Agricultural Inspection and AQI User Fees Along the U.S./Canada Border

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USDA/APHIS RIN: 0579-AC06 Publication ID: Fall 2009
Title: Agricultural Inspection and AQI User Fees Along the U.S./Canada Border
Abstract: This action amended the foreign quarantine and user fee regulations by removing the exemptions from inspection for fruits and vegetables grown in Canada and the exemptions from user fees for commercial vessels, commercial trucks, commercial railroad cars, commercial aircraft, and international air passengers entering the United States from Canada. As a result of this action, all agricultural products imported from Canada are subject to inspection, and commercial conveyances, as well as airline passengers arriving on flights from Canada, will be subject to inspection and user fees. We took this action in part because we were not recovering the costs of our inspection activities at the U.S./Canada border. In addition, our data showed an increasing number of interceptions on the U.S./Canada border of prohibited material that originated in regions other than Canada that presents a high risk of introducing plant pests or animal diseases into the United States. These findings, combined with additional Canadian airport preclearance data on interceptions of ineligible agricultural products approaching the U.S. border from Canada, strongly indicated that we needed to expand and strengthen our pest exclusion and smuggling interdiction efforts at that border. In order to do this and to recover the costs of our existing inspection activity, we need to collect user fees from commercial conveyances and international air passengers entering the United States from Canada.
Agency: Department of Agriculture(USDA) Priority: Other Significant
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage
Major: No Unfunded Mandates: No
CFR Citation: 7 CFR 319; 7 CFR 354 (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 7 USC 450; 7 USC 7701 to 7772; 7 USC 7781 to 7786; 7 USC 8301 to 8317; 21 USC 136 and 136a; 49 USC 80503
Legal Deadline: None
Timetable:
Action Date FR Cite
Interim Final Rule 08/25/2006 71 FR 50320
Interim Final Rule Comment Period End 11/24/2006
Interim Final Rule Effective 11/24/2006
Delay of Effective Date 11/22/2006 71 FR 67436
Delay of Effective Date 02/26/2007 72 FR 8261
Final Action 12/00/2009
Additional Information: Additional information about APHIS and its programs is available on the Internet at http://www.aphis.usda.gov.
Regulatory Flexibility Analysis Required: Yes Government Levels Affected: Federal
Small Entities Affected: Businesses, Governmental Jurisdictions Federalism: No
Included in the Regulatory Plan: No
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: Yes
Agency Contact:
Cynthia Stahl
Senior Staff Officer, Quarantine Policy, Analysis, and Support, PPQ
Department of Agriculture
Animal and Plant Health Inspection Service
4700 River Road, Unit 60,
Riverdale, MD 20737
Phone:301 734-8415