and Quarantine Programs 4 for information as to applicable conditions. (c) Additional conditions for movement of certain untreated fruit by water route. Untreated oranges, tangerines, and grapefruit from Mexico may move from Mexico to a foreign country by water route through the United States under this section only in accordance with the following additional conditions: (1) Ports of entry. Such oranges, tangerines, and grapefruit may enter only at New York, Boston, or such other North Atlantic ports in the United States as may be named in permits, for exportation, or at Brownsville, or Galveston, Texas, for exportation by water route. (2) Routing through North Atlantic ports. Such fruit entering via North Atlantic ports in the United States shall move by direct water route to New York or Boston, or to such other North Atlantic ports as may be named in the permit only for immediate direct export by water route to any foreign country, or for immediate transportation and exportation in Customs bond by direct rail route to Canada. (3) Exportation from Brownsville or Galveston by water. (i) Such fruit laden in refrigerated holds for export from Brownsville or Galveston shall be stowed in closed compartments if the ship is to call at other Gulf or South Atlantic ports in the United States. The compartments are not to be opened while in such other Gulf or South Atlantic ports. (ii) Such fruit for export from Brownsville or Galveston, not laden in refrigerated holds, shall be stowed in closed compartments separate from other cargoes. Bulkheads of such compartments shall be kept closed. Hatches containing such fruit shall be closed and the tarpaulin battened down and sealed with Plant Protection and Quarantine Programs seals. Such seal shall remain unbroken while the ship is in any such Gulf or South Atlantic port or waters. Vents and ventilators leading to compartments in which the fruit is stowed must be screened with fine The Deputy Administrator, Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, Washington, DC 20250. mesh screening. Advance notice of arrival of ships carrying untreated Mexican oranges, tangerines, or grapefruit shall be given to the inspector at such Gulf or South Atlantic ports of call. (d) Restriction on diversion or change of Customs entry. Diversion or change of Customs entry shall not be permitted with movements authorized under paragraph (b) (4) or (5) or paragraph (c) of this section and the inspector at the original port of Customs entry shall appropriately endorse the Customs documents to show that fact: Provided, That the inspector at such port of entry may, when consistent with the purposes of this part, approve diversion or change of Customs entry to permit movement to a different foreign country or entry into the United States subject to all other applicable requirements under this part or part 319 of this chapter. If diversion or change of Customs entry is desired at a Customs port in the United States where there is no inspector, the owner may apply to the Plant Protection and Quarantine Programs for information as to applicable conditions. If diversion or change of entry is approved at such a port, confirmation will be given by the Plant Protection and Quarantine Programs to appropriate Customs officers and Plant Protection and Quarantine Programs inspectors. (e) Untreated fruit from certain municipalities in Sonora, Mexico. Oranges, tangerines, and grapefruit in transit to foreign countries may be imported from certain municipalities in Sonora, Mexico listed in §319.56-2(h) of this chapter in accordance with the applicable conditions in subpart 319.56. (f) Treated fruit. Oranges, tangerines, and grapefruit from Mexico which have been treated in Mexico in accordance with $319.56-2f of this chapter may be imported through the United States ports for exportation in accordance with §§319.56 and 319.56-1 through 319.56-8 of this chapter. (g) Costs. Costs shall be borne by the owner of the fruit as provided in §352.14. This includes all costs for preinspection and convoying of loaded trucks and supervision of transloading from trucks to approved carriers or storage in United States ports when augmented inspection service has to be (a) Words used in this part in the singular form shall be deemed to import the plural, and vice versa, as the case may demand. (b) For the purpose of this part, unless the context otherwise requires, the following terms shall be construed, respectively, to mean: (1) The act. The act of Congress entitled "Department of Agriculture Organic Act of 1944," approved September 21, 1944 (58 Stat. 734), section 102(b)(c). (2) Plant Protection and Quarantine Programs. The Plant Protection and Quarantine Programs of the United States Department of Agriculture. (3) Products. Domestic plants and plant products. (4) Inspector. An employee of Plant Protection and Quarantine, or a state plant regulatory official designated by the Secretary of Agriculture to inspect and certify to shippers and other interested parties, as to the phytosanitary condition of the products inspected under the Act. To be eligible for designation, a state plant regulatory official must have a bachelor's degree in the biological sciences, a minimum of 2 years' experience in state plant regulatory activities, and a minimum of 2 years' experience in recognizing and identifying domestic plant pests known to occur within the cooperating state. Six years' experience in state plant regulatory activities may be substituted for the degree requirement. (5) Office of inspection. The office of an inspector of products covered by this part. (6) Certificate. A certificate of the phytosanitary condition of the products concerned, based on inspection of the entire lot or representative samples, issued by an inspector. (7) Consignment. Any shipment of products assembled and inspected at one place at one time and covered by one application, or any mail shipment consigned to one consignee. [24 FR 10834, Dec. 29, 1959, as amended at 28 FR 5204, May 24, 1963; 36 FR 24917, Dec. 24, 1971; 53 FR 1332, Jan. 19, 1988] Area II-Miami, FL: FAA and NWS Build- Miami area. Area III Gulfport, MS: 3505 25th Ave AL, KY, MS, TN. nue, P.O. Box 13, Gulfport, MS 39502. Area IV-Wilmington, NC: Rural Route 6, NC, SC. Box 53, Wilmington, NC 28405. Area V-San Juan, PR: Federal Office PR, VI. nue, Hato Rey, PR 00918. Area Honolulu, HI: Prince Jonah Kuhio HI. Kalanianaole Federal Building, Room 4117, 300 Ala Moana Boulevard, P.O. Box 50002, Honolulu, HI 96850. Area II-Seattle, WA: 3112 Federal Build- WA, OR, AK. ing, 915 Second Avenue, Seattle, WA 98174. Area IIIOakland, CA: Room 450, 1515 CA. Clay Street, Oakland, CA 94612. Area IV-Phoenix, AZ: Room 201, 522 AZ, NV. Area V-Denver, CO: Suite 102, 7100 CO, ND, SD, MT, ID, WY, UT. (b) Inspectors who may issue phytosanitary export certificates for terrestrial plants offered for export and listed in 50 CFR part 17 or 23 are available only at a port designated for export in 50 CFR part 24, or at a nondesignated port if allowed by the United States Department of the Interior pursuant to section 9 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1538). The following locations are designated in 50 CFR part 24 as ports for export of terrestrial plants listed in 50 CFR part 17 or 23; (1) Any terrestrial plant offered for export and listed in 50 CFR part 17 or 23: (Sec. 102, 58 Stat. 735, as amended; 7 U.S.C. 147a (7 CFR 2.17, 2.51, 371.2(c))) [49 FR 46335, Nov. 26, 1984] §353.4 Products covered. Domestic plants and plant products when offered for export. § 353.5 Application for certification. (a) A written application shall be made on forms provided for the purpose setting forth such information as is called for as far in advance as possible, and shall be filed in the office of inspection at the port of certification. (b) Each application shall be deemed filed when delivered to the proper office of certification. When such application is filed, a record showing the date and time of filing shall be made in such office. (Approved by the Office of Management and Budget under control number 0579-0052) (44 U.S.C. 35) [24 FR 10834, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983] §353.6 Inspection. (a) The applicant shall cause the product for which inspection is requested to be made accessible for inspection and identification and to be so placed as to permit efficient inspection for insects and plant diseases of representative samples of all grades or kinds of such product. (b) All labor involved in the inspection, including the moving, opening, and closing of containers, shall be furnished by the applicant. (c) Certificates may be refused for failure to carry out fully any of the foregoing provisions. (d) No inspector shall inspect any products in which he or a member of his family is directly or indirectly financially interested. §353.7 Certificates. (a) For each consignment of products for which certification is requested, the inspector shall sign and issue a separate certificate based on the findings of the inspection. (b) The original certificate shall immediately upon its issuance be delivered or mailed to the applicant or a person designated by him. (c) One copy of each certificate shall be filed in the office of certification, and one forwarded to the Deputy Administrator of the Plant Protection and Quarantine Programs. (d) The Deputy Administrator of the Plant Protection and Quarantine Programs may authorize inspectors to issue certificates on the basis of inspections made by cooperating Federal and State agencies under requirements and conditions approved by him. (e) Inspectors may issue new certificates on a basis of inspections for previous certifications when the previously issued certificates can be canceled before they have been accepted by the phytopathological authorities of the country of destination involved. PART 354-OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND USER FEES Sec. 354.1 Overtime work at border ports, sea ports, and airports. 354.2 Administrative instructions prescribing commuted traveltime. 354.3 User fees for certain international services. 354.4 User fees for certain domestic services. 354.5 Penalties for nonpayment or late payment of user fees. AUTHORITY: 7 U.S.C. 2260; 21 U.S.C. 136 and 136a; 49 U.S.C. 1741; 7 CFR 2.22, 2.80, and 371.2(c). §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 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 during the overtime or Sunday or holiday period, and shall pay the Government at a rate of $47.96 per work-hour per employee on a Sunday and at the rate of $37.84 per work-hour per employee for holiday or any other period, except as provided in paragraphs (a)(1)(i), (ii), and (iii) of this section: (i) 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 arrivals in or departure from the United States of a private aircraft or vessel, the total amount payable shall not exceed $25 for all inspection services performed by the Customs Service, Immigration and Naturalization Service, Public Health Service, and the Department of Agriculture; (ii) Owners and operators of aircraft will be provided service without reimbursement during regularly established hours of service on a Sunday or holiday; and (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 on a Sunday will be $39.36 and for work performed outside of the regularly established hours of service for a holiday or any other period will be $30.64 per hour (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 which is performed by an employee on his regular workday beginning either at least 1 hour before his 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 provision 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 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 or 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 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. The full CTT allowance will be the amount of commuted traveltime prescribed for the place at which the inspections are performed. See §354.2. One-half CTT is 1⁄2 of the full CTT period. (b) The Animal and Plant Health Inspection Service inspector in charge of honoring a request to furnish inspection, laboratory testing, quarantine or certification service, shall assign employees to such Sunday or holiday or overtime duty with due regard to the work program and availability of employees for duty. (c) As used in this section |