[Federal Register: September 3, 2002 (Volume 67, Number 170)]
[Rules and Regulations]
[Page 56217-56218]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03se02-1]
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[[Page 56217]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 354
[Docket No. 02-085-1]
AQI User Fees: Extension of Current Fees Beyond Fiscal Year 2002
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are amending the user fee regulations to ensure that fiscal
year 2002 user fee rates remain in effect beyond fiscal year 2002 until
the fees are revised. In a final rule published in the Federal Register
on November 16, 1999, we amended the regulations by adjusting the fees
charged for certain agricultural quarantine and inspection services we
provide in connection with certain commercial vessels, commercial
trucks, commercial railroad cars, commercial aircraft, and
international airline passengers arriving at ports in the customs
territory of the United States. We should have stated that the fees for
fiscal year 2002 would remain in effect until changed by further
rulemaking; instead, we indicated that the fees would remain in effect
through September 30, 2002. This interim rule will extend existing user
fee rates and continue to allow the collection of the fees beyond that
date.
DATES: This interim rule is effective September 3, 2002. We will
consider all comments that we receive on or before November 4, 2002.
ADDRESSES: You may submit comments by postal mail/commercial delivery
or by e-mail. If you use postal mail/commercial delivery, please send
four copies of your comment (an original and three copies) to: Docket
No. 02-085-1, Regulatory Analysis and Development, PPD, APHIS, Station
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state
that your comment refers to Docket No. 02-085-1. If you use e-mail,
address your comment to regulations@aphis.usda.gov. Your comment must
be contained in the body of your message; do not send attached files.
Please include your name and address in your message and ``Docket No.
02-085-1'' on the subject line.
You may read any comments that we receive on this docket in our
reading room. The reading room is located in room 1141 of the USDA
South Building, 14th Street and Independence Avenue SW., Washington,
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through
Friday, except holidays. To be sure someone is there to help you,
please call (202) 690-2817 before coming.
APHIS documents published in the Federal Register, and related
information, including the names of organizations and individuals who
have commented on APHIS dockets, are available on the Internet at
http://www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: For information concerning program
operations, contact Mr. Jim Smith, Assistant Director, Port Operations,
Plant Health Programs, PPQ, APHIS, 4700 River Road Unit 60, Riverdale,
MD 20737-1236; (301) 734-8295. For information concerning rate
development, contact Ms. Donna Ford, PPQ User Fees Section Head, FMD,
MRPBS, APHIS, 4700 River Road Unit 54, Riverdale, MD 20737-1232, (301)
734-5901.
SUPPLEMENTARY INFORMATION:
Background
Section 2509(a) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (21 U.S.C. 136a), referred to below as the FACT Act,
authorizes the Animal and Plant Health Inspection Service (APHIS) to
collect user fees for agricultural quarantine and inspection (AQI)
services. The FACT Act was amended by section 917 of the Federal
Agricultural Improvement and Reform Act of 1996 (Pub. L. 104-127), on
April 4, 1996.
The FACT Act, as amended, authorizes APHIS to collect user fees for
providing AQI services in connection with the arrival at a port in the
customs territory of the United States, or the preclearance or
preinspection at a site outside the customs territory of the United
States, of:
Commercial vessels,
Commercial trucks,
Commercial railroad cars,
Commercial aircraft, and
International airline passengers.
According to the FACT Act, as amended, these user fees should
recover the costs of:
Providing the AQI services listed above,
Administering the user fee program, and
Until September 30, 2002, maintaining a reasonable balance
in the Agricultural Quarantine Inspection User Fee Account (AQI
account).
On November 16, 1999, we published in the Federal Register (64 FR
62089-62096, Docket No. 98-073-2) a final rule amending the user fee
regulations in Sec. 354.3 by adjusting the fees charged for certain AQI
services we provide in connection with certain commercial vessels,
commercial trucks, commercial railroad cars, commercial aircraft, and
international airline passengers arriving at ports in the customs
territory of the United States. We should have stated that the fees for
fiscal year (FY) 2002 would remain in effect until changed by further
rulemaking; instead, we indicated that the fees would remain in effect
through September 30, 2002. In order to recover our costs for providing
AQI services after that date, we need to continue to collect user fees.
Therefore, we are amending the AQI user fee regulations in
Sec. 354.3 to ensure that FY 2002 user fee rates remain in effect
beyond FY 2002 until the fees are revised. This interim rule will
extend existing user fee rates and continue to allow the collection of
the fees beyond September 30, 2002. Collection of these fees is
necessary for the continuance of specific border inspection activities
that are essential to protect U.S. agriculture from plant and animal
disease and pest threats.
Immediate Action
Immediate action is necessary to continue to allow the collection
of AQI user fees beyond September 30, 2002. Under these circumstances,
the Administrator has determined that prior notice and opportunity for
public comment are contrary to the public interest and that there is
good cause
[[Page 56218]]
under 5 U.S.C. 553 for making this action effective less than 30 days
after publication in the Federal Register.
We will consider comments we receive during the comment period for
this interim rule (see DATES above). After the comment period closes,
we will publish another document in the Federal Register. The document
will include a discussion of any comments we receive and any amendments
we are making to the rule.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has been determined to be not significant for the purposes of Executive
Order 12866 and, therefore, has not been reviewed by the Office of
Management and Budget.
This interim rule amends the AQI user fee regulations to ensure
that current fees remain in effect until adjusted through further
rulemaking.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
This rule contains no new information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 7 CFR Part 354
Exports, Government employees, Imports, Plant diseases and pests,
Quarantine, Reporting and recordkeeping requirements, Travel and
transportation expenses.
Accordingly, 7 CFR part 354 is amended as follows:
PART 354--OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND
USER FEES
1. The authority citation for part 354 is revised to read as
follows:
Authority: 7 U.S.C. 2260; 21 U.S.C. 136 and 136a; 49 U.S.C.
80503; 7 CFR 2.22, 2.80, and 371.3.
2. Section 354.3 is amended by revising the tables in paragraphs
(b)(1), (c)(1), (d)(1), (e)(1), and (f)(1) to read as follows:
Sec. 354.3 User fees for certain international services.
* * * * *
(b) * * *
(1) * * *
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Effective dates Amount
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January 1, 2000 through September 30, 2000.................... 465.50
October 1, 2000 through September 30, 2001.................... 474.50
October 1, 2001............................................... 480.50
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* * * * *
(c) * * *
(1) * * *
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Effective dates Amount
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January 1, 2000 through September 30, 2000.................... 4.25
October 1, 2000 through September 30, 2001.................... 4.50
October 1, 2001............................................... 4.75
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* * * * *
(d) * * *
(1) * * *
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Effective dates Amount
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January 1, 2000 through September 30, 2000.................... 6.75
October 1, 2000 through September 30, 2001.................... 7.00
October 1, 2001............................................... 7.00
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* * * * *
(e) * * *
(1) * * *
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Effective dates Amount
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January 1, 2000 through September 30, 2000.................... 64.00
October 1, 2000 through September 30, 2001.................... 64.75
October 1, 2001............................................... 65.25
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* * * * *
(f) * * *
(1) * * *
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Effective dates \1\ Amount
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January 1, 2000 through September 30, 2000.................... 3.00
October 1, 2000 through September 30, 2001.................... 3.00
October 1, 2001............................................... 3.10
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\1\ Persons who issue international airline tickets or travel documents
are responsible for collecting the APHIS international airline
passenger user fee from ticket purchasers. Issuers must collect the
fee applicable at the time tickets are sold. In the event that ticket
sellers do not collect the APHIS user fee when tickets are sold, the
air carrier must collect the user fee from the passenger upon
departure. Carriers must collect the fee applicable at the time of
departure from the traveler.
* * * * *
Done in Washington, DC, this 27th day of August, 2002.
Richard L. Dunkle,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-22313 Filed 8-30-02; 8:45 am]
BILLING CODE 3410-34-P
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