This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

62591 

Vol. 72, No. 214 

Tuesday, November 6, 2007 

1With the increase, the reserve would be $14 

million. However a six month reserve is needed for 

all program contingencies, including shutdown. 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 56 and 70 

[Docket No. AMS–PY–07–0065] 

RIN 0581–AC73 

Multiyear Increase in Fees and 

Charges for Egg, Poultry, and Rabbit 

Grading and Audit Services 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: The Agricultural Marketing 

Service (AMS) proposes to increase the 

fees and charges for Federal voluntary 

egg, poultry, and rabbit grading, 

certification, and audit services for the 

next two fiscal years, FY 2008 and FY 

2009. The fees and charges need to be 

increased by 2.76% to 7.74% to cover 

the increase in salaries of Federal 

employees, salary increases of State 

employees cooperatively utilized in 

administering the programs, and other 

increased Agency costs. The AMS is 

required to collect fees from users of 

these services to cover the costs of 

services rendered. 

DATES: Comments must be received on 

or before December 6, 2007. 

ADDRESSES: Send written comments, in 

duplicate, to David Bowden, Jr., Chief, 

USDA, AMS, PY, Standards, Promotion 

and Technology Branch, STOP 0256, 

Room 3932–S, 1400 Independence 

Avenue, SW., Washington, DC 20250– 

0256. Comments, in duplicate, also may 

be faxed to (202) 720–2930. 

Comments also may be submitted 

electronically to: http:// 

www.regulations.gov. 

Comments received will be available 

for public inspection at the above 

location between 8 a.m. and 4:30 p.m., 

e.t., Monday through Friday, except 

legal holidays, or can be reviewed on 

http://www.regulations.gov. 

All comments should reference 

docket number AMS–PY–07–0065 and 

note the date and page number of this 

issue of the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Charles L. Johnson, Chief, Grading 

Branch, (202) 720–3271. 

SUPPLEMENTARY INFORMATION: 

Background and Proposed Changes 

The Agricultural Marketing Act of 

1946 (AMA), as amended (7 U.S.C. 

1621–1627), gives AMS the authority to 

provide services so that agricultural 

products may be marketed to their best 

advantage, that global marketing and 

trade may be facilitated, and that 

consumers may be able to ascertain 

characteristics involved in the 

production and processing of products 

and obtain the quality of product they 

desire. The AMA also provides for the 

collection of fees from users of these 

services that are reasonable and cover 

the cost of providing services. Voluntary 

grading and certification of eggs, 

poultry, and rabbits and verification and 

conformance audits, fall within this 

authorization. 

A recent review determined that the 

existing fee schedule, effective April 1, 

2007, will not generate sufficient 

revenue to cover program costs while 

maintaining an adequate trust fund 

reserve balance in FY 2008 and FY 

2009. Revenue, investment income and 

other adjustments in FY 2006 were $36 

million while expenses were $35 

million, resulting in a trust fund reserve 

balance increase from $12.3 million to 

$13.3 million.1

FY 2007 revenue, investment income 

and other adjustments are currently 

projected at $35.9 million and expenses 

in FY 2007 are projected at $35.8 

million. This will result in a trust fund 

reserve balance of $13.4 million. 

Without a fee increase, FY 2008 

revenue is projected to be $35 million. 

Expenses are projected to be $37.4 

million, which would leave a reserve of 

$11 million. With a fee increase, FY 

2008 revenue is projected at $37.5 

million. The fee increase will result in 

a trust fund reserve balance of $13.5 

million. 

Without a fee increase, FY 2009 

revenue is projected at $34.9 million. 

Expenses are projected at $38.2 million, 

which would leave a reserve of $7.7 

million. With a fee increase, FY 2009 

revenue is projected at $38.8 million. 

The fee increase will result in a trust 

fund reserve balance of $14 million. 

Employee salaries and benefits 

account for approximately 85 percent of 

the total operating budget. The last 

general and locality salary increase for 

Federal employees became effective on 

January 1, 2007, and it materially 

affected program costs. Projected cost 

estimates for that increase were based 

on a salary increase of 1.7 percent; 

however, the increase was actually 1.81 

to 3.02 percent, depending on locality. 

The average annual increase in salary 

over the past five years has been 3.71 

percent and was used for the projected 

salary increase for January 2008 and 

January 2009. Also, from October 2007 

through September 2009, salaries and 

fringe benefits of federally-licensed 

State employees are estimated to 

increase by about 6.0 percent. 

The hourly rate for resident and nonresident service covers graders’ salaries 

and benefits. The current hourly rates of 

$39.04, $69.68, and $80.12 for the 

resident and fee service cover graders’ 

salaries and benefits, plus the cost of 

travel and supervision. The minimum 

monthly administrative volume charge 

for resident poultry, shell egg, and 

rabbit grading remains at $275, because 

the fee analysis determined that raising 

the minimum monthly administrative 

charge would not generate additional 

reserve. For FY 2008 the non-resident 

fee rates would be $74.08 for regular 

hours and $86.68 for weekend and 

holiday hours, an increase of 

approximately 7 percent from the 

previous year. Beginning in January 

2009, the non-resident fee rates would 

be $77.28 for regular hours and $93.24 

for weekend and holiday hours, an 

increase of approximately 6 percent 

from the previous year. 

Current rates for auditing services are 

$82.16 and $102.84. In FY 2008 they 

would be $87.56 for regular hours and 

$112.00 for weekend and holiday hours, 

an increase of approximately 8 percent 

from the previous year. Beginning in 

January 2009, the audit rates would be 

$89.20 for regular hours and $116.08 for 

weekend and holiday hours, an increase 

of approximately 3 percent. 

Elimination of the inauguration 

charge of $310, when an application for 

service has been received, is also 

proposed. By restructuring the 

inauguration charge, expenses incurred 

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62592 Federal Register / Vol. 72, No. 214 / Tuesday, November 6, 2007 / Proposed Rules 

for plant surveys and billed to 

applicants will reflect a more accurate 

accounting for the services rendered. 

Since a plant survey still would be 

required, the fee for the survey would be 

borne by the applicant at rates set forth 

for shell eggs in § 56.46 (a)–(c) and for 

poultry and rabbits in § 70.71 (a)–(c), 

plus any travel and additional expenses. 

The following table compares current 

and proposed fees. The fee rate would 

be increased by approximately 7.0 

percent. The hourly rate for resident and 

nonresident service covers graders’

salaries and benefits. 

Service Current Proposed 

2008 

Proposed 

2009 

Resident Service (egg, poultry, and rabbit grading) 

Inauguration of service ................................................................................................................ 310 0 0 

Hourly charges: 

Regular hours ....................................................................................................................... 39.04 40.88 42.68 

Administrative charges—Poultry grading: 

Per pound of poultry ............................................................................................................. .00043 .00045 .00047 

Minimum per month .............................................................................................................. 275 275 275 

Maximum per month ............................................................................................................. 3,075 3,150 3,225 

Administrative charges—Shell egg grading: 

Per 30-dozen case of shell eggs ......................................................................................... .053 .055 .058 

Minimum per month .............................................................................................................. 275 275 275 

Maximum per month ............................................................................................................. 3,075 3,150 3,225 

Administrative charges—Rabbit grading: 

Based on 25% of grader’s salary, minimum per month ...................................................... 275 275 275 

Non-resident Service (egg, poultry, and rabbit grading) 

Hourly charges: 

Regular hours ....................................................................................................................... 39.04 40.88 42.68 

Administrative charges: 

Based on 25% of grader’s salary, minimum per month ...................................................... 275 275 275 

Nonresident Fee and Appeal Service (egg, poultry, and rabbit grading) 

Hourly charges: 

Regular hours ....................................................................................................................... 69.68 74.08 77.28 

Weekend and holiday hours ................................................................................................. 80.12 86.68 93.24 

Audit Fee (Plant Systems, Animal Welfare, QSVP) 

Hourly charges: 

Regular hours ....................................................................................................................... 82.16 87.56 89.20 

Weekend and holiday hours ................................................................................................. 102.84 112.00 116.08 

Executive Order 12866 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866 and 

therefore, has not been reviewed by the 

Office of Management and Budget 

(OMB). 

Regulatory Flexibility Act 

Pursuant to the requirements set forth 

in the Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601–674), the AMS has 

considered the economic impact of this 

action on small entities. It is determined 

that its provisions would not have a 

significant economic impact on a 

substantial number of small entities. 

There are about 390 users of Poultry 

Programs’ services. These official plants 

can pack eggs, poultry, and rabbits in 

packages bearing the USDA grade shield 

when AMS graders are present to certify 

that the products meet the grade 

requirements as labeled. Many of these 

users are small entities under the 

criteria established by the Small 

Business Administration (13 CFR 

121.201). These entities are under no 

obligation to use program services as 

authorized under the Agricultural 

Marketing Act of 1946. 

The AMS regularly reviews its user 

fee financed programs to determine if 

fees are adequate and if costs are 

reasonable. A recent review determined 

that the existing fee schedule, effective 

April 1, 2007, will not generate 

sufficient revenue to cover program 

costs while maintaining an adequate 

reserve balance in FY 2008 and FY 

2009. 

Expenses in FY 2008 are projected at 

$37.4 million. Without a fee increase, 

FY 2008 revenue is projected at $35 

million. With a fee increase, FY 2008 

revenues are projected at $37.5 million. 

Expenses in FY 2009 are projected at 

$38.2 million. Without a fee increase, 

FY 2009 revenues are projected at $34.9 

million. With a fee increase, FY 2009 

revenues are projected at $38.8 million. 

This action would raise the fees 

charged to users of grading and auditing 

services. The AMS estimates that, 

overall, this rule would yield an about 

$2.4 million during FY 2008 and $3.9 

million for FY 2009. The hourly rate for 

resident and nonresident service would 

increase by approximately 4.71 percent 

in FY 2008 and 4.4 percent in FY 2009. 

The fee rate would increase by 

approximately 7 percent in FY 2008 and 

approximately 6 percent in FY 2009. 

The audit fee would increase by 

approximately 8 percent in FY 2008 and 

approximately 3 percent in FY 2009. 

The impact of these rate changes in a 

poultry plant would range from about 

$0.000078 to $0.000952 per pound of 

poultry handled in FY 2008 and 

$0.000085 to $0.001068 in FY 2009. In 

a shell egg plant, the range would be 

$0.000273 to $0.003499 per dozen eggs 

handled in FY 2008 and $0.000410 to 

$0.004870 per dozen eggs handled in FY 

2009. 

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Federal Register / Vol. 72, No. 214 / Tuesday, November 6, 2007 / Proposed Rules 62593 

Civil Justice Reform 

This action has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This action is not intended to 

have retroactive effect. This 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. 

Paperwork Reduction 

The information collection 

requirements that appear in the sections 

to be amended by this action have been 

previously approved by OMB and 

assigned OMB Control Numbers under 

the Paperwork Reduction Act (44 U.S.C. 

Chapter 35) as follows: § 56.52(a)(4)—

No. 0581–0128; and § 70.77(a)(4)—No. 

0581–0127. 

A 30-day comment period is provided 

for interested persons to comment on 

this proposed rule. Given the current 

financial status of this program, this 

comment period is deemed appropriate 

in order to implement, as early as 

possible in FY 2008, any fee changes 

adopted as a result of this rulemaking 

action. 

List of Subjects 

7 CFR Part 56 

Eggs and egg products, Food grades 

and standards, Food labeling, Reporting 

and recordkeeping requirements. 

7 CFR Part 70 

Food grades and standards, Food 

labeling, Poultry and poultry products, 

Rabbits and rabbit products, Reporting 

and recordkeeping requirements. 

For reasons set forth in the preamble, 

it is proposed that Title 7, Code of 

Federal Regulations, parts 56 and 70 be 

amended as follows: 

PART 56—GRADING OF SHELL EGGS 

1. The authority citation for part 56 

continues to read as follows: 

Authority: 7 U.S.C. 1621–1627. 

§ 56.46 [Amended] 

2. Section 56.46 is amended by: 

A. Removing in paragraph (b), 

‘‘$69.68’’ and adding ‘‘$74.08, beginning 

January 27, 2008, and $77.28 on or after 

January 25, 2009,’’ in its place. 

B. Removing in paragraph (c), ‘‘$80.12 

per hour’’ and adding ‘‘$86.68 per hour, 

beginning January 27, 2008 and $93.24 

per hour on or after January 25, 2009,’’

in its place. 

C. Removing in paragraph (d), 

‘‘$82.16’’ and adding ‘‘$87.56 beginning 

January 27, 2008, and $89.20 on or after 

January 25, 2009,’’ in its place. 

D. Removing in paragraph (e), 

‘‘$102.84 per hour’’ and adding 

‘‘$112.00 per hour beginning January 27, 

2008 and $116.08 per hour on or after 

January 25, 2009,’’ in its place. 

3. Section 56.52 is amended by: 

A. Removing the first sentence of 

paragraph (a)(1), and adding three 

sentences to read as set forth below; and 

B. Removing in paragraph (a)(4), 

‘‘$0.053’’ and adding ‘‘$0.055 beginning 

January 27, 2008, and $0.058 on or after 

January 25, 2009,’’ in its place, and 

removing ‘‘$3,075’’ and adding ‘‘$3,150 

beginning January 27, 2008, and $3,225 

on or after January 25, 2009,’’ in its 

place. 

§ 56.52 Charges for continuous grading 

performed on a resident basis. 

* * * * * 

(1) When a signed application for 

service has been received, the State 

supervisor or the supervisor’s assistant 

shall complete a plant survey pursuant 

to § 56.30. The costs for completing the 

plant survey shall be borne by the 

applicant on a fee basis at rates set forth 

in § 56.46 (a) through (c), plus any travel 

and additional expenses. No charges 

will be assessed when the application is 

required because of a change in name or 

ownership. * * * 

* * * * * 

PART 70—VOLUNTARY GRADING OF 

POULTRY PRODUCTS AND RABBIT 

PRODUCTS 

4. The authority citation for part 70 

continues to read as follows: 

Authority: 7 U.S.C. 1621–1627. 

§ 70.71 [Amended] 

5. Section 70.71 is amended by: 

A. Removing in paragraph (b) 

‘‘$69.68’’ and adding ‘‘$74.08 beginning 

January 27, 2008, and $77.28 on or after 

January 25, 2009,’’ in its place. 

B. Removing in paragraph (c) ‘‘$80.12 

per hour’’ and adding ‘‘$86.68 per hour 

beginning January 27, 2008, and $93.24 

per hour on or after January 25, 2009,’’

in its place. 

C. Removing in paragraph (d), 

‘‘$82.16’’ and adding ‘‘$87.56 beginning 

January 27, 2008, and $89.20 on or after 

January 25, 2009,’’ in its place. 

D. Removing in paragraph (e), 

‘‘$102.84 per hour’’ and adding 

‘‘$112.00 per hour beginning January 27, 

2008, and $116.08 per hour on or after 

January 25, 2009,’’ in its place. 

6. Section 70.77 is amended by: 

A. Removing the first sentence of 

paragraph (a)(1), and adding three 

sentences to read as set forth below; and 

B. Removing in paragraph (a)(4), 

‘‘$0.00043’’ and adding ‘‘$0.00045 

beginning January 27, 2008 and 

$0.00047 on or after January 25, 2009,’’

in its place, and removing ‘‘$3,075’’ and 

adding ‘‘$3,150 beginning January 27, 

2008, and $3,225 on or after January 25, 

2009,’’ in its place. 

§ 70.77 Charges for continuous poultry or 

rabbit grading performed on a resident 

basis. 

* * * * * 

(1) When a signed application for 

service has been received, the State 

supervisor or the supervisor’s assistant 

shall complete a plant survey pursuant 

to § 70.34. The costs for completing the 

plant survey shall be borne by the 

applicant on a fee basis at rates set forth 

in § 70.71(a) through (c), plus any travel 

and additional expenses. No charges 

will be assessed when the application is 

required because of a change in name or 

ownership. * * * 

* * * * * 

Dated: October 18, 2007 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 07–5571 Filed 11–2–07; 11:54 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Bureau of Customs and Border 

Protection 

8 CFR Parts 100 and 212 

[USCBP–2007–0084] 

RIN 1651–AA71 

Issuance of a Visa and Authorization 

for Temporary Admission Into the 

United States for Certain 

Nonimmigrant Aliens Infected With HIV 

AGENCY: Customs and Border Protection; 

DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of Homeland 

Security (DHS) proposes to amend the 

regulations pertaining to admission of 

certain nonimmigrants to the United 

States. This rule proposes to authorize 

issuance of certain short-term 

nonimmigrant visas and temporary 

admission for aliens who are 

inadmissible solely due to their 

infection with the human 

immunodeficiency virus (HIV). The 

proposed rule would provide, on a 

limited and categorical basis, a more 

streamlined process to authorize these 

nonimmigrant aliens to enter the United 

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