Federal Register / Vol. 79, No. 80 / Friday, April 25, 2014 / Proposed Rules 22887 

requirements and limitations regarding 

the substances permitted in post-harvest 

handling. The NOP also discussed and 

received feedback on this topic at a 

training session for certifiers in 

Portland, Oregon, in February 2011. 

The draft guidance is available from 

NOP on its Web site at http://

www.ams.usda.gov/nop. Once finalized, 

final guidance would be available in 

‘‘The Program Handbook: Guidance and 

Instructions for Accredited Certifying 

Agents (ACAs) and Certified 

Operations’’. This Handbook provides 

those who own, manage, or certify 

organic operations with guidance and 

instructions that can assist them in 

complying with the USDA organic 

regulations. The current edition of the 

Program Handbook is available online at 

http://www.ams.usda.gov/nop. 

II. Significance of Guidance 

This draft guidance document is being 

issued in accordance with the Office of 

Management and Budget (OMB) 

Bulletin on Agency Good Guidance 

Practices (GGPs) (January 25, 2007, 72 

FR 3432–3440). 

The purpose of GGPs is to ensure that 

program guidance documents are 

developed with adequate public 

participation, are readily available to the 

public, and are not applied as binding 

requirements. This draft guidance 

represents NOP’s current thinking on 

the topic. It does not create or confer 

any rights for, or on, any person and 

does not operate to bind the NOP or the 

public. Guidance documents are 

intended to provide a uniform method 

for operations to comply that can reduce 

the burden of developing their own 

methods and simplify audits and 

inspections. Alternative approaches that 

can demonstrate compliance with the 

Organic Foods Production Act (OFPA), 

as amended (7 U.S.C. 6501–6522), and 

its implementing regulations are also 

acceptable. As with any alternative 

compliance approach, NOP strongly 

encourages industry to discuss 

alternative approaches with NOP before 

implementing them to avoid 

unnecessary or wasteful expenditures of 

resources and to ensure the proposed 

alternative approach complies with the 

Act and its implementing regulations. 

III. Electronic Access 

Persons with access to Internet may 

obtain the draft guidance at either 

NOP’s Web site at http://

www.ams.usda.gov/nop or http://

www.regulations.gov. Requests for hard 

copies of the draft guidance documents 

can be obtained by submitting a written 

request to the person listed in the 

ADDRESSES section of this Notice. 

Authority: 7 U.S.C. 6501–6522. 

Dated: April 21, 2014. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2014–09390 Filed 4–24–14; 8:45 am] 

BILLING CODE 3410–02–P 

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: Proposed rule. 

SUMMARY: We are proposing to change 

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 inspection, laboratory 

testing, certification, or quarantine 

under the regulations. We are proposing 

to increase these overtime rates for each 

of the fiscal years 2014 through 2018 to 

reflect the anticipated costs associated 

with providing these services during 

each year. Establishing the overtime rate 

changes in advance would allow users 

of APHIS’ services to incorporate the 

rates into their budget planning. We are 

also proposing to clarify 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: We will consider all comments 

that we receive on or before June 24, 

2014. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/

#!docketDetail;D=APHIS-2009-0047. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2009–0047, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road Unit 118, 

Riverdale, MD 20737–1238. 

Supporting documents and any 

comments we receive on this docket 

may be viewed at http://

www.regulations.gov/

#!docketDetail;D=APHIS-2009-0047 or 

in our reading room, which is located in 

room 1141 of the USDA South Building, 

14th Street and Independence Avenue 

SW., Washington, DC. Normal reading 

room hours are 8 a.m. to 4:30 p.m., 

Monday through Friday, except 

holidays. To be sure someone is there to 

help you, please call (202) 799–7039 

before coming. 

FOR FURTHER INFORMATION CONTACT: For 

information concerning Plant Protection 

and Quarantine program operations, 

contact Mr. William E. Thomas, AQI 

Coordinator, PPQ, APHIS, 4700 River 

Road Unit 131, Riverdale, MD 20737– 

1231; (301) 851–2306. 

For information concerning 

Veterinary Services program operations, 

contact Ms. Carol Tuszynski, Director, 

Planning, Finance, and Strategy Staff, 

Program Support Services, VS, APHIS, 

4700 River Road Unit 58, Riverdale, MD 

20737–1231; (301) 851–3463. 

For information concerning APHIS 

user fee development, contact Ms. Kris 

Caraher, Branch Chief, Review and 

Analysis, Financial Management 

Division, MRPBS, APHIS, 4700 River 

Road Unit 55, Riverdale, MD 20737; 

(301) 851–2834. 

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. 

APHIS has not adjusted the overtime 

rates for inspection, laboratory testing, 

certification, or quarantine services 

since we published a final rule in the 

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22888 Federal Register / Vol. 79, No. 80 / Friday, April 25, 2014 / Proposed Rules 

Federal Register on July 25, 2002 (67 FR 

48519–48525, Docket No. 00–087–2) 

that was effective on August 11, 2002. 

That rule increased overtime rates 

proportionate to, and as a result of, 

changes to the costs associated with 

providing inspection, laboratory testing, 

certification, and quarantine services 

outside of an employee’s normal tour of 

duty and allowed for yearly increases to 

the rates charged. The last of these 

annual increases went into effect on 

October 1, 2005. That final rule 

increased overtime rates so that APHIS 

could recover the costs of providing 

overtime services. 

Based on continuing changes to the 

costs associated with providing 

inspection, laboratory testing, 

certification, and quarantine services, as 

well as annual salary increases for 

Federal employees, the current overtime 

rates must be adjusted in order for 

APHIS to properly recover the full cost 

of providing these services. Therefore, 

we are proposing to establish the hourly 

overtime rates for fiscal years (FYs) 2014 

through 2018; the FY 2014 rates would 

become effective on the date specified 

in a final rule following this proposed 

rule, the FY 2015 through 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. The 

overtime rate tables in this document, 

therefore, do not specify an end date for 

overtime rates that would become 

effective on October 1, 2017 (the 

beginning of FY 2018). Establishing the 

overtime rate changes in advance would 

allow users of APHIS’ services to 

incorporate the rates into their budget 

planning. We plan to publish a notice in 

the Federal Register prior to the 

beginning of each fiscal year to remind 

and notify the public of the overtime 

rates charged for inspection, laboratory 

testing, certification, and quarantine 

services for that particular fiscal year. 

The proposed rule would amend the 

regulations by: 

1. Establishing hourly overtime rates 

for each of the fiscal years 2014 through 

2018 that are charged to the person, 

firm, or corporation having ownership, 

custody, or control of plants, plant 

products, animals, poultry, animal 

byproducts, germ plasm, organisms, 

vectors, or other regulated commodities 

or articles subject to certain inspection, 

laboratory testing, certification, or 

quarantine, who needs the services of an 

APHIS employee on a Sunday or 

holiday, or at any other time outside the 

employee’s regular tour of duty; and 

2. Establishing hourly overtime rates 

for each of the fiscal years 2014 through 

2018 that are charged to an owner or 

operator of an aircraft for inspection or 

quarantine services provided by an 

APHIS employee at an airport outside of 

the regularly established hours of 

service. 

The overtime rates proposed in this 

document are based on our review and 

cost analysis of the current fees, which 

indicated that increases are needed to 

ensure that the fees charged are 

adequate for APHIS to cover the cost of 

providing these overtime services. The 

cost analysis is based on our review of 

data such as anticipated costs due to 

increases in salaries and benefits of 

Federal employees, indirect costs, 

program management costs, billing and 

collection service costs, Agency 

overhead costs, and departmental 

charges. 

Overtime Rate Components 

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. 

To calculate the proposed overtime 

rates, we identified and projected the 

direct costs in each of FYs 2014 through 

2018 for each of the following four 

overtime rate categories: 

1. Inspection, laboratory testing, 

certification, or quarantine of animals 

and animal or agricultural products or 

articles performed by an APHIS 

employee outside of his or her normal 

tour of duty on Saturdays, holidays, or 

weekdays; 

2. Inspection, laboratory testing, 

certification, or quarantine of animals 

and animal or agricultural products or 

articles performed by an APHIS 

employee outside of his or her normal 

tour of duty on Sundays; 

3. Commercial airline inspection 

services performed by an APHIS 

employee outside of his or her normal 

tour of duty on Saturdays, holidays, or 

weekdays; and 

4. Commercial airline inspection 

services performed by an APHIS 

employee outside of his or her normal 

tour of duty on Sundays. 

We then identified and added the 

appropriate indirect costs to the direct 

costs to obtain the ‘‘raw’’ hourly 

overtime rates. For each of the four 

overtime rate categories, we then 

rounded these raw rates up to the 

nearest whole dollar to arrive at the 

final hourly overtime rates. The 

following tables list the direct and 

indirect cost components for each of the 

four overtime rate categories. 

TABLE 1—PROPOSED OVERTIME RATES FOR INSPECTION, LABORATORY TESTING, CERTIFICATION, OR QUARANTINE OF

ANIMALS AND ANIMAL OR AGRICULTURAL PRODUCTS OR ARTICLES PERFORMED BY AN APHIS EMPLOYEE OUTSIDE

OF HIS OR HER NORMAL TOUR OF DUTY ON SATURDAYS, HOLIDAYS, OR WEEKDAYS

Cost components 

[Effective date 

of final rule]– 

Sept. 30, 2014 

Oct. 1, 2014– 

Sept. 30, 2015 

Oct. 1, 2015– 

Sept. 30, 2016 

Oct. 1, 2016– 

Sept. 30, 2017 

Beginning Oct. 

1, 2017 

Direct cost components: 

Employee’s salary ......................................................... $39.80 $40.00 $40.20 $40.40 $40.60 

Night differential ............................................................ 0.10 0.10 0.10 0.10 0.10 

Hospital insurance tax .................................................. 0.57 0.57 0.57 0.58 0.58 

FICA .............................................................................. 1.87 1.88 1.89 1.90 1.91 

Indirect cost components: 

Area delivery ................................................................. 7.19 7.22 7.26 7.30 7.33 

Billing and collection ..................................................... 1.61 1.62 1.63 1.64 1.65 

Agency level program delivery ..................................... 5.20 5.23 5.25 5.28 5.30 

Agency level administrative support ............................. 3.06 3.07 3.09 3.10 3.12 

Central/department charges ......................................... 1.93 1.94 1.95 1.96 1.97 

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Federal Register / Vol. 79, No. 80 / Friday, April 25, 2014 / Proposed Rules 22889 

TABLE 1—PROPOSED OVERTIME RATES FOR INSPECTION, LABORATORY TESTING, CERTIFICATION, OR QUARANTINE OF

ANIMALS AND ANIMAL OR AGRICULTURAL PRODUCTS OR ARTICLES PERFORMED BY AN APHIS EMPLOYEE OUTSIDE

OF HIS OR HER NORMAL TOUR OF DUTY ON SATURDAYS, HOLIDAYS, OR WEEKDAYS—Continued 

Cost components 

[Effective date 

of final rule]– 

Sept. 30, 2014 

Oct. 1, 2014– 

Sept. 30, 2015 

Oct. 1, 2015– 

Sept. 30, 2016 

Oct. 1, 2016– 

Sept. 30, 2017 

Beginning Oct. 

1, 2017 

Imputed Costs ............................................................... 12.17 12.23 12.30 12.36 12.42 

Hourly ‘‘raw’’ rate .......................................................... 73.49 73.86 74.23 74.60 74.97 

Hourly rate rounded ...................................................... 74.00 74.00 75.00 75.00 75.00 

Quarter hour rate .......................................................... 18.50 18.50 18.75 18.75 18.75 

TABLE 2—PROPOSED OVERTIME RATES FOR INSPECTION, LABORATORY TESTING, CERTIFICATION, OR QUARANTINE OF

ANIMALS AND ANIMAL OR AGRICULTURAL PRODUCTS OR ARTICLES PERFORMED BY AN APHIS EMPLOYEE OUTSIDE

OF HIS OR HER NORMAL TOUR OF DUTY ON SUNDAYS

Cost components 

[Effective date 

of final rule]– 

Sept. 30, 2014 

Oct. 1, 2014– 

Sept. 30, 2015 

Oct. 1, 2015– 

Sept. 30, 2016 

Oct. 1, 2016– 

Sept. 30, 2017 

Beginning Oct. 

1, 2017 

Direct cost components: 

Employee’s salary ......................................................... $53.06 $53.33 $53.60 $53.86 $54.13 

Night differential ............................................................ 0.13 0.13 0.13 0.13 0.13 

Hospital insurance tax .................................................. 0.76 0.76 0.76 0.77 0.77 

FICA .............................................................................. 2.49 2.50 2.52 2.53 2.54 

Indirect cost components: 

Area delivery ................................................................. 9.58 9.63 9.68 9.73 9.78 

Billing and collection ..................................................... 1.61 1.62 1.63 1.64 1.65 

Agency level program delivery ..................................... 6.88 6.91 6.95 6.98 7.02 

Agency level administrative support ............................. 4.04 4.06 4.09 4.11 4.13 

Central/department charges ......................................... 2.55 2.57 2.58 2.59 2.60 

Imputed Costs ............................................................... 16.23 16.31 16.39 16.48 16.56 

Hourly ‘‘raw’’ rate .......................................................... 97.34 97.83 98.32 98.81 99.30 

Hourly rate rounded ...................................................... 98.00 98.00 99.00 99.00 100.00 

Quarter hour rate .......................................................... 24.50 24.50 24.75 24.75 25.00 

TABLE 3—PROPOSED OVERTIME RATES FOR COMMERCIAL AIRLINE INSPECTION SERVICES PERFORMED BY AN APHIS 

EMPLOYEE OUTSIDE OF HIS OR HER NORMAL TOUR OF DUTY ON SATURDAYS, HOLIDAYS, OR WEEKDAYS

Cost components 

[Effective date 

of final rule]– 

Sept. 30, 2014 

Oct. 1, 2014– 

Sept. 30, 2015 

Oct. 1, 2015– 

Sept. 30, 2016 

Oct. 1, 2016– 

Sept. 30, 2017 

Beginning Oct. 

1, 2017 

Direct cost components: 

Employee’s salary ......................................................... $39.80 $40.00 $40.20 $40.40 $40.60 

Night differential ............................................................ 0.10 0.10 0.10 0.10 0.10 

Hospital insurance tax .................................................. 0.57 0.57 0.57 0.58 0.58 

FICA .............................................................................. 1.87 1.88 1.89 1.90 1.91 

Indirect cost components: 

Area delivery ................................................................. 7.19 7.22 7.26 7.30 7.33 

Billing and collection ..................................................... 1.61 1.62 1.63 1.64 1.65 

Imputed Costs ............................................................... 12.17 12.23 12.30 12.36 12.42 

Hourly ‘‘raw’’ rate .......................................................... 63.30 63.62 63.94 64.26 64.58 

Hourly rate rounded ...................................................... 64.00 64.00 64.00 65.00 65.00 

Quarter hour rate .......................................................... 16.00 16.00 16.00 16.25 16.25 

TABLE 4—PROPOSED OVERTIME RATES FOR COMMERCIAL AIRLINE INSPECTION SERVICES PERFORMED BY AN APHIS 

EMPLOYEE OUTSIDE OF HIS OR HER NORMAL TOUR OF DUTY ON SUNDAYS

Cost components 

[Effective date 

of final rule]– 

Sept. 30, 2014 

Oct. 1, 2014– 

Sept. 30, 2015 

Oct. 1, 2015– 

Sept. 30, 2016 

Oct. 1, 2016– 

Sept. 30, 2017 

Beginning Oct. 

1, 2017 

Direct cost components: 

Employee’s salary ......................................................... $53.06 $53.33 $53.60 $53.86 $54.13 

Night differential ............................................................ 0.13 0.13 0.13 0.13 0.13 

Hospital insurance tax .................................................. 0.76 0.76 0.76 0.77 0.77 

FICA .............................................................................. 2.49 2.50 2.52 2.53 2.54 

Indirect cost components: 

Area delivery ................................................................. 9.58 9.63 9.68 9.73 9.78 

Billing and collection ..................................................... 1.61 1.62 1.63 1.64 1.65 

Imputed costs ............................................................... 16.23 16.31 16.39 16.48 16.56 

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22890 Federal Register / Vol. 79, No. 80 / Friday, April 25, 2014 / Proposed Rules 

TABLE 4—PROPOSED OVERTIME RATES FOR COMMERCIAL AIRLINE INSPECTION SERVICES PERFORMED BY AN APHIS 

EMPLOYEE OUTSIDE OF HIS OR HER NORMAL TOUR OF DUTY ON SUNDAYS—Continued 

Cost components 

[Effective date 

of final rule]– 

Sept. 30, 2014 

Oct. 1, 2014– 

Sept. 30, 2015 

Oct. 1, 2015– 

Sept. 30, 2016 

Oct. 1, 2016– 

Sept. 30, 2017 

Beginning Oct. 

1, 2017 

Hourly ‘‘raw’’ rate .......................................................... 83.87 84.29 84.71 85.13 85.56 

Hourly rate rounded ...................................................... 84.00 85.00 85.00 86.00 86.00 

Quarter hour rate .......................................................... 21.00 21.25 21.25 21.50 21.50 

Direct Cost Components 

Employee’s Salary. The employee’s 

salary covers APHIS’ direct labor costs 

for the pay an employee earns when he 

or she provides inspection, laboratory 

testing, certification, or quarantine 

services outside of his or her normal 

tour of duty. We used the estimated 

weighted average salary of General 

Schedule (GS)–10 step 1 at all locations 

that provided these services during FY 

2014 to obtain a weighted average salary 

of $55,371 per year. The salary of a GS– 

10 step 1 is the maximum amount at 

which overtime is paid to an employee 

for performing these services. 

We divided the average salary of 

$55,371 by 2,087 employee hours per 

year to obtain the average employee’s 

salary amount of $26.53 per hour during 

normal tour of duty hours. 

An APHIS employee is paid 1.5 times 

the normal employee’s salary for 

services performed outside of his or her 

normal tour of duty on Saturdays, 

holidays, or weekdays, and is paid twice 

the normal employee’s salary for those 

services performed on Sundays. 

Therefore, we multiplied the average 

employee’s salary of $26.53 per hour by 

1.5 to obtain the FY 2014 employee’s 

salary of $39.80 per hour for work 

performed outside an employee’s 

normal tour of duty on Saturdays, 

holidays, and weekdays. We also 

multiplied the average employee’s 

hourly salary of $26.53 by two to obtain 

the FY 2014 employee’s salary of $53.06 

per hour for those services performed 

outside of an employee’s normal tour of 

duty on Sundays. 

Night Differential. The night 

differential covers the Agency’s costs for 

overtime work performed by an APHIS 

employee at night. This consists of the 

pay earned by an employee above the 

basic rate for regularly scheduled work 

performed at night between 6 p.m. and 

6 a.m., and includes an employee’s base 

pay, compensatory time, Sunday double 

time, and ‘‘over 40’’ overtime pay for 

overtime work performed at night. 

To obtain the night differential 

portion of the overtime rates, we 

estimated the percentage of total 

employee salary costs attributable to the 

night differential costs during FY 2014. 

The estimated night differential costs of 

$13,629 are 0.24 percent of the total 

average employee salary costs of 

$5,582,990. This percentage was then 

applied to the employee’s salary for 

each overtime rate category. For 

example, the night differential costs of 

$0.10 per hour for FY 2014 for work 

performed on a holiday, Saturday, or 

weekday outside of an employee’s 

normal tour of duty equals the FY 2014 

employee’s salary of $39.80 per hour for 

the same overtime rate category 

multiplied by 0.24 percent. 

Personnel Benefits. Personnel benefits 

are limited to those additional benefits 

that accrue to an APHIS employee as a 

result of the employee performing 

services specifically during overtime 

periods. These benefits are the hospital 

insurance tax and the FICA 

contributions made by the Agency. 

The hospital insurance tax and the 

FICA contributions cover APHIS’ costs 

for the U.S. Social Security System’s 

Medicare Insurance and the U.S. Social 

Security System’s Old Age, Survivor, 

Death Insurance, respectively. The 

hospital insurance tax is used to help 

pay for an employee’s hospital services 

during retirement. The Agency’s FICA 

contributions help pay for an 

employee’s insurance when he or she is 

eligible (usually at age 62), insurance for 

surviving spouses and/or children of 

deceased employees, and a part of the 

Social Security System’s contribution to 

disability payments in certain cases. 

Because the personnel benefits 

portion of the overtime rates cost is 

limited to the hospital insurance tax and 

the FICA contributions made by the 

Agency, a full-blown benefits 

percentage was not applied in the same 

manner that a benefits percentage would 

be applied if those services were 

provided during an employee’s normal 

tour of duty. To obtain the costs of the 

hospital insurance portion of the 

overtime rates, we estimated the 

percentage of total employee salary 

costs attributable to the hospital 

insurance tax costs in FY 2014. The 

estimated hospital insurance tax costs of 

$79,583 are 1.43 percent of the 

estimated employee salary costs of 

$5,582,991. This percentage was then 

applied to the employee’s salary for 

each overtime rate category. For 

example, the hospital insurance tax 

amount of $0.57 per hour for FY 2014 

for work performed by an employee on 

Saturdays, holidays, or weekdays 

outside of his or her normal tour of duty 

equals the FY 2014 employee’s salary of 

$39.80 per hour for the same overtime 

rate category multiplied by 1.43 percent. 

Similarly, to obtain the FICA portion 

of the overtime rates, we estimated the 

percentage of total employee salary 

costs attributable to the FICA costs 

during FY 2014. Estimated FICA costs of 

$263,579 are 4.69 percent of the 

estimated total employee salary costs of 

$5,582,991 in FY 2014. This percentage 

was then applied to the employee’s 

salary for each overtime rate category. 

For example, the FICA amount of $1.87 

per hour for FY 2014 for work 

performed on Saturdays, holidays, or 

weekdays by an employee outside of his 

or her normal tour of duty equals the FY 

2014 employee’s salary of $39.80 per 

hour multiplied by 4.69 percent. 

Indirect Cost Components 

Area Delivery. Area delivery covers 

APHIS’ costs for local clerical and 

administrative activities; indirect labor 

hours (supervision of personnel and 

time spent doing work that is not 

directly connected with the services but 

that is nonetheless necessary); travel 

and transportation for personnel; 

supplies, equipment, and other 

necessary items; training; general 

supplies for offices, washrooms, 

cleaning, etc.; contract services (such as 

guard service, maintenance, trash 

pickup, etc.); grounds maintenance; and 

utilities. Utilities include water, 

telephone, electricity, gas, heating, and 

oil. These costs are accumulated in a 

distributable account and an 

appropriate amount is charged to the 

overtime rates account throughout the 

year. 

To obtain the area delivery costs 

portion of the overtime rates, we 

estimated the percentage of total 

employee salary costs attributable to the 

area delivery costs in FY 2014. The 

estimated area delivery costs of 

$1,008,258 are 18.06 percent of the 

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Federal Register / Vol. 79, No. 80 / Friday, April 25, 2014 / Proposed Rules 22891 

1OMB Circular A–25, User Charges is available 

on the Internet at http://www.whitehouse.gov/omb/ 

circulars_a025. 

estimated employee salary costs of 

$5,582,991 in FY 2014. This percentage 

was then applied to the employee’s 

salary for each overtime rate category. 

For example, the area delivery amount 

of $7.19 per hour for FY 2014 for work 

performed on a holiday, Saturday, or 

weekday outside of an employee’s 

normal tour of duty equals the estimated 

FY 2014 salary of $39.80 per hour for 

the same overtime rate category 

multiplied by 18.06 percent. 

Billings and Collections. The billings 

and collections portion of the overtime 

rates covers APHIS’ costs for physically 

billing and collecting for services 

covered by the overtime rates. Billing 

costs are the costs of managing user fee 

accounts for our customers. Collections 

expenses include the costs of managing 

customer payments and accurately 

reflecting those payments in our 

accounting system. 

To calculate the billings and 

collections portion of the overtime rates, 

we estimated our billings and 

collections costs for FY 2014 through 

FY 2018 by identifying the specific 

employees who provide billing and 

collection services and estimating the 

percentage of time each of those 

employees will spend on user fee 

billings and collections for inspection, 

laboratory testing, or quarantine services 

performed by an APHIS employee on a 

Sunday, holiday, or any other time 

outside of the employee’s normal tour of 

duty. We then added related billings 

and collections costs, such as credit 

bureau costs, mailing costs, materials, 

printing costs, and the cost of our 

accounting system. 

Imputed Costs. Imputed costs include 

Office of Worker’s Compensation costs 

from the Department of Labor; costs of 

employee leave earned in a prior fiscal 

year and used in the current fiscal year; 

headquarters space operation and 

maintenance costs; Office of Personnel 

Management and State Department costs 

to provide retirement, health, and life 

insurance benefits to employees; 

unemployment compensation costs; and 

Department of Justice judgment fund 

costs. Collections for the part of the fee 

for imputed costs is not retained in the 

reimbursable overtime account but is 

forwarded to the U.S. Treasury in 

accordance with the Office of 

Management and Budget (OMB) 

Circular A–25, User Charges,1

Government Accountability Office 

guidance, and U.S. Department of 

Agriculture (USDA) Departmental 

Regulations. 

To calculate the imputed costs 

portion of the overtime rates, we 

estimated the reimbursable overtime’s 

portion of the FY 2014 APHIS imputed 

costs. The estimated imputed costs of 

$1,707,714 are 30.59 percent of the 

estimated employee salary costs of 

$5,582,991. This percentage was then 

applied to the employee’s salary for 

each overtime rate category. For 

example, the imputed costs amount of 

$12.17 per hour for FY 2014 for work 

performed on a holiday, Saturday, or 

weekday outside of an employee’s 

normal tour of duty equals the estimated 

FY 2014 salary of $39.80 per hour for 

the same overtime rate category 

multiplied by 30.59 percent. 

Agency Level Program Delivery. 

Agency level program delivery costs are 

management support costs the APHIS 

programs incur at APHIS’ headquarters 

and includes the costs of management 

support staffs; planning, finance and 

strategy work; program directors’ 

offices; and program regional offices. 

We used the APHIS standard overhead 

rate of 10.17 percent to calculate this 

cost component for the appropriate 

reimbursable overtime rates. 

Agency Level Administrative Support. 

Agency level administrative support 

includes the pro-rata share of the costs 

of certain Agency activities, including 

budget and accounting services, 

regulatory and legal services, 

Administrator’s office costs, personnel 

services, public information services, 

and liaison with Congress. We used the 

APHIS standard agency support costs 

rate of 5.98 percent to calculate this cost 

component for the appropriate 

reimbursable overtime rates. 

Central/Departmental Charges. This 

component includes APHIS’ share, 

expressed as a percentage of the total 

cost, of services provided centrally by 

the USDA. Services that the USDA 

provides centrally include the Federal 

Telephone Service, mail, National 

Finance Center processing of payroll 

and other money management, 

unemployment compensation, Office of 

Workers Compensation Programs, and 

central supply for storing and issuing 

commonly used supplies and USDA 

forms. The USDA notifies APHIS how 

much the Agency owes for these 

services. We have included a pro-rata 

share of these USDA charges that is 

attributable to overtime services of 3.25 

percent for the calculation of the 

appropriate reimbursable overtime rates. 

Costs for Agency level program 

delivery, agency level administrative 

support, and central/departmental 

charges are not included in our 

calculations for commercial airline 

inspection services performed by an 

APHIS employee outside of his or her 

normal tour of duty on Saturdays, 

holidays, weekdays, or Sundays. Those 

inspections are administered under the 

Airport and Airway Development Act of 

1970, which limits the rate to be 

charged after normal tour of duty hours 

to only the cost actually incurred in 

performing the inspection, and includes 

the cost of employee salary, benefits, 

night differential, hospital insurance 

tax, FICA, area delivery, billing and 

collection, and unfunded leave costs 

only. 

As is the case with all APHIS user 

fees, we intend to review, at least 

annually, the activities, programs, and 

fee assumptions for the user fees 

proposed in this document. We will 

publish any necessary adjustments in 

the Federal Register. 

Hourly Overtime Rates 

The regulations in 7 CFR 354.1(a)(1) 

and 9 CFR 97.1(a) contain the hourly 

overtime rates charged to any person, 

firm, or corporation having ownership, 

custody, or control of animals, poultry, 

animal byproducts, germ plasm, 

organisms, vectors, plants, plant 

products, or other regulated 

commodities subject to inspection, 

laboratory testing, certification, or 

quarantine under the regulations. We 

are proposing to amend 7 CFR 

354.1(a)(1) and 9 CFR 97.1(a) to reflect 

the hourly overtime rates that would be 

charged for fiscal years 2014 through 

2018. The table below shows the current 

and proposed hourly overtime rates. 

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22892 Federal Register / Vol. 79, No. 80 / Friday, April 25, 2014 / Proposed Rules 

TABLE 5—CURRENT AND PROPOSED OVERTIME RATES

[Per Hour] 

Outside 

employee’s 

normal tour of 

duty 

Fiscal year 

Current rate 

[Effective date 

of final rule] 

Sept. 30, 2014 

Oct. 1, 2014– 

Sept. 30, 2015 

Oct. 1, 2015– 

Sept. 30, 2016 

Oct. 1, 2016– 

Sept. 30, 2017 

Beginning 

Oct. 1, 2017 

Inspection, testing, certification, or 

quarantine of 

animals and 

animal or agricultural 

products.

Monday–Saturday and holidays.

Sundays ..........

$51 

67 

$74 

98 

$74 

98 

$75 

99 

$75 

99 

$75 

100 

Commercial airline inspection services.Monday–Saturday and holidays.41 64 64 64 65 65 

Sundays .......... 55 84 85 85 86 86 

These changes to the hourly overtime 

rates are the only substantive changes 

this proposed rule would make to the 

regulations in 7 CFR 354.1(a)(1) and 9 

CFR 97.1(a) regarding overtime rates. 

Other provisions of the overtime rates 

for inspection, laboratory testing, 

certification, and quarantine services 

performed outside of an employee’s 

normal tour of duty would continue to 

apply if these proposed overtime rates 

were made effective. 

In addition to those overtime fees 

described above, APHIS also charges 

user fees for certain other services. The 

regulations in 7 CFR part 354 and 9 CFR 

part 130 set out user fees for other 

inspection and quarantine services 

provided by APHIS for the import and 

export of plants, plant products, 

animals, animal byproducts, or other 

regulated commodities or articles. The 

user fees would not be affected by the 

overtime rate changes proposed in this 

rule. However, users who request 

import- or export-related services that 

are covered by flat rate user fees on a 

Sunday, holiday, or any time outside of 

an employee’s normal tour of duty, and 

who are subject to the overtime rates set 

forth in 7 CFR 354.1 or 9 CFR 97.1, 

would be charged the hourly overtime 

rate changes proposed in this rule, in 

addition to the flat rate user fees. The 

overtime rates charged to users who 

request flat rate user fee services are set 

out in the table in 9 CFR 130.50(b)(3)(i). 

We would, therefore, amend the table in 

§ 130.50(b)(3)(i) to reflect the overtime 

rates in proposed 7 CFR 354.1 and 9 

CFR 97.1. 

Department of Homeland Security 

Inspection Overtime Fees 

We are also proposing to include 

language in 7 CFR 354.1, 9 CFR 97.1, 

and 9 CFR 130.50 to clarify that any 

agricultural inspection performed by an 

employee of the Department of 

Homeland Security (DHS) Bureau of 

Customs and Border Protection 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. This action is necessary 

because the costs associated with such 

DHS inspections may differ from those 

incurred by APHIS, therefore, varying 

overtime charges may apply in such 

circumstances in order for DHS to 

properly recover costs and adequately 

fund program operations. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This proposed 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. 

We have prepared an initial 

regulatory flexibility analysis that 

examines the potential economic effects 

of this proposed rule on small entities, 

as required by the Regulatory Flexibility 

Act. The economic analysis is 

summarized below. Copies of the full 

analysis are available by contacting the 

person listed under FOR FURTHER

INFORMATION CONTACT or on the 

Regulations.gov Web site (see 

ADDRESSES above for instructions for 

accessing Regulations.gov). 

Based on the information we have, 

there is no reason to conclude that 

adoption of this proposed rule would 

result in any significant economic effect 

on a substantial number of small 

entities. However, we do not currently 

have all of the data necessary for a 

comprehensive analysis of the effects of 

this proposed rule on small entities. 

Therefore, we are inviting comments on 

potential effects. In particular, we are 

interested in determining the number 

and kind of small entities that may 

incur benefits or costs from the 

implementation of this proposed rule. 

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 proposed rule would 

amend the user fees for reimbursable 

overtime user fees to reflect increases in 

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 work other than 

inspection of a commercial aircraft 

outside the employee’s regular tour of 

duty, and $67 per hour per employee for 

work other than inspection of a 

commercial aircraft that is performed on 

Sundays outside the employee’s regular 

tour of duty. APHIS charges $55 per 

hour per employee for inspection of a 

commercial aircraft performed outside 

of the employee’s normal tour of duty 

on a Sunday, and $41 per hour per 

employee for inspection of a 

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Federal Register / Vol. 79, No. 80 / Friday, April 25, 2014 / Proposed Rules 22893 

commercial aircraft performed outside 

of the regularly established hours of 

service on a holiday or any other period. 

This proposed rule change would 

establish hourly overtime rates for each 

of the fiscal years 2014 through 2018. 

These rates would increase over a 5-year 

period by $24 for regular work other 

than inspection of a commercial aircraft, 

by $33 for Sunday work other than 

inspection of a commercial aircraft, by 

$24 for regular inspection of a 

commercial aircraft, and by $31 for 

Sunday inspection of a commercial 

aircraft. 

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 7 CFR part 

3015, subpart V.) 

Executive Order 12988 

This proposed rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. If this proposed rule is 

adopted: (1) No retroactive effect will be 

given to this rule; and (2) administrative 

proceedings will not be required before 

parties may file suit in court challenging 

this rule. 

Paperwork Reduction Act 

This proposed 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 propose to amend 7 

CFR part 354 and 9 CFR parts 97 and 

130 as follows: 

Title 7 

PART 354—OVERTIME SERVICES 

RELATING TO IMPORTS AND 

EXPORTS; AND USER FEES 

■ 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. 

■ 2. Section 354.1 is amended as 

follows: 

■ a. By revising paragraph (a)(1) 

introductory text, including the table. 

■ 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. 

■ c. By revising the table in paragraph 

(a)(1)(iii). 

■ 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. 

■ e. By adding paragraph (a)(3). 

■ 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: 

§ 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

Outside the employee’s normal tour of duty 

Overtime rates (per hour) 

[Effective date 

of final rule]– 

Sept. 30, 2014 

Oct. 1, 2014– 

Sept. 30, 2015 

Oct. 1, 2015– 

Sept. 30, 2016 

Oct. 1, 2016– 

Sept. 30, 2017 

Beginning 

Oct. 1, 2017 

Monday through Saturday and holidays .............................. $74 $74 $75 $75 $75 

Sundays ............................................................................... 98 98 99 99 100 

* * * * * (iii) * * * 

OVERTIME FOR COMMERCIAL AIRLINE INSPECTION SERVICES 1

Outside the employee’s normal tour of duty 

Overtime rates (per hour) 

[Effective date 

of final rule]– 

Sept. 30, 2014 

Oct. 1, 2014– 

Sept. 30, 2015 

Oct. 1, 2015– 

Sept. 30, 2016 

Oct. 1, 2016– 

Sept. 30, 2017 

Beginning 

Oct. 1, 2017 

Monday through Saturday and holidays .............................. $64 $64 $64 $65 $65 

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22894 Federal Register / Vol. 79, No. 80 / Friday, April 25, 2014 / Proposed Rules 

1For designated ports of entry for certain animals, 

animal semen, poultry, and hatching eggs, see 

§§ 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 §§ 151.1 

through 151.3 of this chapter. 

OVERTIME FOR COMMERCIAL AIRLINE INSPECTION SERVICES 1—Continued 

Outside the employee’s normal tour of duty 

Overtime rates (per hour) 

[Effective date 

of final rule]– 

Sept. 30, 2014 

Oct. 1, 2014– 

Sept. 30, 2015 

Oct. 1, 2015– 

Sept. 30, 2016 

Oct. 1, 2016– 

Sept. 30, 2017 

Beginning 

Oct. 1, 2017 

Sundays ............................................................................... 84 85 85 86 86 

1These 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 established and 

charged according to the provisions of 

this section, 5 CFR part 551, or 19 CFR 

24.16. 

* * * * * 

Title 9 

PART 97—OVERTIME SERVICES 

RELATING TO IMPORTS AND 

EXPORTS 

■ 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. 

■ 4. Section 97.1 is amended as follows: 

■ a. By revising paragraph (a) 

introductory text, including the table. 

■ 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. 

■ c. By revising the table in paragraph 

(a)(3). 

■ d. By adding paragraph (a)(4). 

■ e. In paragraphs (a) introductory text, 

(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: 

§ 97.1 Overtime work at laboratories, 

border ports, ocean ports, and airports.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) 

[Effective date 

of final rule]– 

Sept. 30, 2014 

Oct. 1, 2014– 

Sept. 30, 2015 

Oct. 1, 2015– 

Sept. 30, 2016 

Oct. 1, 2016– 

Sept. 30, 2017 

Beginning 

Oct. 1, 2017 

Monday through Saturday and holidays .............................. $74 $74 $75 $75 $75 

Sundays ............................................................................... 98 98 99 99 100 

* * * * * (3) * * * 

OVERTIME FOR COMMERCIAL AIRLINE INSPECTION SERVICES 1

Outside the employee’s normal tour of duty 

Overtime rates (per hour) 

[Effective date 

of final rule]– 

Sept. 30, 2014 

Oct. 1, 2014– 

Sept. 30, 2015 

Oct. 1, 2015– 

Sept. 30, 2016 

Oct. 1, 2016– 

Sept. 30, 2017 

Beginning 

Oct. 1, 2017 

Monday through Saturday and holidays .............................. $64 $64 $64 $65 $65 

Sundays ............................................................................... 84 85 85 86 86 

1These 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 established and 

charged according to the provisions of 

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Federal Register / Vol. 79, No. 80 / Friday, April 25, 2014 / Proposed Rules 22895 

this section, 5 CFR part 551, or 19 CFR 

24.16. 

* * * * * 

PART 130—USER FEES 

■ 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. 

■ 6. Section 130.50 is amended as 

follows: 

■ a. In paragraph (b)(3) introductory 

text, by removing the words ‘‘or (ii)’’ 

and adding the words ‘‘, (ii), or (iii)’’ in 

their place. 

■ b. By revising the table in paragraph 

(b)(3)(i). 

■ c. By adding paragraph (b)(3)(iii). 

The addition and revision read as 

follows: 

§ 130.50 Payment of user fees. 

* * * * * 

(b) * * * 

(3) * * * 

(i) * * * 

OVERTIME FOR FLAT RATE USER FEES 1 2

Outside of the 

employee’s 

normal tour of 

duty 

Overtime rates (per hour) 

[Effective date 

of final rule]– 

Sept. 30, 2014 

Oct. 1, 2014– 

Sept. 30, 2015 

Oct. 1, 2015– 

Sept. 30, 2016 

Oct. 1, 2016– 

Sept. 30, 2017 

Beginning 

Oct. 1, 2017 

Rate for inspection, testing, certification or quarantine of animals, 

animal products or other commodities.3

Monday–Saturday 

and holidays.

Sundays ...............

$74 

98 

$74 

98 

$75 

99 

$75 

99 

$75 

100 

Rate for commercial airline inspection 

services.4

Monday–Saturday 

and holidays.

64 64 64 65 65 

Sundays ............... 84 85 85 86 86 

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. 2When the 2-hour minimum applies, you may need to pay commuted travel time. (See § 97.1(b) of this chapter for specific information about 

commuted travel time.) 3See § 97.1(a) of this chapter or 7 CFR 354.3 for details. 

4See § 97.1(a)(3) of this chapter for details. 

* * * * * 

(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 21st day of 

April 2014. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2014–09463 Filed 4–24–14; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 354 

[Docket No. APHIS–2013–0021] 

RIN 0579–AD77 

User Fees for Agricultural Quarantine 

and Inspection Services 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: We are proposing to amend 

the user fee regulations by adding new 

fee categories and adjusting current fees 

charged for certain agricultural 

quarantine and inspection services that 

are 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. We are also 

proposing to adjust or remove the fee 

caps associated with commercial trucks, 

commercial vessels, and commercial 

railcars. We have determined that 

revised user fee categories and revised 

user fees are necessary to recover the 

costs of the current level of activity, to 

account for actual and projected 

increases in the cost of doing business, 

and to more accurately align fees with 

the costs associated with each fee 

service. 

DATES: We will consider all comments 

that we receive on or before June 24, 

2014. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/ 

#!docketDetail;D=APHIS-2013-0021. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2013–0021, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road Unit 118, 

Riverdale, MD 20737–1238. 

Supporting documents and any 

comments we receive on this docket 

may be viewed at http:// 

www.regulations.gov/ 

#!docketDetail;D=APHIS-2013-0021 or 

in our reading room, which is located in 

room 1141 of the USDA South Building, 

14th Street and Independence Avenue 

SW., Washington, DC. Normal reading 

room hours are 8 a.m. to 4:30 p.m., 

Monday through Friday, except 

holidays. To be sure someone is there to 

help you, please call (202) 799–7039 

before coming. 

FOR FURTHER INFORMATION CONTACT: For 

information concerning program 

operations, contact Mr. William E. 

Thomas, Senior Agriculturist, Office of 

the Deputy Administrator, PPQ, APHIS, 

4700 River Road Unit 130, Riverdale, 

MD 20737 1231; (301) 851–2306. For 

information concerning rate 

development, contact Mr. Michael 

Peranio, Chief, User Fees, Financial 

Services Branch, FMD, MRPBS, APHIS, 

4700 River Road Unit 55, Riverdale, MD 

20737; (301) 851–2852. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 2509(a) of the Food, 

Agriculture, Conservation, and Trade 

(FACT) Act of 1990 (21 U.S.C. 136a) 

authorizes the Animal and Plant Health 

Inspection Service (APHIS) to collect 

user fees for certain agricultural 

quarantine and inspection (AQI) 

services. The FACT Act was amended 

on April 4, 1996, and May 13, 2002. 

The FACT Act, as amended, 

authorizes APHIS to collect user fees for 

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