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. SOUTH CENTRAL REGION Area Uvalde, TX: Suite 202, 200 East TX, NM. Nopal Street, P.O. Box 5160, Uvalde, TX 78801. Area II-San Antonio, TX: Federal Build-❘ TX, OK. ing, Room B-201, 727 East Durango, San Antonio, TX 78206. Area II-Slidell, LA: Slidell Towers, LA, AR. Room 205, 520 Old Spanish Trail, Sli dell, LA 70458. Area IV-Jefferson City, MO: Suite K-2, MO, IA, NE, KS. 915 Southwest Boulevard, Jefferson City, MO 65101. WESTERN REGION Area Honolulu, HI: Prince Jonah Kuhio HI. Kalanianaole Federal Building, Room 4117, 300 Ala Moana Boulevard, P.O. Box 50002, Honolulu, HI 96850. Area I-Seattle, WA: 3112 Federal Build- WA, OR, AK. ing, 915 Second Avenue, Seattle, WA Area III-Oakland, CA: Room 450, 1515 CA. 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: Nogales, AZ Los Angeles, CA San Francisco, CA Honolulu, HI New Orleans, LA Hoboken, NJ (Port of New York) Jamaica, NY San Juan, PR Brownsville, TX El Paso, TX Laredo, TX Seattle, WA (2) Any plant of the family Orchidaceae (orchids) offered for export and listed in 50 CFR part 17 or 23: Hilo, HI Chicago, IL (3) Roots of American ginseng (Panax quinquefolius) offered for export and listed in 50 CFR 23.23: Atlanta, GA Chicago, IL Baltimore, MD St. Louis, MO Milwaukee, WI (4) Any plant listed in 50 CFR 17.12 or 23.23 and offered for exportation to Canada: Detroit, MI Buffalo, NY Rouses Point, NY Blaine, WA (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 (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 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 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 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 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. (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 Serv ice 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 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 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 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 more than 90 days delinquent. Services will be denied until the delinquent debt is paid. (64 Stat. 561 (7 U.S.C. 2260) and sec. 15, Pub. L. 94-353 (49 U.S.C. 1741)) [49 FR 1173, Jan. 10, 1984, as amended at 49 FR 12186, Mar. 29, 1984; 49 FR 19441, May 8, 1984; 52 FR 16822, May 6, 1987; 53 FR 52975, Dec. 30, 1988; 54 FR 13506, Apr. 4, 1989; 55 FR 3198, Jan. 31, 1990; 55 FR 41059, Oct. 9, 1990; 56 FR 1082, Jan. 11, 1991; 58 FR 32434, June 10, 1993] 8354.2 Administrative instructions prescribing commuted traveltime. Each period of overtime and holiday duty, as defined in §354.1 shall, in addition, include a commuted traveltime period for the respective ports, stations, and areas in which employees are located. The prescribed commuted traveltime periods are set forth below: |