[Federal Register Volume 67, Number 77 (Monday, April 22, 2002)]
[Proposed Rules]
[Pages 19524-19534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9827]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 67, No. 77 / Monday, April 22, 2002 / 
Proposed Rules  

[[Page 19524]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 354

9 CFR Parts 97 and 130

[Docket No. 00-087-1]


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 animals, 
poultry, animal byproducts, germ plasm, organisms, vectors, plants, 
plant products, or other 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 2002 through 2006 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 make several nonsubstantive changes to the 
regulations that correct errors or inconsistencies.

DATES: We invite you to comment on this docket. We will consider all 
comments we receive that are postmarked, delivered, or e-mailed by June 
21, 2002.

ADDRESSES: You may submit comments by postal mail/commercial delivery 
or by e-mail. If you use postal mail/commercial delivery, please send 
four copies of your comment (an original and three copies) to: Docket 
No. 01-087-1, Regulatory Analysis and Development, PPD, APHIS, Station 
3C71, 4700 River Road, Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. 01-087-1. If you use e-mail, 
address your comment to [email protected]. Your comment must 
be contained in the body of your message; do not send attached files. 
Please include your name and address in your message and ``Docket No. 
01-087-1'' on the subject line.
    You may read any comments that we receive on this docket in our 
reading room. The reading room 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) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: For information concerning 
Agricultural Quarantine and Inspection program operations, contact Mr. 
Colonel Locklear, Senior Staff Officer, PPQ, APHIS, 4700 River Road, 
Unit 60, Riverdale, MD 20737-1236; (301) 734-8372.
    For information concerning Veterinary Services program operations, 
contact Dr. Karen James-Preston, Assistant Director, Technical Trade 
Services, National Center for Import and Export, VS, APHIS, 4700 River 
Road, Unit 40, Riverdale, MD 20737-1236; (301) 734-3261.
    For information concerning user fee development, contact Ms. Kris 
Caraher, Accountant, User Fees Section, MRPBS, APHIS, 4700 River Road 
Unit 54, Riverdale, MD 20737-1231; (301) 734-8351.

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 hourly overtime rates for inspection, 
laboratory testing, certification or quarantine services since the 
publication in the Federal Register of a final rule on June 10, 1993 
(58 FR 32433-32434, Docket No. 91-196-2). That rule increased overtime 
rates proportionate to, and as a result of, a January 1992 pay raise 
for Federal employees, which resulted in increased costs for the 
retirement system, health insurance, and travel, as well as increased 
costs associated with billing and collection. The June 1993 increase in 
overtime rates allowed APHIS to recover the costs of providing overtime 
services.
    Based on changes to the costs associated with providing inspection, 
laboratory testing, certification, and quarantine services outside of 
an employee's normal tour of duty, 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 (FY) 2002 through 2006; the FY 
2002 rates would become effective on the date specified in the final 
rule, the FY 2003 through FY 2006 rates would become effective on the 
first day of each of the fiscal years, and the FY 2006 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, 2005 (the 
beginning of FY 2006). 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,

[[Page 19525]]

certification, and quarantine services for that particular fiscal year.
    This proposed rule would amend the regulations by:
    1. Establishing hourly overtime rates for each of the fiscal years 
2002 through 2006 that are charged to a 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 
2002 through 2006 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 recover 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 regularly established hours of 
service. 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, agency/management support costs, and central/
departmental charges.
    To calculate the proposed overtime rates, we identified and 
projected the direct costs in each of the fiscal years 2002 through 
2006 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 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
----------------------------------------------------------------------------------------------------------------
                                  Effective date
                                  of final rule-   Oct. 1, 2002-   Oct. 1, 2003-   Oct. 1, 2004-  Beginning Oct.
         Cost components          Sept. 30, 2002  Sept. 30, 2003  Sept. 30, 2004  Sept. 30, 2005      1, 2005
 
----------------------------------------------------------------------------------------------------------------
Direct cost components:
    Employee's salary...........          $31.75          $32.58          $33.69          $34.83          $36.02
    Night differential..........            0.09            0.09            0.10            0.10            0.10
    Hospital insurance tax......            0.48            0.49            0.51            0.52            0.54
    FICA........................            1.28            1.32            1.36            1.41            1.46
Indirect cost components:
    Area delivery...............            1.48            1.52            1.57            1.62            1.68
    Billing and collection......            1.35            1.39            1.44            1.49            1.54
    Program direction and                   3.71            3.80            3.93            4.07            4.20
     support....................
    Agency/management support...            2.18            2.24            2.31            2.39            2.47
    Central/department charges..            2.66            2.73            2.82            2.92            3.02
Hourly ``raw'' rate.............           44.98           46.16           47.73           49.35           51.03
Hourly rate rounded.............           45.00           46.00           48.00           49.00           51.00
Quarter hour rate...............           11.25           11.50           12.00           12.25           12.75
----------------------------------------------------------------------------------------------------------------


  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
----------------------------------------------------------------------------------------------------------------
                                  Effective date
                                  of final rule-   Oct. 1, 2002-   Oct. 1, 2003-   Oct. 1, 2004-  Beginning Oct.
         Cost components          Sept. 30, 2002  Sept. 30, 2003  Sept. 30, 2004  Sept. 30, 2005      1, 2005
 
----------------------------------------------------------------------------------------------------------------
Direct cost components:
    Employee's salary...........          $42.34          $43.44          $44.92          $46.44          $48.02
    Night differential..........            0.12            0.12            0.13            0.13            0.14
    Hospital insurance tax......            0.64            0.65            0.68            0.70            0.72

[[Page 19526]]

 
    FICA........................            1.71            1.76            1.82            1.88            1.94
Indirect cost components:
    Area delivery...............            1.97            2.02            2.09            2.16            2.24
    Billing and collection......            1.35            1.39            1.44            1.49            1.54
    Program direction and                   4.90            5.02            5.19            5.37            5.55
     support....................
    Agency/management support...            2.88            2.95            3.05            3.16            3.27
    Central/department charges..            3.52            3.61            3.73            3.86            3.99
Hourly ``raw'' rate.............           59.43           60.96           63.05           65.19           67.41
Hourly rate rounded.............           59.00           61.00           63.00           65.00           67.00
Quarter hour rate...............           14.75           15.25           15.75           16.25           16.75
----------------------------------------------------------------------------------------------------------------


   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
----------------------------------------------------------------------------------------------------------------
                                  Effective date
                                  of final rule-   Oct. 1, 2002-   Oct. 1, 2003-   Oct. 1, 2004-  Beginning Oct.
         Cost components          Sept. 30, 2002  Sept. 30, 2003  Sept. 30, 2004  Sept. 30, 2005      1, 2005
 
----------------------------------------------------------------------------------------------------------------
Direct cost components:
    Employee's salary...........          $31.75          $32.58          $33.69          $34.83          $36.02
    Night differential..........            0.09            0.09            0.10            0.10            0.10
    Hospital insurance tax......            0.48            0.49            0.51            0.52            0.54
    FICA........................            1.28            1.32            1.36            1.41            1.46
Indirect cost components:
    Area delivery...............            1.48            1.52            1.57            1.62            1.68
    Billing and collection......            1.35            1.39            1.44            1.49            1.54
    Program direction and                    N/A             N/A             N/A             N/A             N/A
     support....................
    Agency/management support...             N/A             N/A             N/A             N/A             N/A
    Central/department charges..             N/A             N/A             N/A             N/A             N/A
Hourly ``raw'' rate.............           36.43           37.39           38.67           39.97           41.34
Hourly rate rounded.............           36.00           37.00           39.00           40.00           41.00
Quarter hour rate...............            9.00            9.25            9.75           10.00           10.25
----------------------------------------------------------------------------------------------------------------


   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
----------------------------------------------------------------------------------------------------------------
                                  Effective date
                                  of final rule-   Oct. 1, 2002-   Oct. 1, 2003-   Oct. 1, 2004-  Beginning Oct.
         Cost components          Sept. 30, 2002  Sept. 30, 2003  Sept. 30, 2004  Sept. 30, 2005      1, 2005
 
----------------------------------------------------------------------------------------------------------------
Direct cost components:
    Employee's salary...........          $42.34          $43.44          $44.92          $46.44          $48.02
    Night differential..........            0.12            0.12            0.13            0.13            0.14
    Hospital insurance tax......            0.64            0.65            0.68            0.70            0.72
    FICA........................            1.71            1.76            1.82            1.88            1.94
Indirect cost components:
    Area delivery...............            1.97            2.02            2.09            2.16            2.24
    Billing and collection......            1.35            1.39            1.44            1.49            1.54
    Program direction and                    N/A             N/A             N/A             N/A             N/A
     support....................
    Agency/management support...             N/A             N/A             N/A             N/A             N/A
    Central/department charges..             N/A             N/A             N/A             N/A             N/A
Hourly ``raw'' rate.............           48.13           49.38           51.08           52.80           54.60
Hourly rate rounded.............           48.00           49.00           51.00           53.00           55.00
Quarter hour rate...............           12.00           12.25           12.75           13.25           13.75
----------------------------------------------------------------------------------------------------------------

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 weighted average salary of 
GS-10 step 1 at all locations that provided these services during FY 
2002 to obtain a weighted average salary of $44,181 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 $44,181 by 2,087 employee hours per year to obtain 
the average employee's salary amount of $21.17 per hour during normal 
tour of duty hours.
    An APHIS employee is paid 1 1/2 times the normal employee's salary 
for services performed outside of his or her

[[Page 19527]]

normal tour of duty on Saturdays, holidays, or weekdays, and is paid 
twice the normal employee's salary for those services performed outside 
of his or her normal tour of duty on Sundays. Therefore, we multiplied 
the average employee's salary of $21.17 per hour by 1.5 to obtain the 
FY 2002 employee's salary of $31.75 per hour for work performed outside 
of an employee's normal tour of duty on Saturdays, holidays, and 
weekdays. We also multiplied the average employee's hourly salary by 
two to obtain the FY 2002 employee's salary of $42.34 per hour for 
those services performed outside of an employee's normal tour of duty 
on Sundays.
    To account for anticipated increases in the cost of living during 
FYs 2003 through 2006, we added the 2.6 percent cost of living increase 
for FY 2003 and the 3.4 percent cost of living increases for FYs 2004 
through 2006 that were projected in the President's Budget for FY 2003.
    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 
determined the percentage of total employee salary costs attributable 
to the night differential costs during FYs 1998 through 2000. The 
actual night differential costs of $30,071 were 0.29 percent of the 
total employee salary costs of $10,517,532 during that period. This 
percentage was then applied to the employee's salary for each overtime 
rate category. For example, the night differential costs of $0.09 per 
hour for FY 2003 for work performed on a holiday, Saturday, or weekday 
outside of an employee's normal tour of duty equals the FY 2003 
employee's salary of $32.58 per hour for the same overtime rate 
category multiplied by 0.29 percent.
    Personal Benefits. The personal benefits portion of the overtime 
rates 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 
(OASDI), 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 they are 
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 personal 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 determined the percentage of total employee salary costs 
attributable to the hospital insurance tax costs during FYs 1998 
through 2000. The actual hospital insurance tax costs of $158,247 were 
1.5 percent of the total employee salary costs of $10,517,532 during 
that period. This percentage was then applied to the employee's salary 
for each overtime rate category. For example, the hospital insurance 
tax amount of $0.49 per hour for FY 2003 for work performed by an 
employee on Saturdays, holidays, or weekdays outside of his or her 
normal tour of duty equals the FY 2003 employee's salary of $32.58 per 
hour for the same overtime rate category multiplied by 1.5 percent.
    Similarly, to obtain the FICA portion of the overtime rates, we 
determined the percentage of total employee salary costs attributable 
to the FICA costs during FYs 1998 through 2000. The actual FICA costs 
of $425,118 was 4.04 percent of the total employee salary costs of 
$10,517,532 during that period. This percentage was then applied to the 
employee's salary for each overtime rate category. For example, the 
FICA amount of $1.32 per hour for FY 2003 for work performed on 
Saturdays, holidays, or weekdays by an employee outside of his or her 
normal tour of duty equals the FY 2003 employee's salary of $32.58 per 
hour for the same overtime rate category multiplied by 4.04 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 
determined the percentage of total employee salary costs attributable 
to the area delivery costs during FYs 1998 through 2000. The actual 
area delivery costs of $490,117 were 4.66 percent of the total employee 
salary costs of $10,517,532 during that period. This percentage was 
then applied to the employee's salary for each overtime rate category. 
For example, the area delivery amount of $1.52 per hour for FY 2003 for 
work performed on a holiday, Saturday, or weekday outside of an 
employee's normal tour of duty equals the FY 2003 employee's salary of 
$32.58 per hour for the same overtime rate category multiplied by 4.66 
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 actual billings and collections costs for 
fiscal years 2002 through 2006 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, 
certification, or quarantine services performed by an APHIS employee on 
a Sunday, holiday, or at 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.
    Program Direction and Support. Program direction and support 
consists of management support at APHIS' headquarters and includes the 
costs of management support staff, directors'

[[Page 19528]]

offices, and regional offices. We used the APHIS standard overhead rate 
of 10.17 percent for program support net costs.
    Agency/Management Support. Agency/management 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 of total costs.
    Central/Department Charges. This component includes APHIS' share, 
expressed as a percentage of the total cost, of services provided 
centrally by the United States Department of Agriculture (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 6.29 
percent.
    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 2002 through 
2006. The table below shows the current and proposed hourly overtime 
rates.

                                                Table 5.--Current and Proposed Overtime Rates (per Hour)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                    Fiscal year
                                                         -----------------------------------------------------------------------------------------------
                                     Outside employee's                   Effective Date
                                     normal tour of duty                  of Final Rule-   Oct. 1, 2002-   Oct. 1, 2003-   Oct. 1, 2004-  Beginning Oct.
                                                              Current     Sept. 30, 2002  Sept. 30, 2003  Sept. 30, 2004  Sept. 30, 2005      1, 2005
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection, testing,                Monday-Saturday and           $37.84          $45.00          $46.00          $48.00          $49.00          $51.00
 certification, or quarantine of     holidays.                     47.96           59.00           61.00           63.00           65.00           67.00
 animals and animal or              Sundays.............
 agricultural products.
Commercial airline inspection       Monday-Saturday and            30.64           36.00           37.00           39.00           40.00           41.00
 services.                           holidays.                     39.36           48.00           49.00           51.00           53.00           55.00
                                    Sundays.............
--------------------------------------------------------------------------------------------------------------------------------------------------------

    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 Sec. 130.50(b)(3)(i) to reflect the overtime rates in proposed 
7 CFR 354.1 and 9 CFR 97.1.

Miscellaneous

    We are also proposing to reorganize several user fees listed in the 
table in 9 CFR 130.7. In a final rule published on August 28, 2000 (65 
FR 51997-52010, Docket No. 97-058-2), and effective October 1, 2000, we 
reorganized the user fees listed in the table in Sec. 130.7 by 
alphabetizing those user fees for animals transiting the United States. 
The original organization used prior to the August 2000 final rule 
presented these user fees in a more reader-friendly format. Therefore, 
we are proposing to amend the table in Sec. 130.7 by returning to the 
original organization of the user fees for animals transiting the 
United States.
    We are also proposing to correct a section reference within 9 CFR 
130.20. In the August 2000 final rule cited in the previous paragraph, 
we consolidated all the hourly and premium hourly rate user fees for 
import and export services into one new section, Sec. 130.30. As a 
result, several sections were removed and reserved, including 
Sec. 130.21. When we made that change, however, we failed to update an 
internal reference to Sec. 130.21 within Sec. 130.20 to reflect the 
consolidation of those user fees into one section. We are, therefore, 
proposing to amend Sec. 130.20 to correct that error.
    Additionally, we are proposing to use both feminine and masculine 
pronouns when referring to APHIS employees in 7 CFR 354.1 and 9 CFR 
97.1. Both masculine and feminine pronouns, such as ``he or she'' or 
``him or her,'' are commonly used in reference to individuals not 
otherwise identified as specifically male or female and appear as such 
elsewhere in our regulations. Updating these references will make the 
regulations in 7 CFR 354.1 and 9 CFR

[[Page 19529]]

97.1 more consistent and gender inclusive.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
For this action, the Office of Management and Budget has waived its 
review process required by Executive Order 12866.
    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 vary depending on 
when and what type of services are performed. There is one overtime 
rate schedule for services provided on Sundays and another schedule for 
overtime services provided on Saturdays, holidays, and weekdays outside 
the employee's regular tour of duty. Owners and operators of aircraft, 
however, are subject to different overtime rate schedules.
    Currently, APHIS charges $39.36 per hour per employee for services 
provided to owners and operators of aircraft outside of the regularly 
established hours of service on a Sunday, and $30.64 per hour per 
employee for services provided to owners and operators of aircraft 
outside the employee's regular tour of duty on a holiday or any other 
period. APHIS charges $47.96 per hour per employee for those services 
performed at the request of all users except owners and operators of 
aircraft on Sundays, and $37.84 per hour per employee for services 
performed at the request of all users except owners or operators of 
aircraft on a holiday or any other time outside the employee's regular 
tour of duty.
    This proposed rule covers future overtime rates for inspection, 
laboratory testing, certification, or quarantine services performed by 
an employee outside of his or her regularly scheduled tour of duty. 
Publishing rate changes in advance would allow users of APHIS' services 
to incorporate the overtime rates into their budget planning. Table 5, 
shown above, lists the proposed overtime rates for fiscal years 2002 
through 2006.
    The current hourly overtime rates for inspection, laboratory 
testing, certification and quarantine services were made effective June 
13, 1993 (58 FR 32433-32434, Docket No. 91-196-2). The proposed changes 
to the current overtime rates are intended to allow APHIS to recover 
cost increases associated with the provision of overtime services 
subsequent to that rule.
    The percentage increase in hourly overtime rates for FY 2002 over 
the current overtime rates is shown in the table below. Because the 
proposed overtime rates for FY 2002 (October 1, 2001 through September 
30, 2002) reflect cost increases incurred since 1993, the increase in 
overtime rates is highest for this year. The following table also lists 
the average annual percentage increase in the proposed overtime rates 
from FY 2002 through FY 2006.

----------------------------------------------------------------------------------------------------------------
                                   Outside of                                     Increase FY 02  Average annual
                                   employee's     Current hourly   FY 02 hourly      rate over     increase for
         Rate category           normal tour of    overtime rate   overtime rate   current rate      FY 02-06
                                      duty                                           (percent)       (percent)
----------------------------------------------------------------------------------------------------------------
Inspection, testing,            Monday-Saturday           $37.84          $45.00            18.9             3.2
 certification, or quarantine    and holidays.             47.96           59.00            23.0             3.3
 of animals and animal or       Sundays.........
 agricultural products.
Commercial airline inspections  Monday-Saturday            30.64           36.00            17.5             3.3
 services.                       and holidays.             39.36           48.00            22.0             3.5
                                Sundays.........
----------------------------------------------------------------------------------------------------------------

    Overtime services performed for all users except owners and 
operators of aircraft outside of regularly scheduled hours of operation 
on Monday through Saturday or on holidays account for three-fourths of 
all overtime hours. During FY 1998 through 2000, overtime services 
performed for all users except owners and operators of aircraft outside 
of regularly scheduled hours of operation on Monday through Saturday or 
on holidays averaged 286,749 hours per year, or 76 percent of all 
overtime hours. The average hours of overtime services performed 
annually during fiscal years 1998 through 2000 for each overtime rate 
category are shown below, along with each rate category's percentage of 
that total.

----------------------------------------------------------------------------------------------------------------
                                                                                  Average annual
                Rate category                  Outside of employee's normal tour  overtime hours   Percentage of
                                                            of duty                 (FY 98-00)         total
----------------------------------------------------------------------------------------------------------------
Inspection, testing, certification, or         Monday-Saturday and holidays.....         286,749              76
 quarantine of animals and animal or           Sundays..........................          28,165               7
 agricultural products.
Commercial airline inspection services.......  Monday-Saturday and holidays.....          45,857              12
                                               Sundays..........................          18,398               5
                                              ------------------------------------------------------------------
    Total....................................  .................................         379,169             100
----------------------------------------------------------------------------------------------------------------

    Because the number of overtime hours in each rate category is 
unknown for FY 2002 and beyond, the impact of this proposed rule on 
APHIS' revenues in those years is also unknown. Total overtime hours 
for all rate categories combined have shown a steady increase from 
341,336 hours in FY 1998 to 390,600 hours in FY 1999 and 405,570 hours 
in FY 2000. This increase would suggest that the use of overtime 
services will continue to increase in the future, especially given that 
world trade is also likely to increase. In this regard, it is unlikely 
that demand for overtime services will lessen as a result of the 
proposed rate increases.
    Furthermore, we do not anticipate users of APHIS' services to alter 
their planned imports and exports in order to avoid the proposed 
overtime rates, given the low value in absolute dollar terms of the 
rate increases. In none of the four

[[Page 19530]]

categories, for example, does the increase in rates exceed $11.04 in 
any one year. The average annual increase in overtime rates between the 
current rate and the rate for FY 2006 is only $2.63 for all users of 
overtime services, except for commercial airline inspection services, 
that are performed outside of regularly scheduled hours of operation on 
Monday through Saturday or on holidays.\1\ This overtime rate category 
accounts for three-fourths of all overtime hours. In many cases, these 
proposed overtime rate increases for inspection, laboratory testing, 
certification, or quarantine services performed outside of an 
employee's normal tour of duty represent only a small portion of the 
dollar value of the plants, animals, or other commodities for which 
they are performed. For example, the purchase and import of a breeding-
grade animal into the United States can range between $1,500 and $5,000 
per head, an amount that would suggest that the proposed overtime rate 
increases would be a relatively insignificant factor in an importer's 
decision regarding if and when an animal should be imported. Indeed, 
the average annual increase in overtime rates through FY 2006 of $2.63 
for users of overtime services, except for commercial airline 
inspection services, that are performed on weekdays and Saturdays or on 
holidays is equivalent to less than 1 percent of the value of an animal 
worth $2,000.
---------------------------------------------------------------------------

    \1\ Users of APHIS' services during overtime periods are 
typically charged for between 3 and 6 hours of overtime per service 
request. As a practical matter, therefore, the actual impact for 
users of each service request would typically be 3 to 6 times the 
rate increase for 1 hour of overtime service. However, the year-to-
year hourly overtime rate increases are so low in absolute dollar 
terms that these rate increases should not cause most users to alter 
their planned imports and exports.
---------------------------------------------------------------------------

    Assuming that annual overtime hours in fiscal years 2002 through 
2006 match those for fiscal year 2000 (October 1, 1999, through 
September 30, 2000), this proposed rule would generate about $19 
million in additional revenues over that generated under the current 
rates for APHIS over the 5-year period, as is shown in the table 
below.\2\ The additional revenue generated by the changes in the hourly 
overtime rates corresponds to cost increases associated with providing 
inspection, laboratory testing, certification and quarantine services 
on Sundays, holidays, or at any other time outside an employee's normal 
tour of duty, and will allow APHIS to recover the full cost of 
providing these services.
---------------------------------------------------------------------------

    \2\ Because this proposed rule is being published after the 
start of FY 2002, the FY 2002 column of the table projects 
additional revenues for only half of that fiscal year, assuming that 
the number of overtime hours would be spread evenly throughout the 
year. For FY 2002, therefore, we used one-half the number of annual 
overtime hours worked during FY 2000 to calculate the additional 
revenue generated by the proposed overtime rates over the current 
rates.

                                 Additional revenues From Proposed Rates.--Based on FY 2000 Overtime Hours (in Millions)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Effective date
                                         Outside of       of final rule-   Oct. 1, 2002-   Oct. 1, 2002-   Oct. 1, 2004-   Oct. 1, 2005-
           Rate category              employee's normal   Sept. 30, 2002   Sept 30, 2003  Sept. 30, 2004  Sept. 30, 2005  Sept. 30, 2006       Total
                                        tour of duty
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection, testing,                Monday-Saturday and            $1.13           $2.57           $3.20           $3.51           $4.14          $14.55
 certification, or quarantine of     holidays.                      0.16            0.37            0.43            0.49            0.54            1.99
 animals and animal or              Sundays.............
 agricultural products.
Commercial airline inspection       Monday-Saturday and             0.12            0.28            0.37            0.41            0.46            1.64
 services.                           holidays.                      0.08            0.18            0.22            0.25            0.29            1.02
                                    Sundays.............
                                   ---------------------------------------------------------------------------------------------------------------------
    Total.........................  ....................           $1.49           $3.40           $4.22           $4.66           $5.43          $19.20
--------------------------------------------------------------------------------------------------------------------------------------------------------

    This proposed rule has the potential to affect any private 
individual or business entity dealing with plants, animals, poultry, 
germ plasm, animal products, organisms, vectors, aquaculture, or the 
testing of these items, including importers, exporters, brokers, 
dealers, animal exhibitors, laboratories, universities, and individuals 
who travel with their pets. Affected individuals and entities would 
incur higher costs. The number of individuals and businesses that could 
be adversely affected by this proposed action would depend on the 
ability of any one individual or business entity to absorb the 
increased costs or pass them on. This information is not available.\3\ 
However, in many cases, some entities that pay overtime fees to APHIS, 
such as brokers, would be unaffected because they are able to pass 
those fees on to their clients. Furthermore, the amount of the proposed 
overtime rate increases, both in absolute dollar terms and in 
percentage terms of the dollar value of the affected plants or animals, 
suggest that the impact on most individuals and entities would be 
minimal.
---------------------------------------------------------------------------

    \3\ Even if a list of the current users of APHIS' services 
during overtime hours were available, those users may be unwilling, 
for proprietary reasons, to provide the financial date needed to 
assess their ability to absorb the increased costs.
---------------------------------------------------------------------------

Small Entity Impact

    The Regulatory Flexibility Act requires that agencies consider the 
economic impact of their rules on small entities, such as small 
businesses, organizations, and governmental jurisdictions. All entities 
affected by the proposed overtime rate increases, both large and small, 
would incur higher costs.
    It is reasonable to assume that most businesses affected by this 
proposed rule are small in size. This is because most U.S. businesses 
in general are small, based on the standards of the U.S. Small Business 
Administration (SBA). In 1997, for example, there were 5,769 U.S. firms 
in NAICS 541710, a classification comprised of firms primarily engaged 
in conducting research and experimental development in the physical, 
engineering, or life sciences, including agriculture and veterinary 
subjects. Of those 5,769 firms, 4,607 were in operation for all of 1997 
and, of those, all but 28 had fewer than 500 employees, the SBA's small 
entity criterion for firms in that NAICS category.\4\ Accordingly, most 
of the businesses potentially affected by this proposed rule are likely 
to be small in size. However, for the reasons discussed above, the 
proposed overtime rate increases would not have a significant economic 
impact on those businesses.
---------------------------------------------------------------------------

    \4\ Source: SBA and U.S. Census Bureau.

---------------------------------------------------------------------------

[[Page 19531]]

Alternatives

    One alternative to this proposed rule would be to make no changes 
to the current overtime rates for inspection, laboratory testing, 
certification, or quarantine services performed by an employee on a 
Sunday or holiday or any time outside of his or her regular tour of 
duty. We do not consider leaving the current overtime rates unchanged a 
reasonable alternative because we would not recover the full cost for 
providing these services during overtime periods. This alternative 
would place the burden of increased costs for overtime services on the 
general taxpayer instead of the users of those services.
    Another alternative to this proposed rule would be to either exempt 
small businesses from the overtime rate increases or establish a 
different overtime rate schedule for small businesses. Every business, 
including small businesses, using a government service needs to pay the 
cost of that service, rather than having other businesses pay a 
disproportionate share or having those costs passed on to the general 
public. Therefore, we do not consider exempting small businesses from 
these overtime rates or establishing a different user fee schedule for 
small businesses a viable option because it would not allow for the 
full recovery of our costs from all users of the overtime services.

Cost-Benefit Analysis

    The benefit of user fees is the shift in the payment for services 
from taxpayers as a whole to those persons who are receiving the 
government service. While taxes may not change by the same amount as 
the change in user fee collections, there is a related shift in the 
appropriation of taxes to government programs that allows those tax 
dollars to be applied to other programs that benefit the public. 
Therefore, there would be a relative savings to taxpayers as a result 
of the proposed rule.
    The administrative cost involved in obtaining these savings would 
be minimal. APHIS already has a user fee program and a mechanism for 
collecting user fees in place; this proposed rule would simply update 
the existing fees in that system. Accordingly, increases in 
administrative costs would be small. Because the savings to taxpayers 
are sufficiently large and the administrative costs would be small, it 
is likely that the net gain in reducing the burden on taxpayers as a 
whole would outweigh the cost of administering the user fee program 
with the updated user fees contained in this proposed rule.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

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) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) 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

    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--[Amended]

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

    1. The authority citation for part 354 would be revised to read as 
follows:

    Authority: 7 U.S.C. 2260; 21 U.S.C. 136 and 136a; 49 U.S.C. 
80503; 7 CFR 2.22, 2.80, and 371.3.

    2. In Sec. 354.1, paragraph (a) would be amended as follows:
    a. By revising the introductory text of paragraph (a)(1).
    b. By revising paragraph (a)(1)(iii).
    c. In paragraph (a)(2), by revising the first sentence.


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 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 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) 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     (Effective                                     Oct. 1, 2004-  Beginning Oct.
          tour of duty             Date of Final   Oct. 1, 2002-   Oct. 1, 2003-  Sept. 30, 2005      1, 2005
                                    Rule)-Sept.   Sept. 30, 2003  Sept. 30, 2004
                                     30, 2002
----------------------------------------------------------------------------------------------------------------
Monday through Saturday and               $45.00          $46.00          $48.00          $49.00          $51.00
 holidays.......................
Sundays.........................           59.00           61.00           63.00           65.00           67.00
----------------------------------------------------------------------------------------------------------------


[[Page 19532]]

* * * * * * *
    (iii) The overtime rate to be charged owners or operators of 
aircraft at airports of entry or other places of inspection as a 
consequence of the operation of the aircraft, for work performed 
outside of the regularly established hours of service is listed in the 
following table:

                             Overtime for Commercial Airline Inspection Services \1\
----------------------------------------------------------------------------------------------------------------
                                                             Overtime rates (per hour)
                                 -------------------------------------------------------------------------------
  Outside the employee's normal     (Effective
          tour of duty             Date of Final   Oct. 1, 2002-   Oct. 1, 2003-   Oct. 1, 2004-  Beginning Oct.
                                    Rule)-Sept.   Sept. 30, 2003  Sept. 30, 2004  Sept. 30, 2005      1, 2005
                                     30, 2002
----------------------------------------------------------------------------------------------------------------
Monday through Saturday and               $36.00          $37.00          $39.00          $40.00          $41.00
 holidays.......................
Sundays.........................           48.00           49.00           51.00           53.00          55.00
----------------------------------------------------------------------------------------------------------------
\1\ These charges exclude administrative overhead costs.

    (2) A minimum charge of 2 hours shall be made for any Sunday or 
holiday or unscheduled overtime duty performed by an employee on a day 
when no work was scheduled for him or her, or which is performed by an 
employee on his or her regular workday beginning either at least 1 hour 
before his or her scheduled tour of duty or which is not in direct 
continuation of the employee's regular tour of duty. * * *
* * * * *

Title 9--[Amended]

PART 97--OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS

    3. The authority citation for part 97 would be revised to read as 
follows:

    Authority: 7 U.S.C. 2260; 49 U.S.C. 80503; 7 CFR 2.22, 280, and 
371.4.

    4. Section 97.1 would be amended as follows:
    a. By revising paragraph (a) introductory text, and paragraph 
(a)(3).
    b. In paragraph (b), by revising the first sentence.


Sec. 97.1  Overtime services relating to imports and exports.

    (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 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 or holiday or overtime service request the 
Animal and Plant Health Inspection Service 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), 
and (a)(3) of this section:

 Overtime for Inspection, Laboratory Testing, Certification, or Quarantine of Animals, Animal Products or Other
                                              Regulated Commodities
----------------------------------------------------------------------------------------------------------------
                                                             Overtime rates (per hour)
                                 -------------------------------------------------------------------------------
  Outside the employee's normal     (Effective
          tour of duty             Date of Final   Oct. 1, 2002-   Oct. 1, 2003-   Oct. 1, 2004-  Beginning Oct.
                                    Rule)-Sept.   Sept. 30, 2003  Sept. 30, 2004  Sept. 30, 2005      1, 2005
                                     30, 2002
----------------------------------------------------------------------------------------------------------------
Monday through Saturday and               $45.00          $46.00          $48.00          $49.00          $51.00
 holidays.......................
Sundays.........................           59.00           61.00           63.00           65.00           67.00
----------------------------------------------------------------------------------------------------------------

* * * * * * *
    (3) The overtime rate to be charged owners or operators of aircraft 
at airports of entry or other places of inspection as a consequence of 
the operation of the aircraft, for work performed outside of the 
regularly established hours of service is listed in the following 
table:

                              Overtime for Commercial Airline Inspection Services 1
----------------------------------------------------------------------------------------------------------------
                                                             Overtime rates (per hour)
                                 -------------------------------------------------------------------------------
  Outside the employee's normal     (Effective
          tour of duty             Date of Final   Oct. 1, 2002-   Oct. 1, 2003-   Oct. 1, 2004-  Beginning Oct.
                                    Rule)-Sept.   Sept. 30, 2003  Sept. 30, 2004  Sept. 30, 2005      1, 2005
                                     30, 2002
----------------------------------------------------------------------------------------------------------------
Monday through Saturday and               $36.00          $37.00          $39.00          $40.00          $41.00
 holidays.......................
Sundays.........................           48.00           49.00           51.00           53.00          55.00
----------------------------------------------------------------------------------------------------------------
\1\ These charges exclude administrative overhead costs.

    (b) A minimum charge of 2 hours shall be made for any Sunday or 
holiday or unscheduled overtime duty performed by an employee on a day 
when no work was scheduled for him or her, or which is performed by an

[[Page 19533]]

employee on his or her regular workday beginning either at least 1 hour 
before his or her scheduled tour of duty or which is not in direct 
continuation of the employee's regular tour of duty. * * *

PART 130--USER FEES

    5. The authority citation for part 130 would continue to read as 
follows:

    Authority: 5 U.S.C. 5542; 7 U.S.C. 1622; 19 U.S.C. 1306; 21 
U.S.C. 102-105, 111, 114, 114a, 134a, 134c, 134d, 134f, 136, and 
136a; 31 U.S.C. 3701, 3716, 3717, 3719, and 3720A; 7 CFR 2.22, 2.80, 
and 371.4.

    6. In Sec. 130.7, paragraph (a), the table would be revised to read 
as follows:


Sec. 130.7  User fees for import or entry services for live animals at 
land border ports along the United States-Canada border.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                     User fee
                                                                 -----------------------------------------------
          Type of live animal                     Unit             Oct. 1, 2001-   Oct. 1, 2002-
                                                                  Sept. 30, 2002  Sept. 30, 2003  Beginning Oct.
                                                                                                      1, 2003
----------------------------------------------------------------------------------------------------------------
Animals being imported into the United
 States:
Breeding animals (Grade animals,
 except horses):
    Sheep and goats...................  per head................           $0.50           $0.50           $0.50
    Swine.............................  per head................            0.75            0.75            0.75
    All others........................  per head................            3.25            3.25            3.25
Feeder animals:.......................
    Cattle (not including calves).....  per head................            1.50            1.50            1.50
    Sheep and calves..................  per head................            0.50            0.50            0.50
    Swine.............................  per head................            0.25            0.25            0.25
Horses (including registered horses),   per head................           27.00           28.00           29.00
 other than slaughter and in-transit.
Poultry (including eggs), imported for  per load................           47.00           48.00           50.00
 any purpose.
Registered animals (except horses)....  per head................            5.50            5.75            6.00
Slaughter animals (except poultry)....  per load................           24.00           24.00           25.00
Animals transiting 1 the United
 States:
    Cattle............................  per head................            1.50            1.50            1.50
    Sheep and goats...................  per head................            0.25            0.25            0.25
    Swine.............................  per head................            0.25            0.25            0.25
    Horses and all other animals......  per head................            6.50            6.75           6.75
----------------------------------------------------------------------------------------------------------------
\1\ The user fee in this section will be charged for in-transit authorizations at the port where the
  authorization services are performed. For additional services provided by APHIS, at any port, the hourly user
  fee rate in Sec.  130.30 will apply.

* * * * * * *


Sec. 130.20  [Amended]

    7. In Sec. 130.20, paragraph (b)(1) would be amended by removing 
the citation ``Sec. 130.21(a)'' and adding the citation 
``Sec. 130.30(a)'' in its place.
    8. In Sec. 130.50, paragraph (b)(3)(i), the table would be revised 
to 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     (Effective
                                                 normal tour of duty       date of final   Oct. 1, 2002-   Oct. 1, 2003-   Oct. 1, 2004-  Beginning Oct.
                                                                            rule)-Sept.   Sept. 30, 2003  Sept. 30, 2004  Sept. 30, 2005      1, 2005
                                                                             30, 2002
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rate for inspection, testing,               Monday-Saturday and holidays          $45.00          $46.00          $48.00          $49.00          $51.00
 certification or quarantine of animals,    Sundays.....................           59.00           61.00           63.00           65.00           67.00
 animal products or other commodities \3\.
Rate for commercial airline inspection      Monday-Saturday and holidays           36.00           37.00           39.00           40.00           41.00
 services \4\.                              Sundays.....................           48.00           49.00           51.00           53.00          55.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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 19534]]

* * * * *

    Done in Washington, DC, this 15th day of April 2002.
W. Ron DeHaven,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-9827 Filed 4-19-02; 8:45 am]
BILLING CODE 3410-34-U