PART 97—OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS Authority: 7 U.S.C. 8301-8317; 49 U.S.C. 80503; 7 CFR 2.22, 2.80, and 371.4. § 97.1 Overtime work at laboratories, border ports, ocean ports, and airports. 1 1 (a) Any person, firm, or corporation having ownership, custody, or control of animals, animal byproducts, or other commodities or articles subject to inspection, laboratory testing, certification, or quarantine under this subchapter and subchapter G of this chapter, and who requires the services of an employee of the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection on a Sunday or holiday, or at any other time outside the regular tour of duty of the employee, shall sufficiently in advance of the period of Sunday, holiday, or overtime service request the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection inspector in charge to furnish the service and shall pay the Government at the rate listed in the following table, except as provided in paragraphs (a)(1), (a)(2), (a)(3), and (a)(4) of this section: Overtime for Inspection, Laboratory Testing, Certification, or Quarantine of Plant, Plant Products, Animals, Animal Products or Other Regulated Commodities Outside the employee's normal tour of duty Overtime rates (per hour) Nov. 2, 2015-Sept. 30, 2016 Oct. 1, 2016-Sept. 30, 2017 Beginning Monday through Saturday and holidays $75 $75 $75 Sundays 99 99 100 (1) For any services performed on a Sunday or holiday, or at any time after 5 p.m. or before 8 a.m. on a weekday, in connection with the arrival in or departure from the United States of a private aircraft or private vessel, the total amount payable shall not exceed $25 for all inspection services performed by the U.S. Customs and Border Protection , Public Health Service, and the Department of Agriculture; (2) Owners and operators of aircraft will be provided service without reimbursement during regularly established hours of service on a Sunday or holiday; and (3) The overtime rate to be charged owners or operators of aircraft at airports of entry or other places of inspection as a consequence of the operation of the aircraft, for work performed outside of the regularly established hours of service is listed in the following table: Overtime for Commercial Airline Inspection Services 1 Outside the employee's normal tour of duty Overtime rates (per hour) Nov. 2, 2015-Sept. 30, 2016 Oct. 1, 2016-Sept. 30, 2017 Beginning Monday through Saturday and holidays $64 $65 $65 Sundays 85 86 86 1 (4) The overtime rate and all other charges, including minimum and commute compensation charges, to be billed for services provided by an employee of U.S. Customs and Border Protection shall be charged according to the provisions of this section, 5 CFR part 551, or 19 CFR 24.16. (b) A minimum charge of 2 hours shall be made for any Sunday or holiday or unscheduled overtime duty performed by an employee on a day when no work was scheduled for him or her, or which is performed by an employee on his or her regular workday beginning either at least 1 hour before his or her scheduled tour of duty or which is not in direct continuation of the employee's regular tour of duty. In addition, each such period of Sunday or holiday or unscheduled overtime work to which the 2-hour minimum charge applies may include a commuted traveltime period (CTT) the amount of which shall be prescribed in administrative instructions to be issued by the Administrator, Animal and Plant Health Inspection Service or U.S. Customs and Border Protection for the areas in which the Sunday or holiday or overtime work is performed and such period shall be established as nearly as may be practicable to cover the time necessarily spent in reporting to and returning from the place at which the employee performs such Sunday, holiday or overtime duty. With respect to places of duty within the metropolitan area of the employee's headquarters, such CTT period shall not exceed 3 hours. It shall be administratively determined from time to time which days constitute holidays. The circumstances under which such CTT periods shall be charged and the percentage applicable in each circumstance are as reflected in the following table: Actual time 1 2-hour guarantee charge Commuted 2 Charges for Inspection Within Metropolitan Area of Employee's Headquarters Work beginning before daily tour begins: 8 to 59 minutes Yes No None. 60 to 119 minutes Yes 1 2 120 minutes or more Yes Full CTT. Work beginning after daily tour ends: Direct continuation Yes No None. Break-in-service of: 2-29 minutes Yes None. 30-60 minutes Yes 1 2 61 minutes or more Yes Full CTT. Charges for Inspection Services Performed Outside Metropolitan Area of Employee's Headquarters Work beginning before daily tour begins: 8 to 59 minutes Yes No 1 2 60 minutes or more Yes Full CTT. Work beginning after daily tour ends: Direct continuations Yes No 1 2 2-59 minutes No Yes 1 2 60 minutes or more No Yes Full CTT. Charges for Call Out Inspection Service on Holiday or Nonworkday Work beginning at any time No Yes Full CTT. 1 2 1 2 (c) As used in this section— (1) The term private aircraft (2) The term private vessel (d)(1) Any principal, or any person, firm, partnership, corporation, or other legal entity acting as an agent or broker by requesting Sunday, holiday, or overtime services of an Animal and Plant Health Inspection Service or U.S. Customs and Border Protection inspector on behalf of any other person, firm, partnership, corporation, or other legal entity (principal), and who has not previously requested such service from an Animal and Plant Health Inspection Service inspector, must pay the inspector before service is provided. (2) Since the payment must be collected before service can be provided, the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection inspector will estimate the amount to be paid. Any difference between the inspector's estimate and the actual amount owed to the Animal and Plant Health Inspection Service will be resolved as soon as reasonably possible following the delivery of service, with the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection either returning the difference to the agent, broker, or principal, or billing the agent, broker, or principal for the difference. (3) The prepayment must be in some guaranteed form, such as money order, certified check, or cash. Prepayment in guaranteed form will continue until the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection determines that the agent, broker, or principal has established an acceptable credit history. (4) For security reasons, cash payments will be accepted only from 7 a.m. to 5 p.m., and only at a location designated by the Animal and Plant Health Inspection Service inspector or U.S. Customs and Border Protection. (e)(1) Any principal, or any person, firm, partnership, corporation, or other legal entity requesting Sunday, holiday, or overtime services of an Animal and Plant Health Inspection Service inspector, and who has a debt to the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection more than 60 days delinquent, must pay the inspector before service is provided. (2) Since the payment must be collected before service can be provided, the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection inspector will estimate the amount to be paid. Any difference between the inspector's estimate and the actual amount owed to the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection will be resolved as soon as reasonably possible following the delivery of service, with the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection either returning the difference to the agent, broker, or principal, or billing the agent, broker, or principal for the difference. (3) The prepayment must be in some guaranteed form, such as money order, certified check, or cash. Prepayment in guaranteed form will continue until the debtor pays the delinquent debt. (4) For security reasons, cash payments will be accepted only from 7 a.m. to 5 p.m., and only at a location designated by the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection inspector. (f) Reimbursable Sunday, holiday, or overtime services will be denied to any principal, or any person, firm, partnership, corporation, or other legal entity who has a debt to the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection more than 90 days delinquent. Services will be denied until the delinquent debt is paid. [38 FR 28814, Oct. 17, 1973] Editorial Note: For Federal Register www.govinfo.gov. § 97.2 Administrative instructions prescribing commuted traveltime. Each period of overtime and holiday duty as prescribed in § 97.1 shall in addition include a commuted traveltime period for the respective ports, stations, and areas in which employees are located. The prescribed computed traveltime periods are as follows: Commuted Traveltime Allowances [In hours] Location covered Served from Metropolitan Area Within Outside Alaska: Anchorage 1 Do Palmer 3 Arizona: Douglas 1 Do Nogales 6 Do Phoenix 6 Do Sierra Vista 3 Naco Douglas 2 Do Nogales 4 Do Phoenix 6 Do Sierra Vista 2 Nogales 1 Do Douglas 6 Do Phoenix 6 Do Sierra Vista 3 San Luis Phoenix 6 Do Yuma 2 Sasabe Douglas 6 Do Nogales 4 Do Phoenix 6 Do Sierra Vista 6 Do Tuscon 3 California: Calexico San Ysidro 6 Edwards Air Force Base Los Angeles 4 Los Angeles and Los Angeles International Airport San Bernardino 5 Do Los Angeles 2 Los Angeles Harbor, San Pedro, including Long Beach, Wilmington, and Terminal Island Los Angeles 2 March Field ......do 5 Mexicali Calexico 1 Newport Beach ......do 4 Ontario ......do 3 Ramona San Ysidro 2 Sacramento ...... 1 Do San Francisco 5 San Diego ....... 1 Do San Ysidro 2 San Francisco including, Alameda, Richmond, Pittsburg, and other ports in San Francisco and San Pablo Bay areas 2 San Louis Obispo San Pedro 6 San Ysidro ....... 1 Stockton San Francisco 4 Colorado: Stapleton International Airport, Denver Arvada 1 Do Aurora 2 Connecticut: Bradley International Airport Westerly, RI 5 Do Willington 1 Bradley International Airport, Windsor Locks Ashford 1 Do Hartford 2 Do N. Stonington, CT 4 Do Waterbury, CT 3 Delaware: Wilmington Dover 3 Florida: Jacksonville 2 Miami 2 Port Everglades Miami 2 St. Petersburg Tampa 2 Do Miami 6 Tampa 2 Do Miami 6 Georgia: Atlanta International Airport Acworth 3 Do Carrollton 3 Do Covington 3 Do Forsyth 3 Port of Brunswick Savannah 4 Port of Savannah ......do 2 Port of St. Mary's ......do 6 Hawaii: Kawaihae Waimea 1 Hilo ......do 3 Honolulu, including Aiea, Barber's Point Naval Air Station, Honolulu International Airport, West Loch, Middle Loch, East Loch, Pearl City and Waipahu 2 Idaho: Boise Caldwell or Middleton 2 Eastport Bonners Ferry 2 Do Spokane, WA 6 Illinois: Chicago 3 Do Geneseo 6 Do Kirkland 4 Springfield 2 Indiana: Indianapolis 1 Do Anderson 2 Do West Lafayette 3 Iowa: Ames 1 Kentucky: Standiford Field Frankfort 3 Do Louisville 1 Louisiana: Acadian Regional Airport, New Iberia Abbeville 2 Any point below Chalmette and on the East Bank, Belle Chasse, LA, and points to and including Port Sulphur on the west bank Baton Rouge 4 Any point on the Mississippi River above the St. Charles-Jefferson Parish boundary to and including Gramercy ......do 2 Morgan City ......do 5 New Orleans including Orleans Parish and all points on the east bank of the Mississippi River from the St. Charles-Jefferson Parish boundary to and including Chalmette, LA, and all points on the west bank from the St. Charles-Jefferson Parish boundary to but excluding Belle Chasse, LA ......do 4 Undesignated ports ......do 3 Maine: Bangor Augusta 3 Do Newport 1 Houlton 1 Jackman Augusta 6 Do Bangor 5 Do Newport 5 Port of Portland Augusta 3 Do Bangor 6 Do Concord, NH 4 Maryland: Baltimore: 3 Largo Bowie 2 Do Owings Mills 3 Do Easton 4 Laurel Bowie 2 Do Owings Mills 3 Do Easton 4 Massachusetts: Boston 3 Do Grafton 4 Do Loudon, NH 5 Do N. Attleboro 4 Do Westerly, RI 4 Mexico: Ciudad Acuna Del Rio, TX 1 1 2 Do Eagle Pass, TX 3 Do Laredo, TX 6 Do Pleasanton, TX 6 Juarez El Paso, TX 1 Nuevo Laredo Del Rio, TX 4 Do Eagle Pass, TX 5 Do Laredo, TX 1 1 2 Do Pharr, TX 6 Do Pleasanton, TX 5 Ojinaga El Paso, TX 6 Do Presidio, TX 1 Piedras Negras Eagle Pass, TX 1 Do Laredo, TX 5 Do Pharr, TX 10 Do Pleasanton, TX 5 Reynosa (Pharr International Bridge) Eagle Pass, TX 12 Do Hidalgo, TX 1 Do Laredo, TX 5 Do Mission, TX 1 Do Pharr, TX 1 San Jeronimo El Paso, TX 2 Do Presidio, TX 6 Do Santa Theresa, NM 1 Michigan: Detroit 3 Do Beaverton 6 Do Chelsea 3 Do Clara 6 Do Kalamazoo 5 Do Lansing 4 Do Port Huran 4 Port Huron 1 Do Beaverton 6 Do Chelsea 6 Do Clara 6 Do Detroit 3 Do Lansing 5 Do Kalamazoo 6 Minnesota: Minneapolis/St. Paul International Airport 2 Do Rochester 3 Do Princeton 3 Noyes Pembina 1 Missouri: Kansas City International Airport Jefferson 6 St. Louis Airport Beaufort 3 St. Louis Zoological Park ......do 3 Montana: Bozeman 1 Bozeman Laboratory Bozeman 1 Great Falls Airport Great Falls 1 Do Helena 5 Helena 1 Port of Opheim Plentywood 5 Do Opheim 1 Port of Raymond Plentywood 1 Do Raymond 1 Port of Sweetgrass Great Falls 5 Do Shelby 2 Do Sunburst/Sweetgrass 1 Sweetgrass 1 Nebraska: Lincoln Airport 1 New Jersey: Newark International Airport Hightstown 2 Do Mount Holly 3 Do Princeton 2 Port of Salem Hightstown 3 1 2 Do Mount Holly 3 Do Princeton 4 New Mexico: Columbus 1 Do Las Cruces 4 Port of Columbus Deming 2 New York: Alexandria Bay 1 Buffalo 2 Do Akron 2 Champlain 1 Do Highgate Springs, VT 2 Do Milton, VT 3 Do Calais, VT 5 Malone Champlain 3 Newburgh 1 Do New York, NY 4 New York 3 Niagara Falls Akron 2 Odgensburg 1 Port of Albany 1 Rochester Buffalo 4 Rooseveltown Odgensburg 2 Rouses Point Champlain 1 Stewart Airport, Newburgh Albany 4 North Carolina: Iredell Franklin 6 Do Lumberton 6 Do Raleigh 6 North Dakota: Dunseith Minot 4 Do Pembina 6 Minot 1 Peace Gardens Bottineau 1 Pembina 1 Do Fargo 6 Do Valley City 6 Portal 1 Do Bismarck 6 Do Dickinson 6 Do Minot 4 Ohio: Vandalia Dayton International Airport Greenville 2 Do Pickerington 3 Wilmington Greenville 4 Do Pickerington 3 Oregon: Hermiston Troutdale 6 Portland Salem 3 Do Sunny Valley 6 Do Tigard 2 Do Troutdale 2 Pennsylvania: Harrisburg Camp Hill 1 Do Morgantown 3 Do Northumberland 2 Do Shippensburg 3 Philadelphia 3 Puerto Rico: Aquadilla Aquadilla 2 Salinas San Juan 4 San Juan 2 Tennessee: Fort Campbell, Clarkesville Nashville 2 Memphis 2 Memphis Gadsden 4 Memphis Jackson 4 Nashville 2 Texas: Brownsville 1 Do Laredo or San Antonio 6 Brownsville and Brownsville International Airport Harlingen and San Benito 1 Do McAllen or Edinburg 3 Do Weslaco 2 Dallas-Fort Worth International Airport Decatur 2 Do Ft. Worth or Dallas 2 Del Rio 1 Do Eagle Pass 3 Do Edinburg, McAllen or Mission 6 Do Laredo or San Antonio 5 Eagle Pass 1 Do Del Rio 3 Do Edinburgh, McAllen or Mission 6 Do Laredo or San Antonio 5 El Paso 1 Do Hatchita or Deming, NM 6 Do Las Cruces, NM 3 Forney Corsicana 3 Do Ft. Worth 3 Do Tyler 3 Harlingen Edinburg, McAllen or Mission 2 Do Weslaco 1 Hidalgo Brownsville 3 Do Edinburg, Mission and McAllen 1 Do Harlingen 2 Do Lyford 2 Do Rio Grande City 2 Houston (including Houston Intercontinental Airport) 2 Do Bellville, TX 4 Do Bryan, TX 4 Do Georgetown, TX 8 Do Pleasanton, TX 8 Laredo 1 Do Brownsville or San Antonio 6 Do Eagle Pass 5 Do McAllen, Edinburg or Mission 6 Presidio 1 Do El Paso 6 Utah: Salt Lake City Murray and Ogden 2 Vermont: Burlington International Airport Burlington 1 Do Milton 1 Do Calais 3 Derby Line Milton 4 Do Calais 4 Highgate 1 Do Milton 2 Do Calais 4 Highgate Springs ......do 1 Virginia: Dulles International Airport Annapolis, MD 3 Do Richmond 5 Do Warrenton 3 Port of Richmond 2 Washington: Blaine 1 Do Seattle 6 Lynden Blaine 2 Do Seattle 6 Moses Lake Oroville, WA 6 Do Spokane 5 Do Wenatchee 3 Do Yakima 4 Oroville 1 Sea-Tac Airport Olympia 3 Seattle 2 Sumas Blaine 2 Do Olympia 6 Do Seattle 6 Tacoma ......do 3 Yelm Olympia 2 Do Seattle 3 Wisconsin: Barron Ripon 6 Madison 1 Monroe Madison 3 [39 FR 41356, Nov. 27, 1974] Editorial Note: For Federal Register www.govinfo.gov.