OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS

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CFR Regulation

OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS

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9 CFR Part 97

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§ 97.1Overtime work at laboratories, border ports, ocean ports, and airports. 1

1 For designated ports of entry for certain animals, animal semen, poultry, and hatching eggs see 9 CFR §§ 93.102, 93.203, 93.303, 93.403, 93.503, 93.703, and 93.805 and for designated ports of entry for certain purebred animals see 9 CFR §§ 151.1 through 151.3.
(a) Any person, firm, or corporation having ownership, custody, or control of animals, animal byproducts, or other commodities or articles subject to inspection, laboratory testing, certification, or quarantine under this subchapter and subchapter G of this chapter, and who requires the services of an employee of the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection on a Sunday or holiday, or at any other time outside the regular tour of duty of the employee, shall sufficiently in advance of the period of Sunday, holiday, or overtime service request the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection inspector in charge to furnish the service and shall pay the Government at the rate listed in the following table, except as provided in paragraphs (a)(1), (a)(2), (a)(3), and (a)(4) of this section:
Overtime for Inspection, Laboratory Testing, Certification, or Quarantine of Plant, Plant Products, Animals, Animal Products or Other Regulated Commodities
Outside the employee's normal tour of duty
Overtime rates (per hour)
Nov. 2, 2015-Sept. 30, 2016
Oct. 1, 2016-Sept. 30, 2017
Beginning
Oct. 1, 2017
Monday through Saturday and holidays
$75
$75
$75
Sundays
99
99
100
(1) For any services performed on a Sunday or holiday, or at any time after 5 p.m. or before 8 a.m. on a weekday, in connection with the arrival in or departure from the United States of a private aircraft or private vessel, the total amount payable shall not exceed $25 for all inspection services performed by the U.S. Customs and Border Protection , Public Health Service, and the Department of Agriculture;
(2) Owners and operators of aircraft will be provided service without reimbursement during regularly established hours of service on a Sunday or holiday; and
(3) The overtime rate to be charged owners or operators of aircraft at airports of entry or other places of inspection as a consequence of the operation of the aircraft, for work performed outside of the regularly established hours of service is listed in the following table:
Overtime for Commercial Airline Inspection Services 1
Outside the employee's normal tour of duty
Overtime rates (per hour)
Nov. 2, 2015-Sept. 30, 2016
Oct. 1, 2016-Sept. 30, 2017
Beginning
Oct. 1, 2017
Monday through Saturday and holidays
$64
$65
$65
Sundays
85
86
86
1 These charges exclude administrative overhead costs.
(4) The overtime rate and all other charges, including minimum and commute compensation charges, to be billed for services provided by an employee of U.S. Customs and Border Protection shall be charged according to the provisions of this section, 5 CFR part 551, or 19 CFR 24.16.
(b) A minimum charge of 2 hours shall be made for any Sunday or holiday or unscheduled overtime duty performed by an employee on a day when no work was scheduled for him or her, or which is performed by an employee on his or her regular workday beginning either at least 1 hour before his or her scheduled tour of duty or which is not in direct continuation of the employee's regular tour of duty. In addition, each such period of Sunday or holiday or unscheduled overtime work to which the 2-hour minimum charge applies may include a commuted traveltime period (CTT) the amount of which shall be prescribed in administrative instructions to be issued by the Administrator, Animal and Plant Health Inspection Service or U.S. Customs and Border Protection for the areas in which the Sunday or holiday or overtime work is performed and such period shall be established as nearly as may be practicable to cover the time necessarily spent in reporting to and returning from the place at which the employee performs such Sunday, holiday or overtime duty. With respect to places of duty within the metropolitan area of the employee's headquarters, such CTT period shall not exceed 3 hours. It shall be administratively determined from time to time which days constitute holidays. The circumstances under which such CTT periods shall be charged and the percentage applicable in each circumstance are as reflected in the following table:
Actual time 1 charge—no minimum
2-hour guarantee charge
Commuted 2 traveltime (CTT) charge
Charges for Inspection Within Metropolitan Area of Employee's Headquarters
Work beginning before daily tour begins:
8 to 59 minutes
Yes
No
None.
60 to 119 minutes
Yes
1 ⁄ 2 CTT.
120 minutes or more
Yes
Full CTT.
Work beginning after daily tour ends:
Direct continuation
Yes
No
None.
Break-in-service of:
2-29 minutes
Yes
None.
30-60 minutes
Yes
1 ⁄ 2 CTT.
61 minutes or more
Yes
Full CTT.
Charges for Inspection Services Performed Outside Metropolitan Area of Employee's Headquarters
Work beginning before daily tour begins:
8 to 59 minutes
Yes
No
1 ⁄ 2 CTT.
60 minutes or more
Yes
Full CTT.
Work beginning after daily tour ends:
Direct continuations
Yes
No
1 ⁄ 2 CTT.
2-59 minutes
No
Yes
1 ⁄ 2 CTT.
60 minutes or more
No
Yes
Full CTT.
Charges for Call Out Inspection Service on Holiday or Nonworkday
Work beginning at any time
No
Yes
Full CTT.
1 Actual time charged when work is contiguous with the daily tour will be in quarter hour multiples, with service time of 8 minutes or more rounded up to the next quarter hour and any time of less than 8 minutes will be disregarded.
2 The full CTT allowance will be the amount of commuted traveltime prescribed for the place at which the inspections are performed. See part 97.2. One-half CTT is 1 ⁄ 2 of the full CTT period.
(c) As used in this section—
(1) The term private aircraft means any civilian aircraft not being used to transport persons or property for compensation or hire, and
(2) The term private vessel means any civilian vessel not being used (i) to transport persons or property for compensation or hire, or (ii) in fishing operations or in processing of fish or fish products.
(d)(1) Any principal, or any person, firm, partnership, corporation, or other legal entity acting as an agent or broker by requesting Sunday, holiday, or overtime services of an Animal and Plant Health Inspection Service or U.S. Customs and Border Protection inspector on behalf of any other person, firm, partnership, corporation, or other legal entity (principal), and who has not previously requested such service from an Animal and Plant Health Inspection Service inspector, must pay the inspector before service is provided.
(2) Since the payment must be collected before service can be provided, the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection inspector will estimate the amount to be paid. Any difference between the inspector's estimate and the actual amount owed to the Animal and Plant Health Inspection Service will be resolved as soon as reasonably possible following the delivery of service, with the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection either returning the difference to the agent, broker, or principal, or billing the agent, broker, or principal for the difference.
(3) The prepayment must be in some guaranteed form, such as money order, certified check, or cash. Prepayment in guaranteed form will continue until the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection determines that the agent, broker, or principal has established an acceptable credit history.
(4) For security reasons, cash payments will be accepted only from 7 a.m. to 5 p.m., and only at a location designated by the Animal and Plant Health Inspection Service inspector or U.S. Customs and Border Protection.
(e)(1) Any principal, or any person, firm, partnership, corporation, or other legal entity requesting Sunday, holiday, or overtime services of an Animal and Plant Health Inspection Service inspector, and who has a debt to the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection more than 60 days delinquent, must pay the inspector before service is provided.
(2) Since the payment must be collected before service can be provided, the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection inspector will estimate the amount to be paid. Any difference between the inspector's estimate and the actual amount owed to the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection will be resolved as soon as reasonably possible following the delivery of service, with the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection either returning the difference to the agent, broker, or principal, or billing the agent, broker, or principal for the difference.
(3) The prepayment must be in some guaranteed form, such as money order, certified check, or cash. Prepayment in guaranteed form will continue until the debtor pays the delinquent debt.
(4) For security reasons, cash payments will be accepted only from 7 a.m. to 5 p.m., and only at a location designated by the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection inspector.
(f) Reimbursable Sunday, holiday, or overtime services will be denied to any principal, or any person, firm, partnership, corporation, or other legal entity who has a debt to the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection more than 90 days delinquent. Services will be denied until the delinquent debt is paid.

§ 97.2Administrative instructions prescribing commuted traveltime.

Each period of overtime and holiday duty as prescribed in § 97.1 shall in addition include a commuted traveltime period for the respective ports, stations, and areas in which employees are located. The prescribed computed traveltime periods are as follows:
Commuted Traveltime Allowances
[In hours]
Location covered
Served from
Metropolitan Area
Within
Outside
Alaska:
Anchorage
1
Do
Palmer
3
Arizona:
Douglas
1
Do
Nogales
6
Do
Phoenix
6
Do
Sierra Vista
3
Naco
Douglas
2
Do
Nogales
4
Do
Phoenix
6
Do
Sierra Vista
2
Nogales
1
Do
Douglas
6
Do
Phoenix
6
Do
Sierra Vista
3
San Luis
Phoenix
6
Do
Yuma
2
Sasabe
Douglas
6
Do
Nogales
4
Do
Phoenix
6
Do
Sierra Vista
6
Do
Tuscon
3
California:
Calexico
San Ysidro
6
Edwards Air Force Base
Los Angeles
4
Los Angeles and Los Angeles International Airport
San Bernardino
5
Do
Los Angeles
2
Los Angeles Harbor, San Pedro, including Long Beach, Wilmington, and Terminal Island
Los Angeles
2
March Field
......do
5
Mexicali
Calexico
1
Newport Beach
......do
4
Ontario
......do
3
Ramona
San Ysidro
2
Sacramento
......
1
Do
San Francisco
5
San Diego
.......
1
Do
San Ysidro
2
San Francisco including, Alameda, Richmond, Pittsburg, and other ports in San Francisco and San Pablo Bay areas
2
San Louis Obispo
San Pedro
6
San Ysidro
.......
1
Stockton
San Francisco
4
Colorado:
Stapleton International Airport, Denver
Arvada
1
Do
Aurora
2
Connecticut:
Bradley International Airport
Westerly, RI
5
Do
Willington
1
Bradley International Airport, Windsor Locks
Ashford
1
Do
Hartford
2
Do
N. Stonington, CT
4
Do
Waterbury, CT
3
Delaware:
Wilmington
Dover
3
Florida:
Jacksonville
2
Miami
2
Port Everglades
Miami
2
St. Petersburg
Tampa
2
Do
Miami
6
Tampa
2
Do
Miami
6
Georgia:
Atlanta International Airport
Acworth
3
Do
Carrollton
3
Do
Covington
3
Do
Forsyth
3
Port of Brunswick
Savannah
4
Port of Savannah
......do
2
Port of St. Mary's
......do
6
Hawaii:
Kawaihae
Waimea
1
Hilo
......do
3
Honolulu, including Aiea, Barber's Point Naval Air Station, Honolulu International Airport, West Loch, Middle Loch, East Loch, Pearl City and Waipahu
2
Idaho:
Boise
Caldwell or Middleton
2
Eastport
Bonners Ferry
2
Do
Spokane, WA
6
Illinois:
Chicago
3
Do
Geneseo
6
Do
Kirkland
4
Springfield
2
Indiana:
Indianapolis
1
Do
Anderson
2
Do
West Lafayette
3
Iowa:
Ames
1
Kentucky:
Standiford Field
Frankfort
3
Do
Louisville
1
Louisiana:
Acadian Regional Airport, New Iberia
Abbeville
2
Any point below Chalmette and on the East Bank, Belle Chasse, LA, and points to and including Port Sulphur on the west bank
Baton Rouge
4
Any point on the Mississippi River above the St. Charles-Jefferson Parish boundary to and including Gramercy
......do
2
Morgan City
......do
5
New Orleans including Orleans Parish and all points on the east bank of the Mississippi River from the St. Charles-Jefferson Parish boundary to and including Chalmette, LA, and all points on the west bank from the St. Charles-Jefferson Parish boundary to but excluding Belle Chasse, LA
......do
4
Undesignated ports
......do
3
Maine:
Bangor
Augusta
3
Do
Newport
1
Houlton
1
Jackman
Augusta
6
Do
Bangor
5
Do
Newport
5
Port of Portland
Augusta
3
Do
Bangor
6
Do
Concord, NH
4
Maryland:
Baltimore:
3
Largo
Bowie
2
Do
Owings Mills
3
Do
Easton
4
Laurel
Bowie
2
Do
Owings Mills
3
Do
Easton
4
Massachusetts:
Boston
3
Do
Grafton
4
Do
Loudon, NH
5
Do
N. Attleboro
4
Do
Westerly, RI
4
Mexico:
Ciudad Acuna
Del Rio, TX
1 1 ⁄ 2
Do
Eagle Pass, TX
3
Do
Laredo, TX
6
Do
Pleasanton, TX
6
Juarez
El Paso, TX
1
Nuevo Laredo
Del Rio, TX
4
Do
Eagle Pass, TX
5
Do
Laredo, TX
1 1 ⁄ 2
Do
Pharr, TX
6
Do
Pleasanton, TX
5
Ojinaga
El Paso, TX
6
Do
Presidio, TX
1
Piedras Negras
Eagle Pass, TX
1
Do
Laredo, TX
5
Do
Pharr, TX
10
Do
Pleasanton, TX
5
Reynosa (Pharr International Bridge)
Eagle Pass, TX
12
Do
Hidalgo, TX
1
Do
Laredo, TX
5
Do
Mission, TX
1
Do
Pharr, TX
1
San Jeronimo
El Paso, TX
2
Do
Presidio, TX
6
Do
Santa Theresa, NM
1
Michigan:
Detroit
3
Do
Beaverton
6
Do
Chelsea
3
Do
Clara
6
Do
Kalamazoo
5
Do
Lansing
4
Do
Port Huran
4
Port Huron
1
Do
Beaverton
6
Do
Chelsea
6
Do
Clara
6
Do
Detroit
3
Do
Lansing
5
Do
Kalamazoo
6
Minnesota:
Minneapolis/St. Paul International Airport
2
Do
Rochester
3
Do
Princeton
3
Noyes
Pembina
1
Missouri:
Kansas City International Airport
Jefferson
6
St. Louis Airport
Beaufort
3
St. Louis Zoological Park
......do
3
Montana:
Bozeman
1
Bozeman Laboratory
Bozeman
1
Great Falls Airport
Great Falls
1
Do
Helena
5
Helena
1
Port of Opheim
Plentywood
5
Do
Opheim
1
Port of Raymond
Plentywood
1
Do
Raymond
1
Port of Sweetgrass
Great Falls
5
Do
Shelby
2
Do
Sunburst/Sweetgrass
1
Sweetgrass
1
Nebraska:
Lincoln Airport
1
New Jersey:
Newark International Airport
Hightstown
2
Do
Mount Holly
3
Do
Princeton
2
Port of Salem
Hightstown
3 1 ⁄ 2
Do
Mount Holly
3
Do
Princeton
4
New Mexico:
Columbus
1
Do
Las Cruces
4
Port of Columbus
Deming
2
New York:
Alexandria Bay
1
Buffalo
2
Do
Akron
2
Champlain
1
Do
Highgate Springs, VT
2
Do
Milton, VT
3
Do
Calais, VT
5
Malone
Champlain
3
Newburgh
1
Do
New York, NY
4
New York
3
Niagara Falls
Akron
2
Odgensburg
1
Port of Albany
1
Rochester
Buffalo
4
Rooseveltown
Odgensburg
2
Rouses Point
Champlain
1
Stewart Airport, Newburgh
Albany
4
North Carolina:
Iredell
Franklin
6
Do
Lumberton
6
Do
Raleigh
6
North Dakota:
Dunseith
Minot
4
Do
Pembina
6
Minot
1
Peace Gardens
Bottineau
1
Pembina
1
Do
Fargo
6
Do
Valley City
6
Portal
1
Do
Bismarck
6
Do
Dickinson
6
Do
Minot
4
Ohio:
Vandalia Dayton International Airport
Greenville
2
Do
Pickerington
3
Wilmington
Greenville
4
Do
Pickerington
3
Oregon:
Hermiston
Troutdale
6
Portland
Salem
3
Do
Sunny Valley
6
Do
Tigard
2
Do
Troutdale
2
Pennsylvania:
Harrisburg
Camp Hill
1
Do
Morgantown
3
Do
Northumberland
2
Do
Shippensburg
3
Philadelphia
3
Puerto Rico:
Aquadilla
Aquadilla
2
Salinas
San Juan
4
San Juan
2
Tennessee:
Fort Campbell, Clarkesville
Nashville
2
Memphis
2
Memphis
Gadsden
4
Memphis
Jackson
4
Nashville
2
Texas:
Brownsville
1
Do
Laredo or San Antonio
6
Brownsville and Brownsville International Airport
Harlingen and San Benito
1
Do
McAllen or Edinburg
3
Do
Weslaco
2
Dallas-Fort Worth International Airport
Decatur
2
Do
Ft. Worth or Dallas
2
Del Rio
1
Do
Eagle Pass
3
Do
Edinburg, McAllen or Mission
6
Do
Laredo or San Antonio
5
Eagle Pass
1
Do
Del Rio
3
Do
Edinburgh, McAllen or Mission
6
Do
Laredo or San Antonio
5
El Paso
1
Do
Hatchita or Deming, NM
6
Do
Las Cruces, NM
3
Forney
Corsicana
3
Do
Ft. Worth
3
Do
Tyler
3
Harlingen
Edinburg, McAllen or Mission
2
Do
Weslaco
1
Hidalgo
Brownsville
3
Do
Edinburg, Mission and McAllen
1
Do
Harlingen
2
Do
Lyford
2
Do
Rio Grande City
2
Houston (including Houston Intercontinental Airport)
2
Do
Bellville, TX
4
Do
Bryan, TX
4
Do
Georgetown, TX
8
Do
Pleasanton, TX
8
Laredo
1
Do
Brownsville or San Antonio
6
Do
Eagle Pass
5
Do
McAllen, Edinburg or Mission
6
Presidio
1
Do
El Paso
6
Utah:
Salt Lake City
Murray and Ogden
2
Vermont:
Burlington International Airport
Burlington
1
Do
Milton
1
Do
Calais
3
Derby Line
Milton
4
Do
Calais
4
Highgate
1
Do
Milton
2
Do
Calais
4
Highgate Springs
......do
1
Virginia:
Dulles International Airport
Annapolis, MD
3
Do
Richmond
5
Do
Warrenton
3
Port of Richmond
2
Washington:
Blaine
1
Do
Seattle
6
Lynden
Blaine
2
Do
Seattle
6
Moses Lake
Oroville, WA
6
Do
Spokane
5
Do
Wenatchee
3
Do
Yakima
4
Oroville
1
Sea-Tac Airport
Olympia
3
Seattle
2
Sumas
Blaine
2
Do
Olympia
6
Do
Seattle
6
Tacoma
......do
3
Yelm
Olympia
2
Do
Seattle
3
Wisconsin:
Barron
Ripon
6
Madison
1
Monroe
Madison
3

2 sections

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OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS (U.S.C.). Retrieved via LawPlayer, https://lawplayer.com/us/act/cfr-title-9-part-97

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