APHIS Increases Hourly Fees for Overtime Services at Ports
The Animal and Plant Health Inspection Service is increasing its hourly overtime fees for inspection, laboratory testing, certification, or quarantine services performed on weekends and holidays. Under the agency’s final rule (here), hourly rates for overtime services performed by APHIS, and in some cases CBP, will increase by approximately 50 percent beginning on Nov. 2.
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The increases are necessary for APHIS to recover the full cost of providing overtime services to importers and exporters, said the agency. APHIS proposed the increase in overtime fees in April 2014, alongside a general increase in fees for its Agricultural Quarantine and Inspection program (see 14042321) that is not yet final. The Government Accountability Office recommended the fee increase in a 2013 report that found current fees are not covering all costs associated with the program, forcing CBP to dip into its own budget to make up for the shortfall (see 13030601). Industry groups have called the APHIS fee hikes “exorbitant” and “unfair” (see 14072920).
APHIS’ final rule on overtime fees increases hourly rates for fiscal years 2016 through 2018 by $24 for inspection, testing, certification, or quarantine of animals or agricultural products outside the employee’s regular tour of duty (Monday through Saturday and holidays); by $33 for inspection, testing, certification, or quarantine of animals or agricultural products that is performed on Sundays outside the employee’s regular tour of duty; by $24 for commercial airline inspection services that are performed outside of the regularly established hours of service on a holiday or any other period; and by $31 for commercial airline inspection services that are performed outside of the regularly established hours of service on a Sunday.
Hourly overtime rates for inspection, laboratory testing, certification, or quarantine of plant, plant products, animals, animal products or other regulated commodities performed on weekends and holidays are as follows:
| Hours | Current | FY 2016 | FY 2017 | FY 2018 |
|---|---|---|---|---|
| Mon-Sat, Holidays | $51 | $75 | $75 | $75 |
| Sundays | $67 | $99 | $99 | $100 |
Hourly overtime rates for commercial aircraft for inspection or quarantine services provided outside of the regularly established hours of service, as follows:
| Hours | Current | FY 2016 | FY 2017 | FY 2018 |
|---|---|---|---|---|
| Mon Sat, Holidays | $41 | $64 | $65 | $65 |
| Sundays | $55 | $85 | $86 | $86 |
The final rule also amends APHIS' regulations to clarify that agricultural inspections performed by CBP may be billed "in accordance with DHS overtime regulations for services performed outside of regular business hours, as DHS rates may differ from those charged by APHIS." While CBP may bill at the rates set by APHIS, rates provided in 5 CFR part 551 or 19 CFR 24.16 may otherwise apply, said APHIS.