[Federal Register: November 3, 2003 (Volume 68, Number 212)]
[Rules and Regulations]               
[Page 62226-62227]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03no03-7]                         

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 130

[Docket No. 02-041-2]

 
Veterinary Services User Fees; Fee for Use of Animal Ramp at 
Miami International Airport

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations to establish a user fee for a 
Government-owned ramp at Miami International Airport used to move 
animals off of and onto airplanes. Prior to the establishment of this 
user fee, we were able to recover the cost of labor in supervising and 
assisting importers and exporters in the ramp's use through existing 
user fees, but we had to absorb all other costs associated with the 
ramp. The new user fee will ensure that we recover costs incurred by 
the ramp's purchase and use and will shift the cost of the ramp to 
those who receive benefits from its use.

EFFECTIVE DATE: December 3, 2003.

FOR FURTHER INFORMATION CONTACT: For information concerning program 
operations for Veterinary Services, contact Ms. Inez Hockaday, 
Director, Management Support Staff, VS, APHIS, 4700 River Road Unit 44, 
Riverdale, MD 20737-1231, (301) 734-7517.
    For information concerning rate development of the user fee, 
contact Mrs. Kris Caraher, Accountant, User Fees Section, Financial 
Management Division, APHIS, 4700 River Road Unit 54, Riverdale, MD 
20737-1232, (301) 734-8351.

SUPPLEMENTARY INFORMATION:

Background

    User fees to reimburse the Animal and Plant Health Inspection 
Service (APHIS)

[[Page 62227]]

for the costs of providing veterinary diagnostic services and import- 
and export-related services for live animals and birds and animal 
products are contained in 9 CFR part 130 (referred to below as the 
regulations). APHIS receives no directly appropriated funds to provide 
these services; our ability to provide them depends on user fees.
    On May 12, 2003, we published in the Federal Register (68 FR 25308-
25310, Docket No. 02-041-1) a proposal to amend the regulations by 
establishing a user fee for a Government-owned ramp at Miami 
International Airport used to move animals off of and onto airplanes. 
We solicited comments concerning our proposal for 60 days ending July 
11, 2003. We received one comment by that date, from a private citizen. 
This commenter supported the proposed user fee but requested that funds 
collected from the proposed user fee be used to construct a quarantine 
station.
    User fees are intended to reimburse APHIS for the costs of 
providing the specific services for which they are charged. Using the 
fee for the use of the animal ramp at Miami International Airport for 
any purpose other than reimbursing APHIS for the cost of the operation 
of that animal ramp would therefore be inappropriate. We are making no 
changes in response to this comment.

    Note: In the proposed rule that preceded this action, we 
proposed to add the paragraph detailing the new animal ramp user fee 
to Sec.  130.8, ``User fees for other services.'' We have determined 
that the new fee would be more appropriately placed in Sec.  130.2, 
which contains fees for certain animals and birds quarantined in 
APHIS-owned or -operated quarantine facilities. For this reason, in 
this final rule, we are adding the user fee for the animal ramp at 
Miami International Airport to Sec.  130.2 as a new paragraph (d) 
and changing the heading of that section to read ``User fees for 
individual animals and certain birds quarantined in APHIS-owned or -
operated quarantine facilities, including APHIS Animal Import 
Centers; and fee for use of animal ramp.''

    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, with the 
change discussed above.

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 final rule establishes a user fee of $151 for the animal ramp 
APHIS operates at Miami International Airport.
    Though the fee is $151 per use regardless of the number of animals 
being moved across the ramp, in the past clients have moved, on 
average, approximately 50 animals per ramp use. Thus the average cost 
per animal for use of the ramp will be approximately $3. This is a 
negligible fee compared to the market value of the breeding animals and 
other upper-end livestock that are transported by air and that may be 
moved using the ramp. For example, the average import/export price per 
head of purebred cattle in 2001 was $1,186, while the price of purebred 
horses was $9,653. Our customers, usually brokers, are likely to pass 
this fee on to their clients.
    This new user fee is also similar to the fees charged for the use 
of similar ramps elsewhere. For example, O'Hare International Airport 
in Chicago charges approximately $150 for use of its ramp, while one 
private horse-transporting entity charges approximately $800 for the 
use of the ramp it owns.

Impact on Small Entities

    The Regulatory Flexibility Act requires that agencies consider the 
economic effects of their rules on small entities. The Small Business 
Administration (SBA) has published criteria for determining which 
economic entities meet the definition of a small business. The entities 
affected by this new user fee are most likely to be brokers and 
livestock owners importing or exporting animals. The SBA considers an 
entity engaged in importing and exporting live animals, poultry, and 
birds to be small if its total sales are less than $5 million annually. 
The total revenue of livestock brokers who transport animals through 
Miami International Airport is not available, but we expect that a 
majority of these brokers can be classified as small entities. While 
the majority of entities affected by the new user fee may be small, 
this final rule is not expected to have a significant impact on them, 
due to the fact that the average fee per animal is quite small in 
comparison to the value of the livestock being transported.
    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 final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This rule: (1) Preempts all State and local laws 
and regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

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

List of Subjects in 9 CFR Part 130

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


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

PART 130--USER FEES

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

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


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2. Section 130.2 is amended as follows:
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a. By revising the section heading to read as set forth below.
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b. By adding a new paragraph (d) to read as set forth below.


Sec.  130.2  User fees for individual animals and certain birds 
quarantined in APHIS-owned or -operated quarantine facilities, 
including APHIS Animal Import Centers; and fee for use of animal ramp.

* * * * *
    (d) Animal ramp. The user fee for the transport ramp used to move 
animals on or off aircraft at APHIS's Animal Import/Export and Plant 
Inspection Station at Miami International Airport is $151 per use. For 
labor services associated with the ramp, the hourly user fees in Sec.  
130.30 will apply.

    Done in Washington, DC, this 28th day of October, 2003.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-27539 Filed 10-31-03; 8:45 am]

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