PART 130—USER FEES 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. Source: 88 FR 49998, Aug. 1, 2023, unless otherwise noted. § 130.1 Definitions. As used in this part, the following terms shall have the meaning set forth in this section. Administrator. Animal. Animal and Plant Health Inspection Service (APHIS). Animal Import Center. APHIS representative. Bird. Consumer price index. Cost of living. Diagnostic reagent. Direct operating costs. Direct pay (including benefits). Equine. Export health certificate. Feeder animal. Germplasm. Import compliance assistance. Imputed costs. In-bond animal. National Veterinary Services Laboratories (NVSL). National Veterinary Services Laboratories, Foreign Animal Disease Diagnostic Laboratory (FADDL). Person. Pet birds. Poultry. Privately operated permanent import-quarantine facility. Program, Agency, and Department support. Reserve. Standard feed. Test. United States. § 130.2 Basis for fees and rates. (a) Except as set forth in paragraphs (b) through (d) of this section, for setting fee rates for each calendar year based upon the previous fiscal year, APHIS will calculate the rates for services as follows: (1) APHIS will prorate the total Veterinary Services (VS) inspection, certification, or laboratory service program personnel direct pay (on board and in hiring process including benefits) for the previous fiscal year to each fee based upon the direct time factor percentage of employee's average time to perform and complete each fee code process and then multiply by the next year's percentage of cost of living increase. (2) APHIS will prorate total direct operating costs for the previous fiscal year based upon the direct time factor percentage of employee's average time to perform and complete each fee code process to each fee and then multiply by the anticipated percentage of inflation for the next year. (3) APHIS will add estimates for Program, Agency, and Department support costs, imputed costs, and reserves by applying a percentage based on information from Program, Agency, and Department officials and the Department of Treasury to the sum of the direct pay plus direct operating costs. (4) The amounts derived via the process described in this paragraph (a) and paragraphs (b) and (c) of this section will be added and then APHIS will round up to the next $0.25 for all fees less than $10 or round up to the nearest dollar for all fees greater than $10 to develop the new rate for each code. (b) If there is no identifiable volume in the previous year for the service provided by the fee, if the fee is rarely charged, or if APHIS cannot readily identify level of effort, APHIS will calculate the fee based on the last available historic data encompassing multiple instances of use and add any intervening inflation, overhead and support costs, imputed costs, and reserve. (c) Fees for the exclusive use of space in animal import centers will be calculated using the following formula: (1) APHIS will calculate fees by using direct employee average time (with benefits) and adding a prorated portion of currently identifiable expenses (facilities, rent, support cost, and admin support costs), program and support overhead expenses, imputed costs, and reserve. (2) APHIS will combine the costs to determine the monthly cost of providing the service at a single location within the animal import center. (3) APHIS will calculate the costs of the other locations within the animal import center based on the square footage of the location. (d) Services listed in § 130.4 will be charged an hourly rate-based user fee in accordance with the provisions of that section. (Approved by the Office of Management and Budget under control number 0579-0055) § 130.3 Operating details. (a) General standards. www.aphis.usda.gov/business-services/vs-fees [email protected]. (i) APHIS will propose changes to the fee rates found at www.aphis.usda.gov/business-services/vs-fees Federal Register. (ii) Following the comment period, APHIS will issue a subsequent notice in the Federal Register (iii) When this subsequent notice is issued, APHIS will update the fee rates found at www.aphis.usda.gov/business-services/vs-fees (2) The person for whom the service is provided and the person requesting the service are jointly and severally liable for payment of user fees in accordance with this section. (b) User fees for individual animals and certain birds quarantined in the APHIS-owned or -operated quarantine facilities, including APHIS Animal Import Centers. (2) For any animal or bird that requires a diet other than standard feed, including but not limited to diets of fruit, insects, nectar, or fish, the importer must either provide feed or pay for it on an actual cost basis, including the cost of delivery to the APHIS owned or operated Animal Import Center or quarantine facility. (c) User fees for exclusive use of space at APHIS Animal Import Centers. (2) Unless the importer cancels the reservation for exclusive use of space in time to receive a refund of the reservation fee in accordance with §§ 93.103, 93.204, 93.304, 93.404, or 93.504 of this chapter, as appropriate, the 30-day user fee will be effective as of the first day for which the importer has reserved the space and for the entirety of the reservation, regardless of whether the user occupies the space on that date or not. (3) Users must provide APHIS personnel at the Animal Import Center, at the time they make a reservation for quarantine space, with the following information: (i) Species of animals and birds to be quarantined; (ii) Ages of animals and birds to be quarantined; and (iii) Sizes of animals and birds to be quarantined. (4)(i) APHIS personnel at the Animal Import Center will determine, based on the information provided by the importer under paragraph (b)(3) of this section, and on routine husbandry needs, the maximum number of animals and birds permitted in the requested building. (ii) If APHIS personnel at the Animal Import Center determine the number of animals and birds requested by the importer can be housed in the space requested, but two animal health technicians cannot fulfill the routine husbandry needs of the number of animals or birds proposed by the importer, then the importer must either: (A) Pay for additional services on an hourly basis; or (B) Reduce the number of animals or birds to be quarantined to a number which APHIS personnel at the Animal Import Center determine can be handled by two animal health technicians. (iii) If the importer requests additional services, then APHIS will calculate the user fees for any service rendered by an APHIS representative at the hourly rate user fee found online at www.aphis.usda.gov/business-services/vs-fees. (iv) The importer must either provide feed or pay for it on an actual cost basis, including the cost of delivery to the APHIS owned or operated Animal Import Center or quarantine facility, for any animal or bird that requires a diet other than standard feed, including but not limited to diets of fruit, insects, nectar, or fish. (d) User fees for inspection of live animals at land border ports along the United States-Canada border. www.aphis.usda.gov/business-services/vs-fees. (e) User fees for pet birds. (2) If the importer requests additional services, then APHIS will calculate the user fees for those services at the hourly rate user fee found online at www.aphis.usda.gov/business-services/vs-fees (f) User fees for endorsing export certificates. www.aphis.usda.gov/business-services/vs-fees. 1 1 (2) If an export certificate covers more than one animal, but the number of tests required for different animals are not the same, the user fee for the certificate is the fee which would be due if all the animals on the certificate required the same number of tests as the animal which requires the greatest number of tests. (3) The user fees referenced in this section will not apply to an export health certificate if: (i) An APHIS veterinarian prepares the certificate for endorsement completely at the site of the inspection in the course of performing inspection or supervision services for the animals listed on the certificate; and (ii) An APHIS user fee is payable under § 130.4 for the inspection or supervision services performed by the veterinarian. (4) 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 part 97 of this chapter, must be paid for each service, in addition to the user fee listed in this section. (g) User fees for inspection services outside the United States. (2) Any person who wants APHIS to provide inspection services outside the United States must contact the Animal and Plant Health Inspection Service, Veterinary Services, Strategy and Policy, Live Animal Imports at [email protected] (3) All agreements for inspection services outside the United States must include: (i) Name, mailing address, and telephone number of either the person requesting the inspection services, or his or her agent; (ii) Explanation of inspection services to be provided, including the regulations in this chapter which provide for the services; (iii) Date(s) and time(s) the inspection services are to be provided; (iv) Location (including street address) where inspection services are to be provided; (v) An estimate of the actual cost, as calculated by APHIS, to provide the described inspection services for 6 months; (vi) A statement that APHIS agrees to provide the inspection services; (vii) A statement that the person requesting the inspection services, or, if appropriate, his or her agent, agrees to pay, at the time the agreement is entered into, a user fee equal to the estimated cost of providing the described inspection services for 6 months; and (viii) A statement that the person requesting the inspection services, or, if appropriate, his or her agent, agrees to maintain a user fee payment account equal to the cost of providing the described inspection services for 6 months, as calculated monthly by APHIS. (4) APHIS will enter into an agreement only if qualified personnel can be made available to provide the inspection services. (5) An agreement can be terminated by either party on 30 days written notice. (6) If, at the time an agreement is terminated, any unobligated funds remain in the user fee payment account, APHIS will refund the funds to the person who requested the inspection services, or his or her agent. (Approved by the Office of Management and Budget under control numbers 0579-0015, 0579-0020, 0579-0040, and 0579-0055) § 130.4 Hourly rate and minimum user fees. (a) Services subject to hourly rate user fees. www.aphis.usda.gov/business-services/vs-fees, (1) Providing services to live animals for import or entry at airports, ocean ports, and rail ports. (2) Conducting inspections, including inspections of laboratories and facilities (such as biosecurity level two facilities), required either to obtain import permits for animal products and byproducts, aquaculture products, or organisms or vectors, or to maintain compliance with import permits. This hourly rate does not apply to inspection and approval of import/export facilities and establishments. (3) Obtaining samples required to be tested, either to obtain import permits or to ensure compliance with import permits. (4) Providing services for imported birds or ratites that are not subject to quarantine, such as monitoring birds—including but not limited to pet birds—between flights. (5) Supervising the opening of in-bond shipments. (6) Providing services for in-bond or in-transit animals to exit the United States. (7) Inspecting an export isolation facility and the animals in it. (8) Supervising animal or bird rest periods prior to export. (9) Supervising loading and unloading of animals or birds for export shipment. (10) Inspecting means of conveyance used to export animals or birds. (11) Conducting inspections under part 156 of this chapter. (12) Inspecting and approving an artificial insemination center or a semen collection center or the animals in it. (13) Import or entry services for feeder animals including, but not limited to, feeder goats and feeder bison not covered by a flat rate user fee in connection with activities described in § 130.3(d). (14) Export-related bird banding for identification. (15) Export-related inspection and approval of pet food facilities, including laboratories that perform pet food testing. (16) Export-related services provided at animal auctions. (17) Various export-related facility inspections, including, but not limited to, fertilizer plants that utilize poultry waste, rendering plants, and potential embarkation facilities. (18) Providing other import-or export-related veterinary services for which no flat rate user fee is specified. (b) When do I pay an additional amount for employee(s) working overtime? www.aphis.usda.gov/business-services/vs-fees (Approved by the Office of Management and Budget under control numbers 0579-0015, 0579-0020, 0579-0040, and 0579-0055) § 130.5 Exemptions. (a) Veterinary diagnostics. (1) When veterinary diagnostic services are provided in connection with Federal programs to control or eradicate diseases or pests of livestock or poultry in the United States (program diseases); (2) When veterinary diagnostic services are provided in support of zoonotic disease surveillance when the Administrator has determined that there is a significant threat to human health; and (3) When veterinary diagnostic reagents are distributed within the United States for testing for foreign animal diseases. (b) [Reserved] § 130.6 Payment of user fees. (a) Who must pay APHIS user fees? (b) Associated charges Reservation fee. (2) Special handling expenses. (3) When do I pay an additional amount for employee(s) working overtime? (i) What additional amount do I pay if I receive a flat rate user fee service? (ii) What amount do I pay if I receive an hourly rate user fee service? Table 1 to Paragraph ( b i 1 2 Service provided Outside of the employee's Overtime rates by hour Nov. 2, 2015-Sept. 30, 2016 Oct. 1, 2016-Sept. 30, 2017 Beginning Rate for inspection, testing, certification or quarantine of animals, animal products or other commodities 3 Monday through Saturday and holidays $75 $75 $75 Sundays 99 99 100 Rate for commercial airline inspection services 4 Monday through Saturday and holidays 64 65 65 Sundays 85 86 86 1 2 3 4 (c) When are APHIS user fees due? Animal and bird quarantine and related tests. (2) Supervision and inspection services for export animals, animal products and byproducts. (3) Export health certificates. (4) Veterinary diagnostics. (5) Other user fee services. (d) What payment methods are acceptable? (1) Cash. (2) Checks. (3) Money orders. (4) Credit cards. TM TM § 130.7 Penalties for nonpayment or late payment. (a) Unpaid debt. (1) Subsequent user fee payments. (i) For unbilled fees, the user fee is unpaid 60 days after the date the pertinent regulatory provision indicates payment is due; (ii) For billed fees, the user fee is unpaid 60 days after date of bill; (iii) The person for whom the service is provided or the person requesting the service has not paid the late payment penalty or interest on any delinquent APHIS user fee; or (iv) Payment has been dishonored. (2) Resolution of difference between estimate and actual. (3) Prepayment form. (4) Denied service. (i) For unbilled fees, the user fee is unpaid 90 days after date the pertinent regulatory provision indicates payment is due; or (ii) For billed fees, the user fee is unpaid 90 days after date of bill; or (iii) The person for whom the service is provided or the person requesting the service has not paid the late payment penalty or interest on any delinquent APHIS user fee; or (iv) Payment has been dishonored. (b) Unpaid debt during service. (1) Animals or birds in quarantine. (2) Export health certificate. (3) Veterinary diagnostics. (c) Late payment penalty. (1) Unbilled user fees. (2) Billed user fees. (d) Dishonored payment penalties. (e) Debt collection management. (1) Taxpayer identification number. (2) Administrative offset. i.e., (3) Cross-servicing. (4) Report delinquent debt. (f) Animals or birds abandoned after quarantine at an animal import center. (1) Release of abandoned animals or birds from quarantine. (2) Seizure and disposal of abandoned animals or bird. (Approved by the Office of Management and Budget under control number 0579-0055)