[Federal Register Volume 67, Number 143 (Thursday, July 25, 2002)]
[Rules and Regulations]
[Pages 48519-48525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18844]



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  Federal Register / Vol. 67, No. 143 / Thursday, July 25, 2002 / Rules 
and Regulations  

[[Page 48519]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 354

9 CFR Parts 97 and 130

[Docket No. 00-087-2]


Fee Increases for Overtime Services

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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

SUMMARY: We are changing our hourly rates for Sunday, holiday, 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 
increasing 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 will allow users of APHIS' services to incorporate the rates 
into their budget planning. We are also making several nonsubstantive 
changes to the regulations that correct errors or inconsistencies.

EFFECTIVE DATE: August 11, 2002.

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, Financial Management Division, 
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, when 
these services must be provided by an Animal and Plant Health 
Inspection Service (APHIS) employee on a Sunday or on a holiday, or at 
any other time outside the APHIS employee's regular duty hours, the 
Government charges an hourly overtime fee for the services in 
accordance with 7 CFR part 354 and 9 CFR part 97.
    Based on changes to the costs associated with providing inspection, 
laboratory testing, certification, and quarantine services outside of 
an employee's normal tour of duty, we determined that adjustments to 
the overtime rates in 7 CFR part 354 and 9 CFR part 97 were necessary 
in order for APHIS to recover the full cost of providing these 
services. Therefore, we proposed to set hourly overtime rates for 
inspection, laboratory testing, certification, and quarantine services 
provided outside of an employee's normal tour of duty for fiscal years 
2002 through 2006. Our proposal was published in the Federal Register 
on April 22, 2002 (67 FR 19524-19534, Docket No. 00-087-1). The 
proposed overtime rates were based on our costs of providing the 
services, including direct labor costs, area delivery costs, billing 
and collection costs, program direction and support costs, agency/
management support costs, central/departmental charges, and a reserve 
component, plus adjustments for inflation and anticipated annual 
increases in the salaries of employees who provide the services.
    We also proposed to make the several nonsubstantive changes to the 
regulations to correct errors or inconsistencies.
    We solicited comments concerning our proposal for 60 days ending 
June 21, 2002. We did not receive any comments by that date. Therefore, 
for the reasons given in the proposed rule, we are adopting the 
proposed rule as a final rule, without change.

Effective Date

    Pursuant to the administrative procedure provisions in 5 U.S.C. 
553, we find good cause for making this rule effective less than 30 
days after publication in the Federal Register. This is a full cost 
recovery program. In order to allow for orderly implementation and 
maximum recovery of costs, the rule will be effective on August 11, 
2002, which is the beginning of a pay period. This effective date will 
provide users of overtime services with more than 2 weeks time to take 
the new rates into account in their operational and budget planning.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. For this 
action, the Office of Management and Budget has waived its review under 
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 
what type of service is performed and whether the service is performed 
on Sundays or on Saturdays, holidays, or weekdays. There is one 
overtime rate schedule for inspection, laboratory testing, 
certification, or quarantine of animals and animal or agricultural 
products or articles and another schedule for commercial airline 
inspection services.
    Prior to the effective date of this final rule, APHIS charged 
$39.36 per hour per employee for services provided to

[[Page 48520]]

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 
charged $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. 
Those rates were established in 1993.
    This final rule establishes overtime rates for inspection, 
laboratory testing, certification, or quarantine services performed by 
an employee outside of his or her regularly scheduled tour of duty for 
fiscal years 2002 through 2006. Table 1 shows the hourly overtime rates 
for fiscal years 2002 through 2006.

                                                                Table 1.--Overtime Rates
                                                                       [Per Hour]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              Outside employee's normal   Aug. 11, 2002-   Oct. 1, 2002-   Oct. 1, 2003-   Oct. 1, 2004-  Beginning Oct.
                                                    tour of duty          Sept. 30, 2002  Sept. 30, 2003  Sept. 30, 2004  Sept. 30, 2005      1, 2005
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection, testing, certification, or      Monday-Saturday and holidays          $45.00          $46.00          $48.00          $49.00          $51.00
 quarantine of animals and animal or
 agricultural products.
                                            Sundays.....................           59.00           61.00           63.00           65.00           67.00
Commercial airline inspection services....  Monday-Saturday and holidays           36.00           37.00           39.00           40.00           41.00
                                            Sundays.....................           48.00           49.00           51.00           53.00           55.00
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The percentage increase in hourly overtime rates for fiscal year 
(FY) 2002 over the overtime rates established in 1993 is shown in table 
2. Because the overtime rates for FY 2002 reflect cost increases 
incurred since 1993, the increase in overtime rates is highest for this 
year. Table 2 also lists the average annual percentage increase in the 
overtime rates from fiscal years 2002 through 2006.

                             Table 2.--Percentage Increase in Hourly Overtime Rates
----------------------------------------------------------------------------------------------------------------
                                   Outside of                                     Increase in FY
                                   employee's     Current hourly   FY 02 hourly    02 rate over   Average annual
         Rate category           normal tour of    overtime rate   overtime rate   current rate    increase for
                                      duty               *                              (%)        FY 02-06 (%)
----------------------------------------------------------------------------------------------------------------
Inspection, testing,            Monday-Saturday           $37.84          $45.00            18.9             3.2
 certification, or quarantine    and holidays.
 of animals and animal or
 agricultural products.
                                Sundays.........           47.96           59.00            23.0             3.3
Commercial airline inspections  Monday-Saturday            30.64           36.00            17.5             3.3
 services.                       and holidays.
                                Sundays.........           39.36           48.00            22.0            3.5
----------------------------------------------------------------------------------------------------------------
* ``Current hourly overtime rate'' refers to those rates established in 1993.

    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 fiscal years 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 in table 3, along with each rate 
category's percentage of that total.

                                     Table 3.--Average Annual Overtime Hours
                                        [Fiscal Years 1998 Through 2000]
----------------------------------------------------------------------------------------------------------------
                                                                                  Average annual
                 Rate category                    Outside of employee's normal    overtime hours   Percentage of
                                                          tour of duty               (FY 98-00)        total
----------------------------------------------------------------------------------------------------------------
Inspection, testing, certification, or          Monday-Saturday and holidays....         286,749              76
 quarantine of animals and animal or
 agricultural products.
                                                Sundays.........................          28,165               7
Commercial airline inspection services........  Monday-Saturday and holidays....          45,857              12
                                                Sundays.........................          18,398               5
                                                                                 -------------------------------
    Total.....................................  ................................         379,169             100
----------------------------------------------------------------------------------------------------------------


[[Page 48521]]

    Because the number of overtime hours in each rate category is 
unknown for FY 2002 and beyond, the impact of this 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 rate 
increases.
    Furthermore, we do not anticipate users of APHIS' services to alter 
their planned imports and exports in order to avoid the new overtime 
rates, given the low value in absolute dollar terms of the rate 
increases. In none of the four categories, for example, does the 
increase in rates exceed $11.04 in any one year. The average annual 
increase in overtime rates between the rate established in 1993 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\ As shown in table 3, this overtime rate 
category accounts for 76 percent of all overtime hours. In many cases, 
the 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 cost of purchasing and importing 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 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, this rule will generate 
approximately $19 million more in revenues over that 5-year period than 
would be generated under the rates established in 1993 (see table 
4).\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 rule is being published after the start of FY 
2002, the FY 2002 column of the table projects additional revenues 
for only one-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 FY 2002 overtime rates over the current rates. 
Given that this rule becomes effective with less than 6 months 
remaining in FY 2002, the actual revenues generated in FY 2002 are 
expected to be less than those indicated in the table for FY 2002.

                                 Table 4.--Additional Revenues From New Overtime Rates--Based on FY 2000 Overtime Hours
                                                                      [In Millions]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              Aug. 11,     Oct. 1,      Oct. 1,      Oct. 1,      Oct. 1,
               Rate category                  Outside of employee's normal   2002-Sept.   2002-Sept.   2003-Sept.   2004-Sept.   2005-Sept.     Total
                                                      tour of duty            30, 2002     30, 2003     30, 2004     30, 2005     30, 2006
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection, testing, certification, or       Monday-Saturday and holidays.        $1.13        $2.57        $3.20        $3.51        $4.14       $14.55
 quarantine of animals and animal or
 agricultural products.
                                             Sundays......................         0.16         0.37         0.43         0.49         0.54         1.99
Commercial airline inspection services.....  Monday-Saturday and holidays.         0.12         0.28         0.37         0.41         0.46         1.64
                                             Sundays......................         0.08         0.18         0.22         0.25         0.29         1.02
                                                                           -----------------------------------------------------------------------------
    Total..................................  .............................         1.49         3.40         4.22         4.66         5.43        19.20
--------------------------------------------------------------------------------------------------------------------------------------------------------

    This 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 will incur higher costs. 
The number of individuals and businesses that could be adversely 
affected by this action depends 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, will be unaffected 
because they are able to pass those fees on to their clients. 
Furthermore, the amount of the 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 economic impact on 
most individuals and entities will 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 data 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 overtime rate increases, both large and small, will 
incur higher costs.
    It is reasonable to assume that most businesses affected by this 
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

[[Page 48522]]

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 rule 
are likely to be small in size. However, for the reasons discussed 
above, the overtime rate increases will not have a significant economic 
impact on those businesses.
---------------------------------------------------------------------------

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

Alternatives

    One alternative to this 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 
to be 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 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 will be a relative savings to taxpayers as a result of 
the changes in the hourly overtime rates.
    The administrative cost involved in obtaining these savings will be 
minimal. APHIS already has a user fee program and a mechanism for 
collecting user fees in place; this rule will simply update the 
existing fees in that system. Accordingly, increases in administrative 
costs will be small. Because the savings to taxpayers are sufficiently 
large and the administrative costs will be small, it is likely that the 
net gain in reducing the burden on taxpayers as a whole will outweigh 
the cost of administering the user fee program with the updated user 
fees contained in this rule.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
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 final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This rule: (1) Preempts all State and local laws 
and regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This final rule contains no 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 are amending 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 is revised to read as 
follows:

    Authority: 7 U.S.C. 8311; 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) is amended as follows:
    a. By revising the introductory text of paragraph (a)(1) to read as 
set forth below.
    b. By revising paragraph (a)(1)(iii) to read as set forth below.
    c. In paragraph (a)(2), by revising the first sentence to read as 
set forth below.


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:

[[Page 48523]]



  Overtime for Inspection, Laboratory Testing, Certification, or Quarantine of Plants, Plant Products, Animals,
                                 Animal Products or Other Regulated Commodities
----------------------------------------------------------------------------------------------------------------
                                                             Overtime rates (per hour)
  Outside the employee's normal  -------------------------------------------------------------------------------
          tour of duty            Aug. 11, 2002-   Oct. 1, 2002-   Oct. 1, 2003-   Oct. 1, 2004-  Beginning Oct.
                                  Sept. 30, 2002  Sept. 30, 2003  Sept. 30, 2004  Sept. 30, 2005      1, 2005
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------

* * * * * * *
    (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  -------------------------------------------------------------------------------
          tour of duty            Aug. 11, 2002-   Oct. 1, 2002-   Oct. 1, 2003-   Oct. 1, 2004-  Beginning Oct.
                                  Sept. 30, 2002  Sept. 30, 2003  Sept. 30, 2004  Sept. 30, 2005      1, 2005
----------------------------------------------------------------------------------------------------------------
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 is revised to read as 
follows:

    Authority: 7 U.S.C. 8311; 49 U.S.C. 80503; 7 CFR 2.22, 280, and 
371.4.


    4. Section 97.1 is amended as follows:
    a. By revising paragraph (a), introductory text, and paragraph 
(a)(3) to read as set forth below.
    b. In paragraph (b), by revising the first sentence to read as set 
forth below.


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  -------------------------------------------------------------------------------
          tour of duty            Aug. 11, 2002-   Oct. 1, 2002-   Oct. 1, 2003-   Oct. 1, 2004-  Beginning Oct.
                                  Sept. 30, 2002  Sept. 30, 2003  Sept. 30, 2004  Sept. 30, 2005      1, 2005
----------------------------------------------------------------------------------------------------------------
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:

[[Page 48524]]



                             Overtime for Commercial Airline Inspection Services \1\
----------------------------------------------------------------------------------------------------------------
                                                             Overtime rates (per hour)
  Outside the employee's normal  -------------------------------------------------------------------------------
          tour of duty            Aug. 11, 2002-   Oct. 1, 2002-   Oct. 1, 2003-   Oct. 1, 2004-  Beginning Oct.
                                  Sept. 30, 2002  Sept. 30, 2003  Sept. 30, 2004  Sept. 30, 2005      1, 2005
----------------------------------------------------------------------------------------------------------------
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 
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 is revised to read as 
follows:

    Authority: 5 U.S.C. 5542; 7 U.S.C. 1622, 8303, 8304, 8306-8308, 
8310, 8311, 8313, 8315, and 8316; 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. In Sec. 130.7, paragraph (a), the table is 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-  Beginning Oct.
                                                                  Sept. 30, 2002  Sept. 30, 2003      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         per head...................           27.00           28.00           29.00
 horses), other than slaughter and
 in-transit..
Poultry (including eggs), imported   per load...................           47.00           48.00           50.00
 for 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) is 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 is revised to 
read as follows:


Sec. 130.50  Payment of user fees.

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

                                                            Overtime for Flat Rate User Fees
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                     Overtime rates (per hour)
                                              Outside of the employee's  -------------------------------------------------------------------------------
                                                 normal tour of duty      Aug. 11, 2002-   Oct. 1, 2002-   Oct. 1, 2003-   Oct. 1, 2004-  Beginning Oct.
                                                                          Sept. 30, 2002  Sept. 30, 2003  Sept. 30, 2004  Sept. 30, 2005      1, 2005
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rate for inspection,\1\ testing,            Monday-Saturday and holidays          $45.00          $46.00          $48.00          $49.00          $51.00
 certification or quarantine of
 animals,\2\ animal products or other
 commodities.\3\
                                            Sundays.....................           59.00           61.00           63.00           65.00           67.00
Rate for commercial airline inspection      Monday-Saturday and holidays           36.00           37.00           39.00           40.00           41.00
 services. \4\

[[Page 48525]]

 
                                            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.

* * * * *

    Done in Washington, DC, this 19th day of July, 2002.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-18844 Filed 7-24-02; 8:45 am]
BILLING CODE 3410-34-P