cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
7 rows where part_number = 130 and title_number = 9 sorted by section_id
This data as json, CSV (advanced)
| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 9:9:1.0.1.6.61.0.83.1 | 9 | Animals and Animal Products | I | F | 130 | PART 130—USER FEES | § 130.1 Definitions. | APHIS | As used in this part, the following terms shall have the meaning set forth in this section. Administrator. The Administrator of the Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal. All animals except birds, but including poultry. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculture. Animal Import Center. Quarantine facilities operated by APHIS in Newburgh, New York, and Miami, Florida. APHIS representative. An individual, including, but not limited to, an animal health technician or veterinarian, authorized by the Administrator to perform the services for which the user fees in this part are charged. Bird. Any member of the class aves, other than poultry. Consumer price index. The measure of the average change over time in prices paid by urban consumers for a market basket of consumer goods and services, as determined by the Bureau of Labor Statistics annually. Cost of living. The adjusted annual rate used to determine the cost of maintaining a certain standard of living based on the economic assumptions in the Office of Management and Budget's Presidential Economic Assumptions. Diagnostic reagent. Substances used in diagnostic tests to detect disease agents or antibodies by causing an identifiable reaction. Direct operating costs. Costs attributed to travel and transportation for personnel; materials, supplies, and other necessary items; training; general office supplies; rent; facility maintenance; equipment purchase and maintenance; utilities; contractual services; and information system operations, maintenance, and development. Direct pay (including benefits). The wage labor costs (on board and in the hiring process), including benefits, for employees who specifically support and provide the required service. Equine. Any horse, ass, mule, or zebra. Export health certificate. An official document that, as required by the importing count… | ||||||
| 9:9:1.0.1.6.61.0.83.2 | 9 | Animals and Animal Products | I | F | 130 | PART 130—USER FEES | § 130.2 Basis for fees and rates. | APHIS | (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 fee… | ||||||
| 9:9:1.0.1.6.61.0.83.3 | 9 | Animals and Animal Products | I | F | 130 | PART 130—USER FEES | § 130.3 Operating details. | APHIS | (a) General standards. (1) User fee rates may be found online at www.aphis.usda.gov/business-services/vs-fees or by contacting LAIE@usda.gov. Changes in rates will be proposed annually in the following manner: (i) APHIS will propose changes to the fee rates found at www.aphis.usda.gov/business-services/vs-fees through publication of a notice in the Federal Register. The notice will provide information regarding the basis for any fee change and will take public comment. (ii) Following the comment period, APHIS will issue a subsequent notice in the Federal Register providing the final rates. The notice will respond to any comments received on the initial notice. (iii) When this subsequent notice is issued, APHIS will update the fee rates found at www.aphis.usda.gov/business-services/vs-fees accordingly. (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. (1) Each user fee is assessed per animal or bird quarantined by APHIS. Special requirements may be requested by the importer or required by an APHIS representative. Certain conditions or traits, such as pregnancy or aggression, may necessitate special requirements for certain birds or poultry. (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. (1) An importer may request to exclusively occupy a space at an APHIS animal import center. Any importer who occupies space for more than 30 days must pay 1/30th of the 30-day… | ||||||
| 9:9:1.0.1.6.61.0.83.4 | 9 | Animals and Animal Products | I | F | 130 | PART 130—USER FEES | § 130.4 Hourly rate and minimum user fees. | APHIS | (a) Services subject to hourly rate user fees. User fees for import- or export-related veterinary services listed in paragraphs (a)(1) through (18) of this section, except those services covered by flat rate user fees, will be calculated at the hourly rate found online at www.aphis.usda.gov/business-services/vs-fees, for each employee required to perform the service. The person for whom the service is provided and the person requesting the service are jointly and severally liable for payment of these user fees in accordance with §§ 130.6 and 130.7. (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 an… | ||||||
| 9:9:1.0.1.6.61.0.83.5 | 9 | Animals and Animal Products | I | F | 130 | PART 130—USER FEES | § 130.5 Exemptions. | APHIS | (a) Veterinary diagnostics. APHIS will not charge user fees for veterinary diagnostic services under the following conditions: (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] | ||||||
| 9:9:1.0.1.6.61.0.83.6 | 9 | Animals and Animal Products | I | F | 130 | PART 130—USER FEES | § 130.6 Payment of user fees. | APHIS | (a) Who must pay APHIS user fees? Any person for whom a service is provided related to the importation, entry, or exportation of an animal, article, or means of conveyance or related to veterinary diagnostics, and any person requesting such service, shall be jointly and severally liable for payment of fees assessed. (b) Associated charges —(1) Reservation fee. Any reservation fee paid by an importer under part 93 of this chapter will be applied to the APHIS user fees described in § 130.3(b) and (c) for animals or birds quarantined in an animal import center. (2) Special handling expenses. The user fees in this part do not include any costs that may be incurred due to special mail handling, including, but not limited to, express, overnight, or foreign mailing. If any service requires special mail handling, the user must pay all costs incurred, in addition to the user fee for the service. (3) When do I pay an additional amount for employee(s) working overtime? You must pay an additional amount if you need an APHIS employee to work on a Sunday, on a holiday, or at any time outside the normal tour of duty of that employee. You pay the amount specified in this paragraph (b)(3) as relevant, for each employee needed to get the work done. (i) What additional amount do I pay if I receive a flat rate user fee service? In addition to the flat rate user fee(s), you pay the overtime rate listed in Table 1 of this section for each employee needed to get the work done: (ii) What amount do I pay if I receive an hourly rate user fee service? Instead of paying the normal hourly rate user fee described in § 130.4(a), you pay the premium rate described in § 130.4(b) for each employee needed to get the work done: Table 1 to Paragraph ( b )(3)( i )—Overtime for Flat Rate User Fees 1 2 1 APHIS will charge a minimum charge of 2 hours, unless performed on the employee's regular workday and performed in direct continuation of the regular workday or begun within an hour of the regular workday. 2 When the 2-hour mini… | ||||||
| 9:9:1.0.1.6.61.0.83.7 | 9 | Animals and Animal Products | I | F | 130 | PART 130—USER FEES | § 130.7 Penalties for nonpayment or late payment. | APHIS | (a) Unpaid debt. If any person for whom the service is provided fails to pay when due any debt to APHIS, including any user fee due under 7 CFR chapter III or this chapter, then: (1) Subsequent user fee payments. Payment must be made for subsequent user fees before the service is provided if: (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. APHIS will estimate the user fee to be paid; any difference between the estimate and the actual amount owed to APHIS will be resolved as soon as reasonably possible following the delivery of the service, with APHIS returning any excess to the payor or billing the payor for the additional amount due. (3) Prepayment form. The prepayment must be in guaranteed form, such as money order, certified check, or cash. Prepayment in guaranteed form will continue until the debtor pays the delinquent debt. (4) Denied service. Service will be denied until the debt is paid if: (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. If APHIS is in the process of providing a service for which an APHIS user fee is due, and the user has not paid the fee within the time required, or if the payment offered by the user is inadequate or unacceptable, then APHIS will take the follow… |
Advanced export
JSON shape: default, array, newline-delimited, object
CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);