: In order to

qualify as small for purposes of a small

business set aside or section 8(a)

procurement of manufactured or

processed products, the Small Business

Act (15 U.S.C. 637(a)(17)) and SBA’s

implementing size regulations (13 CFR

121.906 and 121.1106) require nonmanufacturers to provide the product of

a domestic small business manufacturer.

An offeror which is not the

manufacturer (1) must itself be a small

business concern, and (2) must also

supply a product manufactured by a

domestic small business concern. This

requirement is commonly referred to as

SBA’s ‘‘non-manufacturer rule.’’

Compliance with the non-manufacturer

rule has been a long-standing regulatory

requirement for the small business setaside and 8(a) programs, and a part of

the Small Business Act since 1988.

Pursuant to the Act, the nonmanufacturer rule may be waived by the

SBA if SBA determines that no small

business manufacturer can reasonably

be expected to offer a project meeting

the specifications required by the

solicitation, or if SBA determines that

no small business manufacturer is

available to participate in the Federal

market. Under the SBA’s existing size

regulations, the non-manufacturer rule

has not been extended to supply

contracts processed under ‘‘Small

Purchase Procedures.’’

Recent legislation, however, has

rescinded the Small Purchase

Procedures. Thus, the exemption to the

non-manufacturer rule for procurements

processed under those procedures no

longer exists. This action was part of the

Federal Acquisition Streamlining Act of

1994 (FASA) that was signed into law

on October 13, 1994. Among its many

changes, FASA requires that simplified

acquisition procedures be developed for

contracts between $2,500 and $100,000,

and that all contracts between $2,500

and $100,000 be reserved exclusively

for small concerns unless the

contracting officer is unable to obtain

offers from at least two small business

concerns that are competitive in price

and quality.

The SBA is proposing to apply the

nonmanufacturer rule to supply

contracts that are reserved for small

business (i.e., set aside for small

business or reserved for the 8(a)

program) regardless of the dollar value

of the contract. This policy, adopted,

would consistently apply the nonmanufacturer rule to small business setaside and 8(a) contracts for supplies

issued under all procurement methods,

including those processed under the

new Simplified Acquisition Procedures.

The SBA believes that this rule would

further the overall purpose of the FASA,

which is to simplify Federal

procurement procedures. Applying

different rules according to dollar value

of contracts would further complicate

the procurement process. The impact of

this proposed rule would effectively be

limited to those procurements ranging

in value between $2,500 and $25,000

that were previously exempt from the

non-manufacturer rule as procurements

processed under Small Purchases

Procedures. (Note: Procurements of

$2,500 and below will be processed

under new micro-purchase procedures

and will not be reserved for small

business competition. Thus, the

proposed rule would not apply.)

The SBA does not believe an

exception to the non-manufacturer rule

based on the dollar value of contract is

needed. Public Law 100–656 amended

the Small Business Act by statutorily

requiring the non-manufacturer rule. As

indicated above, the legislation also

included a provision granting SBA the

authority to waive the nonmanufacturer

rule when (1) there is no small business

manufacturer for that particular class of

products in the federal market (class

waiver); or when (2) there is no small

business manufacturer which can meet

the specifications of a particular

contract (individual waiver). The waiver

provision addresses those situations

where the application of the

nonmanufacturer rule is inappropriate

due to the absence of small business

manufacturers in the Federal market. By

way of illustration, examples of waivers

to the non-manufacturer rule are

described by the two following cases.

1. Example of class waiver. There are

no small business manufacturers of

four-wheel drive utility trucks.