Fee Increases for Overtime Services, 59561-59568 [2015-25101]

Agencies

• DEPARTMENT OF AGRICULTURE
• Animal and Plant Health Inspection Service

[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Rules and Regulations]
[Pages 59561-59568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25101]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 354

9 CFR Parts 97 and 130

[Docket No. APHIS-2009-0047]


Fee Increases for Overtime Services

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are changing the hourly rates charged for Sundays, 
holidays, or other overtime work performed by employees of the Animal 
and Plant Health Inspection Service (APHIS) for any person, firm, or 
corporation having ownership, custody, or control of regulated 
commodities or articles subject to agricultural inspection, laboratory 
testing, certification, or quarantine under the regulations. We are 
increasing these overtime rates for each of the fiscal years 2016 
through 2018 to reflect the anticipated costs associated with providing 
these services during each year. Establishing the overtime rate changes 
in advance will allow users of APHIS' services to incorporate the rates 
into their budget planning. We are also clarifying the regulations to 
indicate that agricultural inspections performed by the Department of 
Homeland Security (DHS) may be billed in accordance with DHS overtime 
regulations for services performed outside of regular business hours, 
as DHS rates may differ from those charged by APHIS.

DATES: Effective November 2, 2015.

FOR FURTHER INFORMATION CONTACT: For information concerning Plant 
Protection and Quarantine program operations, contact Ms. Diane L. 
Schuble, AQI User Fee Coordinator, Office of the Executive Director-
Policy Management, PPQ, APHIS, 4700 River Road Unit 131, Riverdale, MD 
20737-1231; (301) 851-2338.
    For information concerning Veterinary Services program operations, 
contact Ms. Carol Tuszynski, Director, Planning, Finance, and Strategy 
Staff, Program Support Services, VS, APHIS,

[[Page 59562]]

4700 River Road Unit 58, Riverdale, MD 20737-1231; (301) 851-3463.
    For information concerning APHIS overtime fee development, contact 
Ms. Adelaide Feukam, Auditor, Review and Analysis, Financial Management 
Division, MRPBS, APHIS, 4700 River Road Unit 55, Riverdale, MD 20737; 
(301) 851-2601.
    For information concerning DHS overtime fees, contact Mrs. Kara 
Welty, Chief, Debt Management Branch, Indianapolis, CBP, DHS, 6650 
Telecom Drive Suite 100, Indianapolis, IN 46278-2010; (317) 614-4614.

SUPPLEMENTARY INFORMATION: 

Background

    The regulations in 7 CFR chapter III and 9 CFR chapter I, 
subchapters D and G, require inspection, laboratory testing, 
certification, or quarantine of certain animals, poultry, animal 
byproducts, germ plasm, organisms, vectors, plants, plant products, or 
other regulated commodities or articles intended for importation into, 
or exportation from, the United States. With some exceptions, which are 
explained below, when these services must be provided by an Animal and 
Plant Health Inspection Service (APHIS) employee on a Sunday or on a 
holiday, or at any other time outside the APHIS employee's regular duty 
hours, the Government charges an hourly overtime fee for the services 
in accordance with 7 CFR part 354 and 9 CFR part 97.
    Based on changes to the costs associated with providing 
agricultural inspection, laboratory testing, certification, and 
quarantine services, we determined that adjustments to the overtime 
rates in 7 CFR part 354 and 9 CFR part 97 were necessary in order for 
APHIS to recover the full cost of providing these services. Therefore, 
we proposed to set hourly overtime rates for inspection, laboratory 
testing, certification, and quarantine services provided outside of an 
employee's normal tour of duty for fiscal years (FYs) 2014 through 
2018. Our proposal was published in the Federal Register on April 25, 
2014 (79 FR 22887-22895, Docket No. APHIS-2009-0047).\1\ The proposed 
overtime rates were based on our costs of providing the services, 
including direct labor costs, area delivery costs, billing and 
collection costs, program direction and support costs, agency/
management support costs, central/departmental changes, and a reserve 
component, plus adjustments for inflation and anticipated annual 
increases in the salaries of employees who provide the services.
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    \1\ To view the proposed rule and the comments we received, go 
to https://www.regulations.gov/#!docketDetail;D=APHIS-2009-0047.
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    We also proposed to include language in 7 CFR 354.1, 9 CFR 97.1, 
and 9 CFR 130.50 to clarify and inform the public that any agricultural 
inspection performed by an employee of the Department of Homeland 
Security (DHS) Bureau of Customs and Border Protection (CBP) on a 
Sunday, holiday, or anytime outside of the employee's normal tour of 
duty may be billed in accordance with the regulations in 5 CFR part 
551, 7 CFR 354.1, 9 CFR 97.1, 9 CFR 130.50, or 19 CFR 24.16. Such 
billing is necessary because the costs associated with the DHS 
agricultural inspections and incurred by DHS may differ from those 
incurred by APHIS. Therefore, varying overtime charges may apply in 
such circumstances in order for DHS to properly recover their costs and 
adequately fund their program operations.
    We solicited comments concerning our proposal for 60 days ending 
June 24, 2014. We received 43 comments by that date. They were from 
producers, importers, industry groups, and private individuals. Two 
were supportive of the proposed action. The remainder are discussed 
below by topic.

Comments on Rate Calculation Methodology

    As previously stated, we proposed to establish the hourly overtime 
rates for FY 2014 through FY 2018. We note that, as FYs 2014 and 2015 
have ended, the overtime rates covered by this final rule are now only 
for FYs 2016 through 2018. The FY 2016 rates will become effective 30 
days after the date of publication of this final rule; the FY 2017 and 
FY 2018 rates would become effective on the first day of each of the 
fiscal years, and the FY 2018 rates would remain in effect until new 
rates were established.
    One commenter stated that our aim of seeking set rates for 
anticipated costs over a 5 year period is too speculative and far too 
difficult to predict with accuracy. The commenter suggested that APHIS 
use a 5 year projection as a planning tool only and constrain specific 
overtime cost increases to a shorter timeframe.
    We disagree with the commenter's assessment. Based on our 
experience with past overtime fee increases, information regarding such 
increases that covers a longer timeframe allows users of APHIS' 
services to incorporate the rates into their budget planning. In 
addition, we arrive at our projected figures using those gross domestic 
product (GDP) figures provided by the Office of Management and Budget 
(OMB) in the Presidential budget, which is the Government standard for 
such fees and is not subject to rate instability. Moreover, as 
explained above, the actual timeframe of this rule will be based on a 
shorter 3 year period since it will only apply to FYs 2016 through 
2018.
    The commenter went on to assert that our calculations should 
address not only the cost of providing overtime service, but also 
specify what steps are being taken to reduce costs to the Agency and 
thereby also reduce customer costs.
    While the main cost driver of reimbursable overtime is the cost of 
salaries and benefits, APHIS has taken steps in recent years to achieve 
efficiencies as part of United States Department of Agriculture's 
(USDA) Blueprint for Stronger Service.\2\ For example, APHIS 
centralized certain services such as information technology, customer 
service support, telecommunications, and vehicle inventory while also 
enacting additional controls on purchases. APHIS continues to look for 
opportunities to reduce operating costs where possible while 
maintaining the level of services needed to carry out our mission of 
safeguarding U.S. agriculture.
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    \2\ Information on this initiative is available on the Internet 
at https://www.usda.gov/wps/portal/usda/usdahome?contentidonly=true&contentid=blueprint_for_stronger_service.html.
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    We calculated our overtime rates to cover the full cost of 
providing inspection, testing, certification, or quarantine services at 
laboratories, border ports, ocean ports, rail ports, quarantine 
facilities, and airports outside of the normal tour of duty of the 
employee providing these services. The cost of providing these services 
includes direct and indirect costs. The direct costs are an employee's 
salary and specific benefits, which are APHIS' payment of the hospital 
insurance tax and its contribution to the Federal Insurance 
Contribution Act (FICA), and the Agency's costs for work performed at 
night. The indirect costs are area delivery costs, billing and 
collection costs, program direction and support costs, central/
departmental charges, and unfunded leave costs.
    A number of commenters observed that, in the calculation of 
overtime rates, only the variable cost of providing the additional 
service outside of regular business hours should be included in the 
assessment of the overall cost. Specifically, the commenters stated 
that there is no justification for the inclusion of most of the 
components identified in

[[Page 59563]]

area delivery, imputed costs, agency level program delivery, agency 
level administrative support, and central/departmental charges.
    We followed Federal guidance related to fee setting and managerial 
cost accounting in determining program costs. Specifically, we followed 
OMB Circular A-25: User Charges, which provides guidance on setting 
fees in the Federal Government, and SFAS No. 4, which includes, among 
other things, a definition of full cost. OMB Circular A-25, which may 
be viewed at https://www.whitehouse.gov/omb/circulars_default, 
establishes the requirement that fees be set at full cost to the 
Government, and provides a definition and examples for full cost. OMB 
Circular A-25 very specifically defines full cost to include the costs 
referenced by the commenters.
    Another commenter asked to review APHIS's full revenue-costs 
statements as well as the full economic impact assessment. The 
commenter stated that the information was not included with the 
proposed rule.
    Our full calculation of all aspects of overtime fees, starting with 
direct labor costs and including all indirect costs and overhead 
elements, was included in the proposed rule, which is available for 
public review on the Internet at: https://www.regulations.gov/#!docketDetail;D=APHIS-2009-0047. The regulatory impact analysis and 
initial regulatory flexibility analysis were also made available on 
Regulations.gov along with the proposed rule as part of the rule's 
supporting documents. We maintain that this level of detail provides 
the highest degree of transparency and supports the required increase 
needed in our rates.
    As detailed above, APHIS calculates its overtime fees based on a 
variety of sources apart from employee salary considerations. Per OMB 
Circular A-25, the overtime program is a full cost recovery program, 
which includes the direct and indirect costs outlined previously.
    One commenter stated that APHIS should reconsider its cost 
estimates since the initial impetus for the proposed rule was work done 
in 2010 at the height of the financial crisis. The commenter went on to 
say that, since that time, the rate of importation and export has 
increased significantly, which would increase Agency funds that might 
be used to cover these costs instead.
    We disagree with the commenter's assessment. While there are other 
components involved, much of the cost of overtime inspection is made up 
of inspector salaries. The APHIS budget provides funding for inspectors 
working within business hours, Monday through Friday, except holidays. 
Any work performed outside that timeframe is, by definition, additional 
and irregular. As detailed in OMB Circular A-25, Federal agencies are 
charged to recoup their costs in such instances via the assessment of 
overtime fees. Any additional funds that APHIS (or DHS for that matter) 
may receive via any increases in trade would remain in the accounts 
used by the specific Agency and programs that provide the services and 
incur the costs.

Comments on Billing Procedures

    Two commenters stated that most, if not all, of the ports require 
that overtime be requested and paid for in a minimum of 4-hour blocks 
regardless of whether those 4 hours are needed or used. The commenters 
suggested that APHIS change its overtime billing policy so that 
importers would only be charged for the time required to conduct the 
requested inspection. The commenters also suggested that, if an 
inspector is called for overtime work in the 4 hour block described 
above and the whole of that time is not used, that inspector should 
then remain onsite for the remainder of the 4 hour time period in order 
to deal with any other vessels or cargoes that may arrive and require 
immediate inspection.
    In Sec.  354.1, paragraph (a)(2) states that a minimum charge of 2 
hours will be made for inspection services performed by an APHIS 
employee outside of his or her normal tour of duty on Saturdays, 
holidays, weekdays, or Sundays. In addition, overtime fees may include 
a commuted traveltime period (CTT), which is established by APHIS to 
cover the time an employee spends reporting to and returning from the 
place where the requested overtime duties are performed.\3\ We believe 
the 4-hour minimum cited by the commenters includes the minimum 
overtime work time of 2 hours in addition to 2 hours of CTT. Although 
CTT ranges from 1 to 12 hours, 2 hours is the allotted CTT at many of 
our busiest ports. Regarding the commenters' second point concerning 
inspectors remaining onsite to perform other unexpected inspection; an 
arrangement of this nature is not precluded by the regulations. 
However, APHIS leaves such administrative details to the knowledge and 
discretion of the individual ports. The actual management of staffs, 
inspectors, hours, staffing for arrival, and identification of risk and 
needs varies from port to port and is best handled by port directors 
equipped with the detailed information necessary to make daily staffing 
decisions.
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    \3\ A full listing of CTT periods may be found in Sec.  354.2 of 
the regulations.
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    Two commenters observed that, in many instances, vessels and 
cargoes are ready for inspection during normal business hours only to 
find that DHS inspectors are not available due to the volume of 
inspections required for other vessels. The commenters stated that 
users should not be made to pay for services rendered in overtime 
periods that could have been conducted during normal business hours had 
sufficient personnel been available.
    We have considered the commenters' point and have received detailed 
information from DHS regarding their staffing policies at the ports. 
Overall, DHS employs a rigorous, data-driven methodology to identify 
staffing requirements. It is composed of multiple elements--some fixed, 
others variable--that may be adjusted according to changing priorities, 
risks, and threats. In early 2014, a risk-based Agriculture Resource 
Allocation Model was finalized, which will serve as an important 
component of DHS's methodology. The Agriculture Resource Allocation 
Model will more accurately calculate the number of agricultural 
inspectors required to efficiently handle workflow at the ports. DHS 
will integrate the results of the Agriculture Resource Allocation Model 
into its existing methodology in order to provide a more holistic view 
of DHS's staffing requirements. Generally speaking, APHIS and DHS 
staffing decisions for agricultural inspections are continuously being 
reformulated based on changing conditions so that the ports may operate 
at a constantly improving level of service.
    Two commenters stated that the regulations should stipulate that 
any overtime fees collected should be returned to the port where the 
services are rendered. The commenters said that this would ensure that 
sufficient funds are available where needed, and the Agencies would not 
be required to utilize appropriated funds or cash reserves to cover 
expenses associated with overtime fees.
    We disagree with the commenters. It would be administratively 
burdensome for APHIS (or DHS for that matter) to maintain and track 
reimbursable overtime collections for agricultural inspection to a 
port-by-port level. Because the application of reimbursable overtime 
rates distinctively mirrors the work the employees perform and are paid 
for, there is no need to track collections and costs to this level.

[[Page 59564]]

Program budgeters carefully consider the amount of reimbursable 
overtime work at their ports in providing budget estimates from year to 
year. Finally, APHIS and DHS overtime fee collections are already 
tracked to the agency level; those collections remain in the 
appropriate accounts to fund each Department's respective overtime 
operations.
    Two commenters observed that both APHIS and DHS must be able to 
provide invoices for all overtime fees in a timely manner. The 
commenters suggested that the regulations stipulate that invoices will 
be provided within 30 days of the inspection date.
    Comments referring to specific billing practices are outside the 
scope of the current rulemaking. Invoices are generally provided 
simultaneous to inspection; however the commenters should contact the 
port director with any questions or concerns about the timeliness of 
billing.
    Other commenters stated that it would be possible for APHIS and DHS 
to assess overtime fees at a lower rate if industry were involved in 
negotiations between those Agencies and the inspectors' union.
    Any discussion of union contract negotiation is outside the scope 
of the current rulemaking.
    A commenter observed that greater responsiveness to current 
industry practices is needed. The commenter went on to state that, at 
the port in Atlanta, GA, importers cannot request weekend overtime 
after 3 p.m. on Friday, however it is impossible to determine with 
certainty by that time how much overtime will be necessary. The 
commenter is engaged in the importation of plant cuttings or live 
plants, which are perishable, and the busiest importing days, based on 
industry need and long-established industry practice, include Saturdays 
and Sundays.
    Another commenter stated that the port in Miami, FL, had recently 
extended its weekday operational hours. The commenter urged APHIS to 
maintain those hours.
    As previously stated, APHIS leaves such administrative details as 
the deadline for requesting weekend overtime and the operational hours 
of the ports to the knowledge and discretion of those individual ports. 
If the first commenter wishes to propose an extension of the deadline 
for requesting weekend overtime and the second commenter would like to 
maintain extended weekday hours of operation they should contact their 
local port directors.

Comments on Proposed Costs

    A number of commenters expressed concern at the cost numbers 
supplied by APHIS in the proposed rule.
    Several commenters observed that the proposed rule would increase 
the cost for overtime services by 30 to 49 percent (some commenters 
cited the increase as 45 to 55 percent); a number that represents 3 to 
5 times the rate of inflation since the last increase in 2002. Further, 
the commenters remarked that the U.S. Department of Labor had reported 
only a 10 percent increase in the Consumer Price Index since 2002. The 
commenters were troubled by the difference between the inflation rate, 
the Consumer Price Index rate, and the proposed percentage increase to 
overtime fees.
    Overtime fees are not solely based on either the rate of inflation 
or the Consumer Price Index. As stated previously, the cost of 
providing these services includes direct and indirect costs. The direct 
costs are an employee's salary and specific benefits, which are APHIS' 
payment of the hospital insurance tax and its contribution to the FICA, 
and the Agency's costs for work performed at night. The indirect costs 
are area delivery costs, billing and collection costs, program 
direction and support costs, central/departmental charges, and unfunded 
leave costs.
    Another commenter suggested that the cost increases should be made 
incrementally over the next several years to lessen the burden on 
producers and exporters and help them maintain their competitive 
position.
    A phase-in of the proposed changes would simply delay achieving the 
rule's objectives: To properly recover costs and adequately fund 
program operations. We would add that the decision to request overtime 
services, and therefore to incur additional costs, is left to the 
importer and such importers may realize price efficiencies by 
scheduling inspections during regular business hours.
    Several commenters observed that the increase in the overtime fees 
will come in conjunction with a new fee of $375 per treatment for 
various types of treatments currently offered at no charge. The 
commenters asserted that the cumulative effect of these cost increases 
will have a chilling effect on the perishable goods import/export 
market in the United States.
    The fee to which the commenters refer was included in a proposal to 
add new fee categories and adjust current fees charged for certain 
agricultural quarantine and inspection services provided in connection 
with certain commercial vessels, commercial trucks, commercial railroad 
cars, commercial aircraft, and international passengers arriving at 
ports in the customs territory of the United States.\4\ While the fees 
discussed in that rule are compulsory, overtime fees represent the cost 
of providing the additional service outside of regular business hours. 
As stated previously, the decision to request overtime services, and 
therefore to incur additional costs, is left to the importer.
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    \4\ You may view the proposed rule at https://www.regulations.gov/#!docketDetail;D=APHIS-2013-0021.
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Comments on Economic Impact

    A number of commenters from Florida stated that the proposed 
increase in overtime fees would prove detrimental to trade, commerce, 
and the economy of that State.
    We disagree with the commenters' assessment. Based on the economic 
assessment included with the proposal, we estimate that the impact of 
this rule will be minor. Further, the commenters did not provide any 
economic data in support of their claim for APHIS to examine.
    Another commenter observed that Florida has successfully worked 
with APHIS to implement the first ever cold treatment pilot project for 
perishable commodities. The commenter was concerned that increased 
overtime fee rates would prove economically detrimental to the future 
of that project both in Florida and other areas where cold treatment is 
already permitted.
    We disagree with the commenter's statement. APHIS' agreement with 
the shipping lines in the Florida cold treatment pilot program requires 
that cold treatment be completed before the ship arrives at the port 
because there are no approved cold treatment facilities available in 
Florida. Since the cold treatment must take place prior to shipment 
arrival, any information regarding application of cold treatment may be 
transmitted to the ports during regular business hours.

Comments on Comment Period

    We received several requests for an extension of the comment period 
on the proposed rule. After careful consideration, we determined to 
keep the original deadline. While APHIS has not updated its overtime 
fees since 2005, these increases remain a routine cost-recovery measure 
for the Agency.

Comments on Agency Jurisdiction

    Two commenters stated that, to the extent APHIS and CBP are 
performing the same inspection services, the

[[Page 59565]]

shipping community has a reasonable right to expect that the rates 
charged will be consistent across the agencies and that any internal 
conflicts in pay and rate schedules should be transparent to the 
service recipient. The commenters concluded that, to the extent one 
agency is acting on behalf of the other, it is imperative that the 
agency which is incurring the costs retains the appropriate percentage 
of the revenues collected.
    We agree with the commenters' observations. Providing clarity while 
allowing APHIS and DHS to recoup inspection costs was our intent in 
publishing this rule.
    Finally, one commenter said that there is confusion about which 
agencies have responsibility for and jurisdiction over various 
functions. The commenter said that the rule should clearly delineate 
which functions are performed by APHIS and which are performed on 
behalf of APHIS by DHS. The commenter concluded that fees should be 
listed only in the relevant sections of the CFR, and there must be no 
question that both APHIS and DHS are not billing individually for the 
same services.
    Generally speaking, most of the agricultural inspections discussed 
in this rule are performed by DHS pursuant to the Homeland Security 
Act. Examples of agricultural inspections performed by APHIS include 
those associated with the importation of live plants, which occur at 
designated plant inspection stations, and APHIS oversight of certain 
port of entry treatments. As stated in the proposed rule, DHS conducts 
billings of their overtime charges in accordance with the regulations 
in 5 CFR part 551, 7 CFR 354.1, 9 CFR 97.1, 9 CFR 130.50, or 19 CFR 
24.16. The DHS fees for agricultural inspection overtime work are not 
listed in a specific section of the CFR as the Homeland Security Act 
that first established DHS did not provide any new regulatory authority 
to DHS but rather used the existing regulatory authority of those 
agencies or programs whose functions were transferred to DHS. So APHIS' 
regulatory authority is used to enumerate or revise agricultural 
inspection overtime rates.
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, with a 
few, minor editorial changes.

Executive Order 12866 and Regulatory Flexibility Act

    This final rule is subject to Executive Order 12866. However, for 
this action, the Office of Management and Budget has waived its review 
under Executive Order 12866.
    In accordance with 5 U.S.C. 604, we have performed a final 
regulatory flexibility analysis, which is summarized below, regarding 
the economic effects of this rule on small entities. Copies of the full 
analysis are available on the Regulations.gov Web site (see footnote 1 
in this document for a link to Regulations.gov) or by contacting the 
person listed under FOR FURTHER INFORMATION CONTACT.
    APHIS charges hourly overtime rates to individuals, firms, and 
corporations requesting inspection, testing, certification, or 
quarantine services at laboratories, border ports, ocean ports, rail 
ports, quarantine facilities, and airports outside of the regularly 
established hours of service. These overtime rates are charged to the 
individuals, firms, or corporations requesting the services, and the 
fees vary depending on the type of service performed and when the 
service is provided. This rule amends the fees for reimbursable 
overtime to reflect increased costs associated with providing these 
services.
    APHIS is updating these fees to take into account the routine 
increases in the cost of conducting business during overtime hours. The 
cost to the import/export program to provide these services has 
increased year to year, and these proposed increases are necessary to 
more accurately provide the full cost recovery of this Agency activity.
    Currently, APHIS charges $51 per hour per employee for inspection, 
testing, certification, or quarantine of animals or agricultural 
products outside the employee's regular tour of duty, and $67 per hour 
per employee for inspection, testing, certification, or quarantine of 
animals or agricultural products that is performed on Sundays outside 
the employee's regular tour of duty. APHIS charges $41 per hour per 
employee for commercial airline inspection services that are performed 
outside of the regularly established hours of service on a holiday or 
any other period and $55 per hour per employee for commercial airline 
inspection services that are performed outside of the regularly 
established hours of service on a Sunday. This rule establishes hourly 
overtime rates for each of the fiscal years 2016 through 2018. From FY 
2016 through FY 2018, these rates would increase by $24 for inspection, 
testing, certification, or quarantine of animals or agricultural 
products outside the employee's regular tour of duty (Monday through 
Saturday and holidays), by $33 for inspection, testing, certification, 
or quarantine of animals or agricultural products that is performed on 
Sundays outside the employee's regular tour of duty, by $24 for 
commercial airline inspection services that are performed outside of 
the regularly established hours of service on a holiday or any other 
period, and by $31 for commercial airline inspection services that are 
performed outside of the regularly established hours of service on a 
Sunday.

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 2 CFR chapter IV.)

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 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

7 CFR Part 354

    Animal diseases, Exports, Government employees, Imports, Plant 
diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Travel and transportation expenses.

9 CFR Part 97

    Exports, Government employees, Imports, Livestock, Poultry and 
poultry products, Travel and transportation expenses.

9 CFR Part 130

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

    Accordingly, we are amending 7 CFR part 354 and 9 CFR parts 97 and 
130 as follows:

[[Page 59566]]

Title 7--Agriculture

PART 354--OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND 
USER FEES

0
1. The authority citation for part 354 continues to read as follows:

    Authority:  7 U.S.C. 7701-7772, 7781-7786, and 8301-8317; 21 
U.S.C. 136 and 136a; 49 U.S.C. 80503; 7 CFR 2.22, 2.80, and 371.3.


0
2. Section 354.1 is amended as follows:
0
a. By revising paragraph (a)(1) introductory text, including the table.
0
b. In paragraph (a)(1)(i), by removing the words ``the Customs Service, 
Immigration and Naturalization Service'' and adding the words ``U.S. 
Customs and Border Protection'' in their place.
0
c. By revising the table in paragraph (a)(1)(iii).
0
d. In paragraph (a)(2), by removing the word ``A'' in the first 
sentence and adding the words ``Except as provided in paragraph (a)(3) 
of this section, a'' in its place.
0
e. By adding paragraph (a)(3).
0
f. In paragraphs (a)(2), (b), (d)(1), (d)(2), (d)(3), (d)(4), (e)(1), 
(e)(2), (e)(4), and (f), by adding the words ``or U.S. Customs and 
Border Protection'' after the words ``Animal and Plant Health 
Inspection Service'' each time they appear.
    The addition and revisions read as follows:


Sec.  354.1  Overtime work at border ports, sea ports, and airports.

    (a)(1) Any person, firm, or corporation having ownership, custody, 
or control of plants, plant products, animals, animal byproducts, or 
other commodities or articles subject to inspection, laboratory 
testing, certification, or quarantine under this chapter and subchapter 
D of chapter I, title 9 CFR, 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 that 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 during the 
overtime or Sunday or holiday period, and shall pay the Government at 
the rate listed in the following table, except as provided in 
paragraphs (a)(1)(i), (ii), and (iii), and (a)(3) of this section:

  Overtime for Inspection, Laboratory Testing, Certification, or Quarantine of Plant, Plant Products, Animals,
                                 Animal Products or Other Regulated Commodities
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                                                                        Overtime rates (per hour)
                                                        --------------------------------------------------------
       Outside the employee's normal tour of duty          Nov. 2, 2015-      Oct. 1, 2016-
                                                           Sept. 30, 2016     Sept. 30, 2017   Beginning Oct. 1,
                                                                                                      2017
----------------------------------------------------------------------------------------------------------------
Monday through Saturday and holidays...................                $75                $75                $75
Sundays................................................                 99                 99                100
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* * * * *
    (iii) * * *

                             Overtime for Commercial Airline Inspection Services \1\
----------------------------------------------------------------------------------------------------------------
                                                                        Overtime rates (per hour)
                                                        --------------------------------------------------------
       Outside the employee's normal tour of duty          Nov. 2, 2015-      Oct. 1, 2016-
                                                           Sept. 30, 2016     Sept. 30, 2017   Beginning Oct. 1,
                                                                                                      2017
----------------------------------------------------------------------------------------------------------------
Monday through Saturday and holidays...................                $64                $65                $65
Sundays................................................                 85                 86                 86
----------------------------------------------------------------------------------------------------------------
\1\ These charges exclude administrative overhead costs.

* * * * *
    (3) 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.
* * * * *

Title 9--Animals and Animal Products

PART 97--OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS

0
3. The authority citation for part 97 continues to read as follows:

    Authority:  7 U.S.C. 8301-8317; 49 U.S.C. 80503; 7 CFR 2.22, 
2.80, and 371.4.


0
4. Section 97.1 is amended as follows:
0
a. By revising paragraph (a) introductory text, including the table.
0
b. In paragraph (a)(1), by removing the words ``the Customs Service, 
Immigration and Naturalization Service'' and adding the words ``U.S. 
Customs and Border Protection'' in their place.
0
c. By revising the table in paragraph (a)(3).
0
d. By adding paragraph (a)(4).
0
e. In paragraphs (b), (d)(1), (d)(2), (d)(3), (d)(4), (e)(1), (e)(2), 
(e)(4), and (f), by adding the words ``or U.S. Customs and Border 
Protection'' after the words ``Animal and Plant Health Inspection 
Service'' each time they appear.
    The addition and revisions read as follows:


Sec.  97.1  Overtime work at laboratories, border ports, ocean ports, 
and airports.\1\
---------------------------------------------------------------------------

    \1\ For designated ports of entry for certain animals, animal 
semen, poultry, and hatching eggs, see Sec. Sec.  93.102, 93.203, 
93.303, 93.403, 93.503, 93.703, and 93.805 of this chapter. For 
designated ports of entry for certain purebred animals see 
Sec. Sec.  151.1 through 151.3 of this chapter.
---------------------------------------------------------------------------

    (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

[[Page 59567]]

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
----------------------------------------------------------------------------------------------------------------
                                                                        Overtime rates (per hour)
                                                        --------------------------------------------------------
       Outside the employee's normal tour of duty          Nov. 2, 2015-      Oct. 1, 2016-
                                                           Sept. 30, 2016     Sept. 30, 2017   Beginning Oct. 1,
                                                                                                      2017
----------------------------------------------------------------------------------------------------------------
Monday through Saturday and holidays...................                $75                $75                $75
Sundays................................................                 99                 99                100
----------------------------------------------------------------------------------------------------------------

* * * * *
    (3) * * *

                             Overtime for Commercial Airline Inspection Services \1\
----------------------------------------------------------------------------------------------------------------
                                                                        Overtime rates (per hour)
                                                        --------------------------------------------------------
       Outside the employee's normal tour of duty          Nov. 2, 2015-      Oct. 1, 2016-
                                                           Sept. 30, 2016     Sept. 30, 2017   Beginning Oct. 1,
                                                                                                      2017
----------------------------------------------------------------------------------------------------------------
Monday through Saturday and holidays...................                $64                $65                $65
Sundays................................................                 85                 86                 86
----------------------------------------------------------------------------------------------------------------
\1\ These charges exclude administrative overhead costs.

    (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.
* * * * *

PART 130--USER FEES

0
5. 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.


0
6. Section 130.50 is amended as follows:
0
a. In paragraph (b)(3) introductory text, by removing the words ``or 
(ii)'' and adding the words ``, (ii), or (iii)'' in their place.
0
b. By revising the table in paragraph (b)(3)(i).
0
c. By adding paragraph (b)(3)(iii).
    The addition and revision read as follows:


Sec.  130.50  Payment of user fees.

* * * * *
    (b) * * *
    (3) * * *
    (i) * * *

                                      Overtime for Flat Rate User Fees 1 2
----------------------------------------------------------------------------------------------------------------
                                                                        Overtime rates (per hour)
                                      Outside of the    --------------------------------------------------------
                                     employee's normal     Nov. 2, 2015-      Oct. 1, 2016-
                                       tour of duty        Sept. 30, 2016     Sept. 30, 2017   Beginning Oct. 1,
                                                                                                      2017
----------------------------------------------------------------------------------------------------------------
Rate for inspection, testing,      Monday-Saturday and                 $75                $75                $75
 certification or quarantine of     holidays.                           99                 99                100
 animals, animal products or       Sundays.............
 other commodities \3\.
Rate for commercial airline        Monday-Saturday and                  64                 65                 65
 inspection services \4\.           holidays.                           85                 86                 86
                                   Sundays.............
----------------------------------------------------------------------------------------------------------------
\1\ 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 minimum applies, you may need to pay commuted travel time. (See Sec.   97.1(b) of this
  chapter for specific information about commuted travel time.)
\3\ See Sec.   97.1(a) of this chapter or 7 CFR 354.3 for details.
\4\ See Sec.   97.1(a)(3) of this chapter for details.


[[Page 59568]]

* * * * *
    (iii) For information on rules pertaining to the charges associated 
with employees of U.S. Customs and Border Protection performing 
agricultural inspection services, please see 7 CFR 354.1 and 9 CFR 
97.1.
* * * * *

    Done in Washington, DC, this 28th day of September 2015.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2015-25101 Filed 10-1-15; 8:45 am]
 BILLING CODE 3410-34-P