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e-CFR data is current as of December 3, 2020

Title 7Subtitle BChapter III → Part 354


Title 7: Agriculture


PART 354—OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND USER FEES


Contents
§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. 7701-7772, 7781-7786, and 8301-8317; 21 U.S.C. 136 and 136a; 49 U.S.C. 80503; 7 CFR 2.22, 2.80, and 371.3.

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§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 or U.S. Customs and Border Protection 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 or U.S. Customs and Border Protection 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), and (a)(3) 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 dutyOvertime rates (per hour)
Nov. 2, 2015-Sept. 30, 2016Oct. 1, 2016-Sept. 30, 2017Beginning
Oct. 1, 2017
Monday through Saturday and holidays$75$75$75
Sundays9999100

(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 U.S. Customs and Border Protection, 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 is listed in the following table:

Overtime for Commercial Airline Inspection Services1

Outside the employee's normal tour of dutyOvertime rates (per hour)
Nov. 2, 2015-Sept. 30, 2016Oct. 1, 2016-Sept. 30, 2017Beginning
Oct. 1, 2017
Monday through Saturday and holidays$64$65$65
Sundays858686

1These charges exclude administrative overhead costs.

(2) Except as provided in paragraph (a)(3) of this section, 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 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 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 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 time1 charge—no minimum2-hour guarantee chargeCommuted2 traveltime (CTT) charge
Charges for Inspection Within Metropolitan Area of Employee's Headquarters
Work beginning before daily tour begins:
8 to 59 minutesYesNoNone.
60 to 119 minutesYes 12 CTT.
120 minutes or moreYesFull CTT.
Work beginning after daily tour ends:
Direct continuationYesNoNone.
Break-in-service of:
2-29 minutesYesNone.
30-60 minutesYes 12 CTT.
61 minutes or moreYesFull CTT.
Charges for Inspection Services Performed Outside Metropolitan Area of Employee's Headquarters
Work beginning before daily tour begins:
8 to 59 minutesYesNo 12 CTT.
60 minutes or moreYesFull CTT.
Work beginning after daily tour ends:
Direct continuationsYesNo 12 CTT.
2-59 minutesNoYes 12 CTT.
60 minutes or moreNoYesFull CTT.
Charges for Call Out Inspection Service on Holiday or Nonworkday
Work beginning at any timeNoYesFull CTT.

1Actual 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.

2The 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 12 of the full CTT period.

(3) 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) The Animal and Plant Health Inspection Service or U.S. Customs and Border Protection 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 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 or U.S. Customs and Border Protection 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 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 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 or U.S. Customs and Border Protection 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 or U.S. Customs and Border Protection 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.

[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; 67 FR 48523, July 25, 2002; 68 FR 51882, Aug. 29, 2003; 80 FR 59566, Oct. 2, 2015]

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§354.2   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:

Commuted Traveltime Allowances

[In hours]

Location coveredServed from—Metropolitan area
WithinOutside
Alabama:
Birmingham (including Birmingham Municipal Airport)Alabaster2
Birmingham (including Birmingham Municipal Airport)Pelham2
ChickasawMobile2
Huntsville1
Mobile2
Montgomery1
Undesignated ports3
Alaska:
Anchorage1
SewardAnchorage6
Undesignated ports3
Arizona:
Davis-Monthan AFB, TucsonNogales4
Douglas1
DouglasNogales6
Fort Huachuca Army Base, Sierra VistaDouglas or Nogales3
Fort Huachuca Army Base, Sierra VistaTucson4
Nogales2
Phoenix2
PhoenixNogales6
PhoenixTucson5
San Luis2
SasabeNogales4
Tucson1
TucsonNogales3
Yuma International airport1
Undesignated ports3
Arkansas:
DardanelleConway3
DardanelleLittle Rock3
Eaker AFBBlytheville1
Fort SmithConway5
Fort SmithLittle Rock6
HelenaBlytheville5
HelenaLittle Rock5
Little Rock1
Little RockConway2
Little Rock AFB2
Little Rock AFBConway2
OsceolaBlytheville2
Pine BluffConway4
Pine BluffLittle Rock2
Undesignated ports3
West MemphisBlytheville3
Bahamas:
Nassau1
Freeport1
Bermuda:
Ferry Reach1
California:
AndradeCalexico2
AntiochSan Francisco4
BakersfieldShafter1
Beale AFBSacramento4
BurbankLos Angeles3
Calexico1
Camp Pendleton, USMC, OceansideSan Diego3
Castle AFBMerced1
Edwards AFBOntario4
El SegundoLos Angeles2
El Toro MCASLos Angeles3
FairfieldStockton4
FresnoShafter5
FresnoStockton5
HanfordShafter5
LemooreShafter5
George AFBLos Angeles4
Hamilton AFB, NovatoTravis AFB3
Los Angeles (including San Pedro, Los Angeles Harbor, Los Angeles International Airport, Long Beach Harbor, and Long Beach Municipal Airport)2
March AFBLos Angeles4
March AFBOntario3
MartinezSan Francisco3
Mather Field AFBTravis AFB3
Mather AirfieldSacramento3
Mather AFBStockton3
McClellan AFBSacramento3
McClellan AFBStockton4
McClellan AFBTravis AFB3
Merced/Atwater (Old Castle AFB)Stockton3
Moffett Field NAS, SunnysideSan Francisco3
Moffett Field NAS, SunnysideSan Jose2
MontereySan Jose5
MontereySan Francisco6
Moss Beach LandingSan Jose4
Norton AFBLos Angeles4
OntarioLos Angeles3
Palm Springs International AirportOntario4
PittsburgSan Francisco4
Port ChicagoSan Francisco3
Port HuenemePort Hueneme1
Port HuenemeSan Pedro4
Redwood CitySan Francisco2
RichmondSan Francisco3
RodeoSan Francisco3
Sacramento1
SacramentoSan Francisco5
SacramentoSan Jose6
SacramentoStockton3
SacramentoTravis AFB2
Sacramento International AirportSacramento3
Sacramento Metropolitan AirportStockton4
Sacramento Metropolitan AirportTravis AFB3
Sacramento SeaportSacramento2
San Bernardino International Airport (Old Norton AFB)Ontario2
San Diego (including Mexican border at San Ysidro; Brown, Gillespie, and Lindbergh Fields, Imperial Beach; North Island, Miramar and Naval and Civilian Maritime within the San Diego Unified Port District)2
San DiegoLos Angeles6
San Francisco (including Alameda, Oakland, San Francisco International Airport, and Oakland International Airport)2
San FranciscoSan Jose4
San Jose2
San JoseSacramento5
San JoseSan Francisco4
San JoseStockton5
San Luis Obispo SeaportPort Hueneme5
Santa Barbara AirportPort Hueneme2
Seal BeachLos Angeles2
Southern California International Airport (Old George AFB)Ontario3
Stockton1
StocktonSacramento3
StocktonSan Jose412
TecateSan Ysidro3
Travis AFB1
Travis AFBSan Francisco4
VallejoSan Francisco2
Undesignated ports3
Canada:
Vancouver, BC (including Richmond)Blaine4
Colorado:
Denver (including Stapleton International Airport)2
Ent AFB (Peterson Field)Denver5
Stapleton International AirportFt. Collins4
Connecticut:
BridgeportGroton4
BridgeportWallingford2
BridgeportWarwick, RI6
BridgeportWindsor Locks4
Groton (including New London)Wallingford4
Groton (including New London)Warwick, RI4
Groton (including New London)Windsor Locks4
Groton (including New London)2
New HavenGroton3
New HavenWallingford, CT1
New HavenWarwick, RI6
New HavenWindsor Locks3
Windsor Locks (including Bradley Field)1
Windsor Locks (including Bradley Field)Boston, MA6
Windsor Locks (including Bradley Field)Groton4
Windsor Locks (including Bradley Field)Hadley, MA2
Windsor Locks (including Bradley Field)Wallingford3
Windsor Locks (including Bradley Field)Warwick, RI6
Undesignated ports3
Delaware:
Dover1
DoverWilmington312
Wilmington (including NCCA, Delaware City, and Claymont)2
Wilmington (including NCCA, Delaware City, and Claymont)Dover3
WilmingtonPhiladelphia, PA3
WilmingtonBaltimore, MD5
WilmingtonBridgeton3
WilmingtonTrenton3
District of Columbia:
Washington, DC Metropolitan area (including Arlington and Alexandria, VA; Andrews AFB, MD; and Washington Navy Yard)Andrews AFB, MD2
Washington, DC Metropolitan area (including Arlington and Alexandria, VA; Andrews AFB, MD; and Washington Navy Yard)Baltimore, MD2
Washington, DC Metropolitan area (including Arlington and Alexandria, VA; Andrews AFB, MD; and Washington Navy Yard)Beltsville, MD2
Washington, DC Metropolitan area (including Arlington and Alexandria, VA; Andrews AFB, MD; and Washington Navy Yard)Dulles International Airport, VA212
Florida:
ApalachicolaPanama City3
ApalachicolaPensacola6
Boca GrandeTampa5
Eglin AFBPanama City3
Eglin AFBPensacola3
Fort Lauderdale2
Fort MeyersTampa5
Fort MyersFort Myers2
Fort MyersPalmetto5
Fort Pierce1
Fort PierceWest Palm Beach3
Jacksonville2
Key West1
MarathonKey West2
Miami2
Orlando2
OrlandoPort Canaveral3
OrlandoOcoee2
Panama City1
Panama CityMobile, AL7
Panama CityPensacola5
Patrick AFB1
Pensacola1
PensacolaMobile, AL3
PensacolaPanama City5
Pompano BeachFort Lauderdale   3
Port Canaveral1
Port Everglades2
Port St. JoePanama City2
Port St. JoePensacola6
St. Petersburg/ClearwaterTampa2
Tampa2
West Palm Beach1
Undesignated ports3
Georgia:
Atlanta2
Brunswick2
BrunswickSavannah4
ColumbusAtlanta4
MariettaAtlanta2
St. Mary'sBrunswick3
St. Mary'sJacksonville, FL3
Savannah2
Undesignated ports3
Hawaii:
Barbers Point NASHonolulu2
Barking Sands NASLihue3
HakalauHilo   2
Hilo1
Honolulu2
Kaanapali, Lahaina, MauiKahului, Maui2
Kaanapali, Lahaina (Maui)Honolulu6
Kahului, Maui1
Kahului, MauiHonolulu4
Kailua, KonaHilo5
Kailua, KonaKeahole1
KalapanaHilo2
Kaneohi MCASHonolulu2
KapaaLihue2
KapahiLihue2
KeaauHilo1
Keahole1
KeauhouHonolulu5
KeauhouKeahole2
KurtistownHilo   2
Lihue AirportLihue1
Lihue, Kauai1
Lihue, KauaiHonolulu5
MahaiulaKeahole2
Mt. ViewHilo   2
Napili-KapaluaMaui3
NawiliwiliLihue1
PepeekeoHilo   2
PoipuLihue3
Port AllenLihue3
PrincevilleLihue3
South KohalaHilo4
UmaumaHilo   2
Wahiawa, OahuHonolulu2
Wailea-MakenaMaui2
West Loch, Pearl HarborHonolulu2
Undesignated ports3
Idaho:
Mountain Home AFBCaldwell3
Mountain Home AFBTwin Falls4
Illinois:
Chicago3
Undesignated ports3
Indiana:
Burns Harbor (including Gary)Frankfort5
EvansvilleFranklin6
GaryHanna2
IndianapolisFrankfort3
IndianapolisFranklin2
Indianapolis1
Mount VernonFranklin6
Undesignated ports3
Iowa:
DavenportDes Moines6
Des Moines1
Soiux CityDes Moines6
Undesignated portsDes Moines6
Kansas:
Johnson County IndustrialKansas City, MO2
TopekaKansas City, MO3
TopekaWichita6
Wichita112
Kentucky:
CovingtonLexington4
Fort CampbellBrentwood, TN4
Fort CampbellJackson, TN5
Greater Cincinnati AirportErlanger, KY2
Greater Cincinnati AirportLouisville, KY1
Greater Cincinnati AirportLouisville, KY4
LouisvilleErlanger4
LouisvilleLexington4
Undesignated ports3
Louisiana:
Barksdale AFB, ShreveportBaton Rouge6
Barksdale AFB, ShreveportMonroe4
Barksdale AFBShreveport112
Baton Rouge (including Port Allen)2
BurasNew Orleans4
BurnsideBaton Rouge3
CameronLake Charles3
CarlyssLake Charles2
Clifton RidgeLake Charles2
ConventBaton Rouge3
DonaldsonvilleBaton Rouge3
England Air ParkBaton Rouge5
England Air ParkShreveport5
England Air ParkMonroe4
FouchonNew Orleans5
GeismarBaton Rouge2
HackberryLake Charles2
Lake CharlesBaton Rouge5
Lake CharlesPort Arthur, TX3
Lake Charles1
Morgan CityNew Orleans4
New Orleans2
OstricaNew Orleans4
PlaquemineBaton Rouge2
Port of TallulahBaton Rouge6
Port of TallulahWest Monroe3
St. GabrielBaton Rouge2
St. JamesBaton Rouge3
Uncle SamBaton Rouge3
VeniceNew Orleans4
Points on the Mississippi River above the St. Charles-Jefferson Parish boundary to and including Gramercy, LA: any point below Chalmette, LA, on the east bank; and Belle Chasse, LA, and points to and including Port Sulphur on the west bankNew Orleans3
Undesignated ports3
Maine:
Bangor1
BangorAugusta3
BathPortland2
Brunswick NASPortland2
Brunswick NASAugusta2
BucksportBangor2
Cousins IslandPortland1
EastportBangor6
HarpswellPortland2
KitteryPortland3
Portland1
PortlandAugusta3
PortlandManchester, NH6
SearsportAugusta4
SearsportBangor3
WiscassetPortland3
WinterportBangor2
Undesignated ports3
Maryland:
Aberdeen Proving GroundBaltimore3
Andrews AFB2
Andrews AFBBaltimore312
Andrews AFBBeltvsille2
Andrews AFBDulles International Airport, VA212
AnnapolisBaltimore3
Baltimore3
BaltimoreAndrews AFB312
CambridgeBaltimore4
CambridgeDover, DE4
Piney PointBaltimore5
Piney PointBeltsville4
SalisburyDover, DE3
SalisburyBaltimore4
Undesignated portsDover, DE, or Dulles International Airport, VA3
(For other points in Maryland, see DC listing)
Massachusetts:
Boston3
BostonNew Bedford5
Fall RiverBoston5
Fall RiverNew Bedford2
Fall RiverWarwick, RI3
GloucesterBoston4
New Bedford1
New BedfordBoston5
New BedfordWarwick, RI3
Otis ANG/CGNSBoston6
Otis ANG/CGNSNew Bedford3
Otis ANG/CGNSWarwick, RI5
PlymouthWarwick, RI3
ProvincetownWarwick, RI6
SandwichBoston6
SandwichNew Bedford3
SandwichWarwick, RI4
SomersetBoston4
SomersetNew Bedford2
Westover AFBBoston6
Westover AFBHadley112
Westover AFBWindsor Locks, CT2
Woods HoleBoston6
Woods HoleNew Bedford3
Woods HoleWarwick, RI5
Undesignated portsBoston, New Bedford, MA and Warwick, RI3
Undesignated portsWindsor Locks, CT3
Mexico:
CamargoRoma, TX1
Ciudad AcunaDel Rio, TX1
Ciudad AcunaEagle Pass, TX3
Ciudad AcunaLaredo, TX6
Ciudad AcunaPleasanton, TX6
Ciudad JuarezEl Paso, TX1
MatamorosBrownsville, TX1
MierRoma, TX1
Nuevo Cd. GuerreroRoma, TX1
Nuevo LaredoDel Rio, TX4
Nuevo LaredoEagle Pass, TX5
Nuevo LaredoLaredo, TX1
Nuevo LaredoPharr, TX6
Nuevo LaredoPleasanton, TX5
Nuevo ProgresoProgreso, TX1
OjinagaEl Paso, TX6
OjinagoPresidio1
Piedras NegrasEagle Pass, TX1
Piedras NegrasLaredo, TX5
Piedras NegrasPharr, TX10
Piedras NiegrosPleasanton, TX5
Reynosa EaglePass, TX12
ReynosaHidalgo, TX1
ReynosaLaredo, TX5
ReynosaMission, TX1
ReynosaPharr, TX1
San JeronimoPresidio, TX6
San JeronimoSanta Theresa, NM1
Michigan:
Battle CreekGrand Rapids3
Bay CityMt. Pleasant3
Detroit (including Detroit Metropolitan Airport, and Willow Run Airport)Romulus/Detroit3
Kent County AirportGrand Rapids1
MuskegonGrand Rapids2
PontiacRomulus4
SaginawMt. Pleasant3
Selfridge AFBPort Huron3
Minnesota:
Duluth2
DuluthMinneapolis6
Minneapolis-St. Paul2
Mississippi:
GreenvilleJackson5
Gulfport1
Jackson1
Keesler AFBGulfport1
NatchezBrookhaven4
PascagoulaGulfport2
PascagoulaMobile, AL3
Port BienvilleGulfport2
VicksburgJackson3
Undesignated ports3
Missouri:
Kansas City1
Kansas CitySt. Charles6
Kansas City International Airport1
Kansas City International AirportSt. Louis6
Richards-Gebaur AFBKansas City2
Rosecrans AFBKansas City3
St. Louis and St. Louis International AirportSt. Louis2
Whiteman, AFBKansas City4
Montana:
Butte International AirportBillings6
Great Falls International AirportGreat Falls1
Nebraska:
Omaha (including Offutt AFB)Lincoln3
Nevada:
Las Vegas1
Reno1
New Hampshire:
Keene Airport, KeeneGroton6
LebanonManchester5
Manchester2
NewingtonManchester4
NewingtonPortland, ME3
Pease AFBManchester4
Pease AFBPortland, ME3
PortsmouthManchester4
PortsmouthPortland, ME3
Undesignated portsManchester3
New Jersey:
Atlantic CityMcGuire AFB3
Atlantic CityMullica Hill212
BurlingtonTrenton1
Coast Guard Station, Cape MayMullica Hill4
DeepwaterMullica Hill2
HammontonMullica Hill2
HammontonTrenton3
Lakehurst NASMcGuire AFB2
LeonardoMcGuire AFB4
LeonardoTrenton4
McGuire AFBMullica Hill3
McGuire AFBTrenton2
McGuire AFB, Wrightstown2
PaulsboroMullica Hill112
PaulsboroPhiladelphia, PA3
SalemMcGuire AFB3
SalemTrenton3
Trenton2
New Mexico:
Albuquerque1
ColumbusDeming112
ColumbusEl Paso, TX6
ColumbusLas Cruces4
Holloman AFB, AlamogordoEl Paso, TX4
Santa TeresaEl Paso, TX112
Santa TeresaLas Cruces112
Undesignated ports3
New York:
Alexandria BayOneida5
Buffalo2
Chateaugay (including Churubusco and Cannon Corners)Rouses Point3
CorningAvoca2
CorningBig Flats1
FarmingdaleWesthampton Beach3
IslipWesthampton Beach2
Jamaica, Long Island2
LewistonBuffalo2
MassenaRouses Point5
New York3
Niagara FallsBuffalo2
OgendsburgRouses Point6
OswegoBuffalo6
OswegoCanandaigua4
OswegoOneida3
PlattsburghRouses Point3
RochesterAvoca3
RochesterBuffalo4
RochesterCanandaigua2
RooseveltownRouses Point5
Rouses Point (including Champlain)Rouses Point2
Syracuse1
SyracuseBuffalo6
SyracuseCanandaigua3
SyracuseOneida2
WatertownOneida4
Westhampton ANGWesthampton1
Undesignated portsBuffalo or Rouses Point3
North Carolina:
Camp LejeuneMorehead City2
Camp LejeuneWilmington3
Charlotte2
CharlotteBurlington5
CharlotteGreensboro4
Charlotte International AirportLaurinburg5
Cherry PointGoldsboro4
Cherry PointMorehead City2
Elizabeth City1
Fort BraggFayetteville2
Greensboro112
GreensboroCharlotte4
GreensboroFayetteville412
GreensboroLaurinburg6
Morehead City1
Morehead CityClinton4
Morehead CityGoldsboro4
New River MCASMorehead City3
Pope AFBClinton212
Pope AFBFayetteville112
Pope AFBGoldsboro4
RaleighClinton4
RaleighFayetteville4
RaleighGoldsboro4
RaleighRaleigh2
Seymour-Johnson AFBGoldsboro1
Sunny Point Army Terminal, SouthportWilmington2
Wilmington1
Undesignated ports3
Ohio:
AkronCleveland2
AshtabulaCleveland3
CincinnatiColumbus6
CincinnatiDayton3
CincinnatiToledo6
CincinnatiWashington Court House3
Cleveland2
ClevelandToledo5
Columbus2
ColumbusCleveland6
ColumbusDayton4
ColumbusToledo6
ColumbusWashington Court House3
Dayton2
DaytonColumbus4
DaytonToledo6
DaytonWashington Court House3
Fairport HarborCleveland2
Greater Cincinnati Airport (Boone County, KY)Erlanger, KY2
LorraineCleveland2
Lunken AirportErlanger, KY1
Rickenbacker AFBCleveland6
Rickenbacker AFBWashington Court House3
Toledo2
ToledoCleveland5
ToledoRomulus, MI4
Undesignated ports3
Oklahoma:
Altus AFBOklahoma City6
Altus AFBElk City3
Oklahoma CityTulsa6
Port of MuskogeeTulsa2
Port ArrowTulsa1
Port of CatoosaTulsa1
Port of Rogers TerminalTulsa1
Port of VerdigrisTulsa1
Tulsa1
Tulsa International AirportOklahoma City6
Tulsa International AirportTulsa1
Tinker AFB, Oklahoma City1
Will Rogers World Airport, Oklahoma City1
Undesignated portsOklahoma City3
Undesignated ports3
Oregon:
AstoriaPortland5
Portland2
The DallesEllensburg, WA6
Undesignated ports3
Pennsylvania:
Allentown-Bethlehem Easton AirportCarlisle5
Allentown-BethlehemDallas5
ChesterPhiladelphia3
ChesterWilmington, DE1
Easton AirportGap5
ErieBuffalo, NY, or Cleveland, OH4
ErieMeadville3
ErieMercer4
EriePittsburgh6
Greater Pittsburgh International AirportCleveland, OH6
Greater Pittsburgh International AirportMeadville5
Greater Pittsburgh International AirportMercer4
Greater Pittsburgh International AirportPittsburgh3
Harrisburg International AirportCarlisle2
Harrisburg International AirportDallas6
Harrisburg International AirportGap4
Harrisburg International AirportPhiladelphia5
Harrisburg International AirportWilliamsport6
Lehigh Valley International Airport, AllentownGap4
Lehigh Valley International Airport, AllentownSweet Valley4
Marcus HookPhiladelphia3
Marcus HookWilmington, DE1
Philadelphia3
PhiladelphiaBridgeton3
PhiladelphiaMcGuire Air Force Base3
PhiladelphiaTrenton3
PhiladelphiaWilmington, DE3
TullytownPhiladelphia3
Wilkes-Barre/Scranton International AirportDallas2
Wilkes-Barre/Scranton AirportWilliamsport6
Willow Grove NASPhiladelphia3
Undesignated portsDallas or Gap3
Puerto Rico:
AguadillaMayaguez2
AguirrePonce3
AreciboSan Juan3
Borinquen FieldMayaguez2
FajardoRoosevelt Road1
FajardoSan Juan3
GuanicaMayaguez2
GuanicaPonce2
GuayamaPonce3
GuayanillaPonce2
Humacao and YabucoaSan Juan4
Mayaguez (including points from Ramey to Cabo Rojo)San Juan5
Mayaguez and El Mani Airport1
Ponce (including all subports in the Ponce customs district)San Juan4
Ponce and Mercedita Airport1
Roosevelt Roads1
San Juan2
Tallaboa (Penuelas)Ponce2
YabucoaRoosevelt Roads3
Undesignated ports3
Rhode Island:
Davisville NSDBoston, MA4
Davisville NSDWarwick2
MelvilleWarwick3
NewportBoston, MA5
NewportWarwick4
PortsmouthWarwick3
ProvidenceBoston, MA4
ProvidenceWarwick2
Quonset PointBoston, MA4
Quonset PointWarwick2
SaunderstownWarwick3
TivertonWarwick3
Warwick2
WarwickGroton, CT4
Undesignated ports3
South Carolina:
Beaufort-Port RoyalCharleston4
Beaufort-Port RoyalSavannah3
Beaufort-Port RoyalYamassee3
Charleston2
ColumbiaCharleston4
Columbia1
GeorgetownCharleston3
Greenville-Spartanburg1
McEntire NG Air BaseColumbia2
McEntire NG Air Base, EastoverCharleston4
Myrtle Beach AFBCharleston4
Myrtle Beach AFBConway1
Shaw AFBColumbia and Florence2
Shaw AFB, SumterCharleston4
Undesignated ports3
South Dakota:
Ellsworth AFBPierre6
Tennessee:
Knoxville1
Memphis2
MemphisJackson4
Memphis International AirportBatesville, MS212
MillingtonJackson4
MillingtonMemphis2
Nashville2
NashvilleJackson6
Undesignated ports3
Texas:
Aransas PassCorpus Christi212
Barbour's CutHouston2
BayportHouston2
BaytownHouston2
BeaumontPort Arthur2
BeaumontLake Charles3
Brownsville1
BrownsvillePharr3
Carswell Field, Fort WorthDallas-Fort Worth International Airport3
ColumbiaLaredo2
Corpus ChristiCorpus Christi2
Corpus Christi NASCorpus Christi2
Dallas1
Dallas (including Love Field)Dallas-Fort Worth International Airport1
Dallas-Fort Worth International Airport1
Dallas-Fort Worth International AirportDecatur2
Del Rio1
Del RioEagle Pass3
DonnaHidalgo2
Dyess AFBAbilene1
Eagle Pass1
El Paso1
FabensEl Paso2
Falcon HeightsRoma112
FreeportGalveston or Houston3
Fort HoodCollege Station5
Fort HoodWaco3
Galveston1
GalvestonHouston4
GregoryCorpus Christi2
Houston (including Houston Intercontinental Airport)Bellville4
Houston (including Houston Intercontinental Airport)Bryan4
Houston (including Houston Intercontinental Airport)Georgetown8
Houston (including Houston Intercontinental Airport)Pleasanton8
Ingleside and Harbor Island (Port Aransas)Corpus Christi3
Harlingen1
HarlingenMcAllen2
HidalgoBrownsville3
Houston (Including Houston Intercontinental Airport)2
Kelly AFBSan Antonio2
La FeriaHidalgo2
Laredo1
Laughlin AFBDel Rio1
Meacham FieldDallas-Fort Worth International Airport2
MercedesHidalgo2
OrangePort Arthur2
Pharr (Includes Hidalgo and McAllen International Airport112
Point Comfort1
Point ComfortVictoria2
Port Arthur1
Port ArthurLake Charles, LA3
Port IsabelBrownsville2
Presidio1
Progreso1
ProgresoBrownsville or Hidalgo2
ProgresoHarlingen112
Randolph AFBSan Antonio2
Robert Grey Army AirfieldCollege Station5
Robert Grey Army AirfieldSan Antonio6
Robert Grey Army AirfieldWaco3
RockportCorpus Christi3
RomaBrownsville5
RomaLaredo4
Roma (Includes Rio Grande City)1
RomaPharr3
Sabine PassPort Arthur1
San Antonio1
Texas CityGalveston1
WeslacoHidalgo2
Undesignated ports3
Utah:
Salt Lake City International Airport2
Hill Air Force Base, OgdenSalt Lake City4
Vermont:
AlburgBerlin5
AlburgRouses Point, NY1
AlburgSt. Albans2
BattleboroBerlin5
BattleboroSt. Albans6
BurlingtonMontpelier3
BurlingtonSt. Albans1
Derby LineBerlin5
Derby LineSt. Albans5
Highgate SpringsBerlin4
Highgate SpringsSt. Albans2
Montpelier1
RichfordBerlin5
RichfordSt. Albans3
St. Albans (including Highgate Springs and Morses Line)Rouses Point, NY3
Undesignated portsMontpelier3
Undesignated portsRouses Point, NY3
Undesignated portsSt. Albans3
Virgin Islands:
Alexander Hamilton Airport, St. Croix1
Charlotte Amalie, St. Thomas1
Christiansted, St. Croix1
Cruz Bay, St. John, USVISt. Thomas, USVI3
Frederiksted, St. Croix1
Undesignated ports3
Virginia:
Alexandria or ArlingtonAndrews AFB, MD2
Alexandria or ArlingtonDulles International Airport212
Alexandria or ArlingtonBeltsville, MD2
Dulles International Airport2
Dulles International AirportBaltimore, MD3
Dulles International AirportBeltsville, MD212
Dulles International AirportFredericksburg3
HopewellNorfolk5
Norfolk Metropolitan Area (including Chesapeake, Hampton, Newport News, Portsmouth and Virginia Beach)2
Quantico MCASDulles International Airport3
Quantico MCASFredericksburg112
RichmondNorfolk5
Undesignated ports3
(For other points in Virginia, see District of Columbia listing)
Washington:
AberdeenSeattle, maritime port4
AnacortesBlaine3
Ault FieldBlaine4
Bangor NSOSeattle, maritime port4
BellinghamBlaine2
Blaine1
BrewsterEllensberg6
BrewsterSpokane6
BrewsterWenatchee4
Cherry PointBlaine1
EdmondsSeattle, maritime port2
Ellensburg1
EverettSeattle, maritime port3
FerndaleBlaine2
Fort LewisTacoma2
Grays HarborSeattle, maritime port6
Grays HarborTacoma4
Hood RiverEllensburg6
LyndenBlaine2
McChord AFBSeattle, maritime port3
McChord AFBTacoma2
Moses LakeEllensburg3
Moses LakeWenatchee3
OlympiaSeattle, maritime port3
OlympiaTacoma2
Oroville1
Paine FieldSeattle, maritime port3
PascoEllensburg5
PascoSpokane6
PascoWenatchee6
Point WellsSeattle, maritime port2
Port AngelesSeattle, maritime port6
Port AngelesTacoma6
Port TownsendSeattle, maritime port4
SawyerEllensburg3
SawyerWenatchee5
SEA TAC Airport2
Seattle, maritime port2
SumasBlaine2
Tacoma2
Wenatchee1
WenatcheeEllensburg4
WenatcheeSpokane6
Yakima1
YakimaEllensburg3
YakimaWenatchee6
West Virginia:
Kanawha AirportCharleston1
Kanawha AirportClarksburg6
Wisconsin:
Green BayMilwaukee4
KenoshaMilwaukee2
MadisonMilwaukee4
Milwaukee1
MilwaukeeMadison412
MilwaukeeO'Hare International Airport, Chicago, IL5
RacineMilwaukee2
SuperiorDuluth, MN1
Undesignated portsDuluth, MN or Milwaukee3
Wyoming:
Cheyanne1
Temporary detail:
Any inspection point to which an employee may be temporarily detailed1

[49 FR 32332, Aug. 14, 1984]

Editorial Note: For Federal Register citations affecting §354.2, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

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§354.3   User fees for certain international services.

(a) Definitions. Whenever in this section the following terms are used, unless the context otherwise requires, they shall be construed, respectively, to mean:

APHIS. The Animal and Plant Health Inspection Service of the United States Department of Agriculture.

Arrival. Arrival at a port of entry in the customs territory of the United States, or at any place served by a port of entry as specified in 19 CFR 101.3.

Barge. A non-self-propelled commercial vessel that transports cargo that is not contained in shipping containers. This does not include integrated tug barge combinations.

Calendar year. The period from January 1 to December 31, inclusive, of any particular year.

Certificate. Any certificate issued by or on behalf of APHIS describing the condition of a shipment of plants or plant products for export, including but not limited to Phytosanitary Certificate (PPQ Form 577), Export Certificate for Processed Plant Products (PPQ Form 578), and Phytosanitary Certificate for Reexport (PPQ Form 579).

Commercial aircraft. Any aircraft used to transport persons or property for compensation or hire.

Commercial purpose. The intention of receiving compensation, or making a gain or profit.

Commercial railroad car. A railroad car used or capable of being used for transporting property for compensation or hire.

Commercial shipment. A shipment for gain or profit.

Commercial truck. A self-propelled vehicle, designed and used for transporting property for compensation or hire. Empty trucks and truck cabs without trailers fitting this description are included.

Commercial vessel. Any watercraft or other contrivance used or capable of being used as a means of transportation on water to transport property for compensation or hire, with the exception of any aircraft or ferry.

Customs. The Bureau of Customs and Border Protection, U.S. Department of Homeland Security.

Customs territory of the United States. The 50 States, the District of Columbia, and Puerto Rico.

Designated State or county inspector. A State or county 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 plant products inspected under the Plant Protection Act.

Person. An individual, corporation, partnership, trust, association, or any other public or private entity, or any officer, employee, or agent thereof.

(b) Fee for inspection of commercial vessels of 100 net tons or more. (1) Except as provided in paragraph (b)(2) of this section, the master, licensed deck officer, or purser of any commercial vessel which is subject to inspection under part 330 of this chapter or 9 CFR chapter I, subchapter D, and which is either required to make entry at the customs house under 19 CFR 4.3 or is a United States-flag vessel proceeding coastwise under 19 CFR 4.85, shall, upon arrival, proceed to Customs and pay an agricultural quarantine and inspection (AQI) user fee. The AQI user fee for each arrival is shown in the following table. The AQI user fee shall be collected at each port of arrival.

Effective dateAmount
Beginning December 28, 2015$825

(2) The following categories of commercial vessels are exempt from paying an AQI user fee:

(i) Foreign passenger vessels making at least three trips a week from a port in the United States to the high seas (including “cruises to nowhere”) and returning to the same port in the United States, not having touched any foreign port or place, or taken on any stores;

(ii) Any vessel which, at the time of arrival, is being used solely as a tugboat;

(iii) Vessels used exclusively in the governmental service of the United States or a foreign government, including any agency or political subdivision of the United States or a foreign government, so long as the vessel is not carrying persons or merchandise for commercial purposes;

(iv) Vessels arriving in distress or to take on fuel, sea stores, or ship's stores; and

(v) Tugboats towing vessels on the Great Lakes.

(vi) Barges traveling solely between the United States and Canada that do not carry cargo originating from countries other than the United States or Canada and do not carry plants or plant products, or animals or animal products, and that do not carry soil or quarry products from areas in Canada listed in §319.77-3 of this chapter as being infested with gypsy moth.

(vii) Vessels returning to the United States after traveling to Canada solely to take on fuel.

(c) Fee for inspection of commercial trucks. (1) The driver or other person in charge of a commercial truck that is enteing the customs territory of the United States and that is subject to inspection under part 330 of this chapter or under 9CFR, chapter I, subchapter D, must, upon arrival, proceed to Customs and pay and AQI user fee for each arrival, as shown in the following table:

Effective dateAmount
Beginning December 28, 2015$7.55

(2) [Reserved]

(3) Prepayment.

(i) The owner or operator of a commercial truck, if entering the customs territory of the United States and applying for a prepaid Customs permit for a calendar year, must apply for a prepaid AQI permit for the same calendar year. Applicants must apply to Customs for prepaid AQI permits.1 The following information must be provided, together with payment of an amount 40 times the AQI user fee for each arrival:

1Applicants should refer to Customs and Border Protection regulations (19 CFR part 24) for specific instructions.

(A) Vehicle make, model, and model year.

(B) Vehicle Identification Number (VIN).

(C) License numbers issued by State, Province, or country.

(D) Owner's name and address.

(ii) No credit toward the prepaid AQI permit will be given for user fees paid for individual arrivals.

(d) Fee for inspection of commercial railroad cars. (1) Except as provided in paragraph (d)(2) of this section, an AQI user fee will be charged for each loaded commercial railroad car which is subject to inspection under part 330 of this chapter or under 9 CFR chapter I, subchapter D, upon each arrival. The railroad company receiving a commercial railroad car in interchange at a port of entry or, barring interchange, the railroad company moving a commercial railroad car in line haul service into the customs territory of the United States, is responsible for paying the AQI user fee. The AQI user fee for each arrival of a loaded railroad car is shown in the following table. If the AQI user fee is prepaid for all arrivals of a commercial railroad car during a calendar year, the AQI user fee is an amount 20 times the AQI user fee for each arrival.

Effective dateAmount
Beginning December 28, 2015$2

(2) The following categories of commercial railroad cars are exempt from paying an AQI user fee:

(i) Any commercial railroad car that is part of a train whose journey originates and terminates in Canada if—

(A) The commercial railroad car is part of the train when the train departs Canada; and

(B) No passengers board or disembark from the commercial railroad car, and no cargo is loaded or unloaded from the commercial railroad car, while the train is within the United States.

(ii) Any commercial railroad car that is part of a train whose journey originates and terminates in the United States, if—

(A) The commercial railroad car is part of the train when the train departs the United States; and

(B) No passengers board or disembark from the commercial railroad car, and no cargo is loaded or unloaded from the commercial railroad car, while the train is within any country other than the United States; and

(iii) Locomotives and cabooses.

(3) Prepayment.

(i) Railroad companies may, at their option, prepay the AQI user fee for each commercial railroad car for a calendar year. This payment must be remitted in accordance with paragraph (d)(5) of this section.

(ii) No credit toward the calendar year AQI user fee will be given for AQI user fees paid for individual arrivals.

(4) Statement procedures. The Association of American Railroads (AAR), and the National Railroad Passenger Corporation (AMTRAK), shall file monthly statements with the U.S. Bank, United States Department of Agriculture (USDA), APHIS, AQI, P.O. Box 979044, St. Louis, MO 63197-9000, within 60 days after the end of each calendar month. Each statement shall indicate:

(i) The number of loaded commercial railroad cars entering the customs territory of the United States during the relevant period;

(ii) The number of those commercial railroad cars pulled by each railroad company; and

(iii) The total monthly AQI user fee due from each railroad company.

(5) Remittance procedures. Individual railroad companies shall remit the AQI user fees calculated by AAR, and AMTRAK shall remit the AQI user fees it has calculated, within 60 days after the end of each calendar month in which commercial railroad cars entered the customs territory of the United States. AQI user fees, together with monthly statements, must be remitted to the U.S. Bank, United States Department of Agriculture (USDA), APHIS, AQI, P.O. Box 979044, St. Louis, MO 63197-9000.

(6) Compliance. AAR, AMTRAK, and each railroad company responsible for making AQI user fee payments must allow APHIS personnel to verify the accuracy of AQI user fees collected and remitted and otherwise determine compliance with 21 U.S.C. 136a and this paragraph. The AAR, AMTRAK, and each railroad company responsible for making AQI user fee payments must advise the U.S. Bank, United States Department of Agriculture (USDA), APHIS, AQI, P.O. Box 979044, St. Louis, MO 63197-9000, of the name, address, and telephone number of a responsible officer who is authorized to verify AQI user fee calculations, collections, and remittances, as well as any changes in the identifying information submitted.

(e) Fee for inspection of commercial aircraft. (1) Except as provided in paragraph (e)(2) of this section, an AQI user fee will be charged for each commercial aircraft which is arriving, or which has arrived and is proceeding from one United States airport to another under a Bureau of Customs and Border Protection “Permit to Proceed,” as specified in 19 CFR 122.81 through 122.85, or an “Agricultural Clearance or Safeguard Order” (PPQ Form 250), used pursuant to §330.400 of this chapter and 9 CFR 94.5, and which is subject to inspection under part 330 of this chapter or 9 CFR chapter I, subchapter D. Each carrier is responsible for paying the AQI user fee. The AQI user fee for each arrival is shown in the following table:

Effective dateAmount
Beginning December 28, 2015$225

(2) The following categories of commercial aircraft are exempt from paying an AQI user fee:

(i) [Reserved]

(ii) Any aircraft used exclusively in the governmental services of the United States or a foreign government, including any Agency or political subdivision of the United States or a foreign government, as long as the aircraft is not carrying persons or merchandise for commercial purposes;

(iii) Any aircraft making an emergency or forced landing when the original destination of the aircraft was a foreign port;

(iv) Any passenger aircraft with 64 or fewer seats, which is not carrying the following cargo: Fresh fruits, fresh vegetables, plants, unprocessed plant products, cotton or covers, sugarcane, or fresh or processed meats; and which does not offer meal service other than beverages and prepackaged snacks that do not contain meats derived from ruminants, swine, or poultry or fresh fruits and fresh vegetables. Aircraft exempt from the user fee under this paragraph would still be subject to the garbage handling requirements found in §330.400 of this chapter and 9 CFR 94.5;

(v) Any aircraft moving from the United States Virgin Islands to Puerto Rico; and

(vi) Any aircraft making an intransit stop at a port of entry, during which the aircraft does not proceed through any portion of the Federal clearance process, such as inspection or clearance by APHIS or the Bureau of Customs and Border Protection, no cargo is removed from or placed on the aircraft, no passengers get on or off the aircraft, no crew members get on or off the aircraft, no food is placed on the aircraft, and no garbage is removed from the aircraft.

(3) Remittance and statement procedures. (i) Each carrier must remit the appropriate fees to the U.S. Bank, United States Department of Agriculture (USDA), APHIS, AQI, P.O. Box 979044, St. Louis, MO 63197-9000, for receipt no later than 31 days after the close of the calendar quarter in which the aircraft arrivals occurred. Late payments will be subject to interest, penalty, and handling charges as provided in the Debt Collection Act of 1982, as amended by the Debt Collection Improvement Act of 1996 (31 U.S.C. 3717).

(ii) The remitter must mail with the remittance a written statement to the U.S. Bank, United States Department of Agriculture (USDA), APHIS, AQI, P.O. Box 979044, St. Louis, MO 63197-9000. The statement must include the following information:

(A) Name and address of the person remitting payment;

(B) Taxpayer identification number of the person remitting payment;

(C) Calendar quarter covered by the payment;

(D) Ports of entry at which inspections occurred;

(E) Number of arrivals at each port; and

(F) Amount remitted.

(iii) Remittances must be made by check or money order, payable in United States dollars, through a United States bank, to “The Animal and Plant Health Inspection Service.”

(4) Compliance. Each carrier subject to this section must allow APHIS personnel to verify the accuracy of the AQI user fees remitted and to otherwise determine compliance with 21 U.S.C. 136a and this paragraph. Each carrier must advise the U.S. Bank, United States Department of Agriculture (USDA), APHIS, AQI, P.O. Box 979044, St. Louis, MO 63197-9000, of the name, address, and telephone number of a responsible officer who is authorized to verify AQI user fee calculations and remittances, as well as any changes in the identifying information submitted.

(5) Limitations on charges. (i) Airlines will not be charged reimbursable overtime for inspection of aircraft if the aircraft is subject to the AQI user fee for arriving aircraft as prescribed by this section.

(ii) Airlines will not be charged reimbursable overtime for inspection of cargo from an aircraft if:

(A) The aircraft is subject to the AQI user fee for arriving aircraft as prescribed by this section; and

(B) The cargo is inspected between 8 a.m. and 4:30 p.m., Monday through Friday; or

(C) The cargo is inspected concurrently with the aircraft.

(f) Fee for inspection of international passengers. (1) Except as specified in paragraph (f)(2) of this section, each passenger aboard a commercial aircraft or cruise ship who is subject to inspection under part 330 of this chapter or 9 CFR, chapter I, subchapter D, upon arrival from a place outside of the customs territory of the United States, must pay an AQI user fee. The AQI user fee will apply to tickets purchased beginning December 28, 2015. The fees are shown in the following table:

Effective dates1Passenger typeAmount
Beginning December 28, 2015Commercial aircraft$3.96
Beginning December 28, 2015Cruise ship1.75

1Persons who issue international airline and cruise line tickets or travel documents are responsible for collecting the AQI international airline passenger user fee and the international cruise ship passenger user fee from ticket purchasers. Issuers must collect the fee applicable at the time tickets are sold. In the event that ticket sellers do not collect the AQI user fee when tickets are sold, the air carrier or cruise line must collect the user fee that is applicable at the time of departure from the passenger upon departure.

(2) The following categories of passengers are exempt from paying an AQI user fee:

(i) Crew members onboard for purposes related to the operation of the vessel;

(ii) Crew members who are on duty on a commercial aircraft;

(iii) Airline employees, including “deadheading” crew members, who are traveling on official airline business;

(iv) Diplomats, except for United States diplomats, who can show that their names appear on the accreditation listing maintained by the United States Department of State. In lieu of the accreditation listing, an individual diplomat may present appropriate proof of diplomatic status to include possession of a diplomatic passport or visa, or diplomatic identification card issued by a foreign government;

(v) Passengers departing and returning to the United States without having touched a foreign port or place;

(vi) Passengers arriving on any commercial aircraft used exclusively in the governmental service of the United States or a foreign government, including any agency or political subdivision of the United States or a foreign government, so long as the aircraft is not carrying persons or merchandise for commercial purposes. Passengers on commercial aircraft under contract to the United States Department of Defense (DOD) are exempted if they have been precleared abroad under the joint DOD/APHIS Military Inspection Program;

(vii) Passengers arriving on an aircraft due to an emergency or forced landing when the original destination of the aircraft was a foreign port;

(viii) Passengers transiting the United States and not subject to inspection; and

(ix) Passengers moving from the United States Virgin Islands to Puerto Rico.

(3) AQI user fees shall be collected under the following circumstances:

(i) When through tickets or travel documents are issued indicating travel to the customs territory of the United States that originates in any foreign country; and

(ii) When passengers arrive in the customs territory of the United States in transit from a foreign country and are inspected by APHIS or Customs.

(4) Collection of fees. (i) Any person who issues tickets or travel documents on or after May 13, 1991, is responsible for collecting the AQI user fee from all passengers transported into the customs territory of the United States to whom the AQI user fee applies.

(A) Tickets or travel documents must be marked by the person who collects the AQI user fee to indicate that the required AQI user fee has been collected from the passenger.

(B) If the AQI user fee applies to a passenger departing from the United States and if the passenger's tickets or travel documents were issued on or after May 13, 1991, but do not reflect collection of the AQI user fee at the time of issuance, then the carrier transporting the passenger from the United States must collect the AQI user fee upon departure.

(C) AQI user fees collected from international passengers pursuant to paragraph (f) of this section shall be held in trust for the United States by the person collecting such fees, by any person holding such fees, or by the person who is ultimately responsible for remittance of such fees to APHIS. AQI user fees collected from international passengers shall be accounted for separately and shall be regarded as trust funds held by the person possessing such fees as agents, for the beneficial interest of the United States. All such user fees held by any person shall be property in which the person holds only a possessory interest and not an equitable interest. As compensation for collecting, handling, and remitting the AQI user fees for international passengers, the person holding such user fees shall be entitled to any interest or other investment return earned on the user fees between the time of collection and the time the user fees are due to be remitted to APHIS under this section. Nothing in this section shall affect APHIS' right to collect interest for late remittance.

(5) Remittance and statement procedures. (i) The carrier whose ticket stock or travel document reflects collection of the AQI user fee must remit the fee to the U.S. Bank, United States Department of Agriculture (USDA), APHIS, AQI, P.O. Box 979044, St. Louis, MO 63197-9000. The travel agent, United States-based tour wholesaler, or other entity, which issues its own non-carrier related ticket or travel document to a passenger who is subject to an AQI user fee under this part, must remit the fee to APHIS, unless by contract the carrier will remit the fee.

(ii) AQI user fees must be remitted to the U.S. Bank, United States Department of Agriculture (USDA), APHIS, AQI, P.O. Box 979044, St. Louis, MO 63197-9000, for receipt no later than 31 days after the close of the calendar quarter in which the AQI user fees were collected. Late payments will be subject to interest, penalty, and handling charges as provided in the Debt Collection Act of 1982, as amended by the Debt Collection Improvement Act of 1996 (31 U.S.C. 3717). Refunds by a remitter of AQI user fees collected in conjunction with unused tickets or travel documents shall be netted against the next subsequent remittance.

(iii) The remitter must mail with the remittance a written statement to the U.S. Bank, United States Department of Agriculture (USDA), APHIS, AQI, P.O. Box 979044, St. Louis, MO 63197-9000. The statement must include the following information:

(A) Name and address of the person remitting payment;

(B) Taxpayer identification number of the person remitting payment;

(C) Calendar quarter covered by the payment; and

(D) Amount collected and remitted.

(iv) Remittances must be made by check or money order, payable in United States dollars, through a United States bank, to “The Animal and Plant Health Inspection Service.”

(6) Carriers contracting with United States-based tour wholesalers are responsible for notifying the U.S. Bank, United States Department of Agriculture (USDA), APHIS, AQI, P.O. Box 979044, St. Louis, MO 63197-9000, of all flights contracted, the number of spaces contracted for, and the name, address, and taxpayer identification number of the United States-based tour wholesaler, within 31 days after the close of the calendar quarter in which such a flight occurred; except that, carriers are not required to make notification if tickets, marked to show collection of the AQI user fee, are issued for the individual contracted spaces.

(7) Compliance. Each carrier, travel agent, United States-based tour wholesaler, or other entity subject to this section must allow APHIS personnel to verify the accuracy of the AQI user fees collected and remitted and to otherwise determine compliance with 21 U.S.C. 136a and this paragraph. Each carrier, travel agent, United States-based tour wholesaler, or other entity must advise the U.S. Bank, United States Department of Agriculture (USDA), APHIS, AQI, P.O. Box 979044, St. Louis, MO 63197-9000, of the name, address, and telephone number of a responsible officer who is authorized to verify AQI user fee calculations, collections, and remittances, as well as any changes in the identifying information submitted.

(8) Limitation on charges. Airlines and cruise lines will not be charged reimbursable overtime for passenger inspection services required for any aircraft or cruise ship on which a passenger arrived who has paid the international passenger AQI user fee for that flight or cruise.

(g) Fees for export certification of plants and plant products. (1) For each certificate issued by APHIS personnel, the recipient must pay the applicable AQI user fee at the time and place the certificate is issued.

(2) When the work necessary for the issuance of a certificate is performed by APHIS personnel on a Sunday or holiday, or at any other time outside the regular tour of duty of the APHIS personnel issuing the certificate, in addition to the applicable user fee, the recipient must pay the applicable overtime rate in accordance with §354.1.

(3)(i) Each exporter who receives a certificate issued on behalf of APHIS by a designated State or county inspector must pay an administrative user fee, as shown in the following table. The administrative fee can be remitted by the exporter directly to APHIS through the Phytosanitary Certificate Issuance and Tracking System (PCIT), provided that the exporter has a PCIT account and submits the application for the export certificate through the PCIT. If the PCIT is not used, the State or county issuing the certificate is responsible for collecting the fee and remitting it monthly to the U.S. Bank, United States Department of Agriculture, APHIS, AQI, P.O. Box 979043, St. Louis, MO 63197-9000.

Effective datesAmount per
shipment
PCIT usedPCIT not used
October 1, 2009, through September 30, 2010$3$6
October 1, 2010, through September 30, 2011612
Beginning October 1, 2011612

(ii) The AQI user fees for an export or reexport certificate for a commercial shipment are shown in the following table.

Effective datesAmount per
shipment
October 1, 2009, through September 30, 2010$77
October 1, 2010, through September 30, 2011104
Beginning October 1, 2011106

(iii) The AQI user fees for an export or reexport certificate for a low-value commercial shipment are shown in the following table. A commercial shipment is a low-value commercial shipment if the items being shipped are identical to those identified on the certificate; the shipment is accompanied by an invoice which states that the items being shipped are worth less than $1,250; and the shipper requests that the user fee charged be based on the low value of the shipment.

Effective datesAmount per
shipment
October 1, 2009, through September 30, 2010$42
October 1, 2010, through September 30, 201160
Beginning October 1, 201161

(iv) The AQI user fees for an export or reexport certificate for a noncommercial shipment are shown in the following table.

Effective datesAmount per
shipment
October 1, 2009, through September 30, 2010$42
October 1, 2010, through September 30, 201160
Beginning October 1, 201161

(v) The AQI user fees for replacing any certificate are shown in the following table.

Effective datesAmount per
certificate
October 1, 2009, through September 30, 2010$11
October 1, 2010, through September 30, 201115
Beginning October 1, 201115

(4) If a designated State inspector issues a certificate, the State where the certificate is issued may charge for inspection services provided in that State.

(5) Any State which wishes to charge a fee for services it provides to issue certificates must establish fees in accordance with one of the following guidelines:

(i) Calculation of a “cost-per-certificate” fee. The State must:

(A) Estimate the annual number of certificates to be issued;

(B) Determine the total cost of issuing certificates by adding togetherdelivery,2 support,3 and administrative4 costs; and

2Delivery costs are costs such as employee salary and benefits, transportation, per diem, travel, purchase of specialized equipment, and user fee costs associated with maintaining field offices. Delivery hours are similar hours taken by inspectors, including travel time, inspection time, and time taken to complete paperwork.

3Support costs are costs at supervisory levels which are similar to delivery costs, and user fee costs such as training, automated data processing, public affairs, enforcement, legal services, communications, postage, budget and accounting services, and payroll, purchasing, billing, and collecting services. Support hours are similar hours taken at supervisory levels, as well as hours taken in training, automated data processing, enforcement, legal services, communication, budgeting and accounting, payroll purchasing, billing, and collecting.

4Administrative costs are costs incurred as a direct result of collecting and monitoring Federal phytosanitary certificates. Administrative hours are hours taken as a direct result of collecting and monitoring Federal phytosanitary certificates.

(C) Divide the cost of issuing certificates by the estimated number of certificates to be issued to obtain a “raw” fee. The State may round the “raw” fee up to the nearest quarter, if necessary for ease of calculation, collection, or billing; or

(ii) Calculation of a “cost-per-hour” fee. The State must:

(A) Estimate the annual number of hours taken to issue certificates by adding together delivery,2 support,3 and administrative4 hours;

(B) Determine the total cost of issuing certificates by adding together delivery, support, and administrative costs; and

(C) Divide the cost of issuing certificates by the estimated number of hours taken to issue certificates to obtain a “cost-per-hour” fee. The State may round the “cost-per-hour” fee up to the nearest quarter, if necessary for ease of calculation, collection, or billing.

(h) Fee for conducting and monitoring treatments. (1) Each importer of a consignment of articles that require treatment upon arrival from a place outside of the customs territory of the United States, either as a preassigned condition of entry or as a remedial measure ordered following the inspection of the consignment, must pay an AQI user fee. The AQI user fee is charged on a per-treatment basis, i.e., if two or more consignments are treated together, only a single fee will be charged, and if a single consignment is split or must be retreated, a fee will be charged for each separate treatment conducted. The AQI user fee for each treatment is shown in the following table:

Effective datesAmount
Beginning December 28, 2015$47
Beginning December 28, 201695
Beginning December 28, 2017142
Beginning December 28, 2018190
Beginning December 28, 2019237

(2) Treatment provider. (i) Private entities that provide AQI treatment services to importers are responsible for collecting the AQI treatment user fee from the importer for whom the service is provided. Treatment providers must collect the AQI treatment fee applicable at the time the treatment is applied.

(ii) When AQI treatment services are provided by APHIS, APHIS will collect the AQI treatment fee applicable at the time the treatment is applied from the person receiving the services. Remittances must be made by check or money order, payable in United States dollars, through a United States bank, to “The Animal and Plant Health Inspection Service.”

(3) Collection of fees. (i) In cases where APHIS is not providing the AQI treatment and collecting the associated fee, AQI user fees collected from importers pursuant to this paragraph shall be held in trust for the United States by the person collecting such fees, by any person holding such fees, or by the person who is ultimately responsible for remittance of such fees to APHIS. AQI user fees collected from importers shall be accounted for separately and shall be regarded as trust funds held by the person possessing such fees as agents, for the beneficial interest of the United States. All such user fees held by any person shall be property in which the person holds only a possessory interest and not an equitable interest. As compensation for collecting, handling, and remitting the AQI treatment user fees, the person holding such user fees shall be entitled to any interest or other investment return earned on the user fees between the time of collection and the time the user fees are due to be remitted to APHIS under this section. Nothing in this section shall affect APHIS' right to collect interest from the person holding such user fees for late remittance.

(4) Remittance and statement procedures. (i) The treatment provider that collects the AQI treatment user fee must remit the fee to USDA, APHIS, AQI, PO Box 979044, St. Louis, MO 63197-9000.

(ii) AQI treatment user fees must be remitted to [address to be added in final rule] for receipt no later than 31 days after the close of the calendar quarter in which the AQI user fees were collected. Late payments will be subject to interest, penalty, and handling charges as provided in the Debt Collection Act of 1982, as amended by the Debt Collection Improvement Act of 1996 (31 U.S.C. 3717).

(iii) The remitter must mail with the remittance a written statement to USDA, APHIS, AQI, PO Box 979044, St. Louis, MO 63197-9000. The statement must include the following information:

(A) Name and address of the person remitting payment;

(B) Taxpayer identification number of the person remitting payment;

(C) Calendar quarter covered by the payment; and

(D) Amount collected and remitted.

(iv) Remittances must be made by check or money order, payable in United States dollars, through a United States bank, to “The Animal and Plant Health Inspection Service.”

(i) Payment methods. For payment of any of the AQI user fees required in paragraph (g) of this section, we will accept personal checks for amounts less than $100, and checks drawn on commercial accounts, cashier's checks, certified checks, traveler's checks, and money orders for any amount. All payments must be for the exact amount due.

(j) The person for whom the service is provided and the person requesting the service are jointly and severally liable for payment of user fees for any import or entry services listed below, of $56 per hour, or $14 per quarter hour, with a minimum fee of $14 for each employee required to perform the following services. If the services must be conducted on a Sunday or holiday or at any other time outside the normal tour of duty of the employee, then the premium user fee rate as listed below applies, as well as the 2-hour minimum charge and a commuted traveltime period required by §354.1(a)(2). If the services requested are performed on a Sunday, the hourly user fee rate will be $74, or $18.50 per quarter hour, with a $18.50 minimum. If the services requested are performed on a day other than Sunday outside the normal tour of duty of the employee providing the service, the hourly user fee rate will be $65, or $16.25 per quarter hour, with a $16.25 minimum:

(1) Conducting inspections, on vessels or in storage areas, of solid wood packing material or cargo when a shipment arrives without a certificate or exporter statement required under §319.40-5(g) or §319.40-5(h) of this chapter, or with an incomplete certificate or exporter statement; and

(2) Supervising the separation of cargo from solid wood packing material denied entry under this subpart and the destruction or reexportation of the solid wood packing material.

(Approved by the Office of Management and Budget under control numbers 1651-0019, 0579-0094, or 0579-0052).

[69 FR 71679. Dec. 9, 2004, as amended at 71 FR 50328, Aug. 25, 2006; 72 FR 70765, Dec. 13, 2007; 74 FR 32399, July 8, 2009; 75 FR 10644, Mar. 9, 2010; 80 FR 66778, Oct. 29, 2015]

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§354.4   User fees for certain domestic services.

(a) Individual agreements for inspection services at ports of entry. (1) Operators and owners of vessels or aircraft, or their agents, may enter into agreements with APHIS to receive, at points of entry in the United States inspection services in addition to the regular or on-call services available in connection with such vessels or aircraft.

(2) Agreements may be made to cover the following types of services;

(i) Opening and operating a new inspection station at a port of entry; and

(ii) Providing one-time or occasional inspection services at a location where APHIS does not normally provide such services.

(3) Owners and operators of vessels or aircraft, or their agents, must contact the Regional Director, USDA, APHIS, Plant Protection and Quarantine,5 for the State where they want APHIS to provide services, to make an agreement.

5A list of the Regional Directors, USDA, APHIS, Plant Protection and Quarantine and the States for which they are responsible, may be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Operational Support—Director's Office, 4700 River Road, Unit 131, Riverdale, Maryland 20737-1236.

(4) All agreements must include the following:

(i) Name, mailing address, and telephone number of the operator or owner of the vessel or aircraft, or, if applicable, the operator's or owner's agent;

(ii) Explanation of inspection services to be provided;

(iii) Date(s) and time(s) inspection services will be provided;

(iv) Location (street address, port of entry, berth, dock, gate, etc.) and if applicable, identity (identification number, name, etc.) of vessel or aircraft or other thing to be inspected;

(v) An estimate of the actual cost, as calculated by APHIS, to provide the described inspection services for 6 months;

(vi) A statement that APHIS agrees to provide the described inspection services;

(vii) A statement that the owner or operator of the vessel or aircraft, or if appropriate, his or her agent, agrees to pay, at the time the agreement is entered into, a user fee equal to the estimated cost of providing the described inspection services for 6 months;

(viii) A statement that APHIS will credit an amount equal to all user fees received for services provided at the location to the owner or operator's account, until the total amount of user fees credited to the account is equal to the amount of money paid into the account by the owner or operator of the vessel or aircraft, or if appropriate, his or her agent, at the time the agreement was entered into; and

(ix) A statement that the owner or operator of the vessel or aircraft, or if appropriate, his or her agent, agrees to maintain a balance in the user fee payment account equal to the cost of providing the services described for 6 months, as calculated monthly by APHIS.

(5) APHIS will enter into an agreement only if qualified personnel can be made available to provide the services to be provided.

(6) An agreement can be terminated by either party on 30 days written notice.

(7) If, at the time an agreement is terminated, any unobligated funds remain in the user fee account, APHIS will return them to the owner or operator, or his or her agent.

[57 FR 770, Jan. 9, 1992, as amended at 57 FR 14475, Apr. 21, 1992; 58 FR 38269, July 16, 1993; 59 FR 67611, Dec. 30, 1994]

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§354.5   Penalties for nonpayment or late payment of user fees.

(a) If a person requesting a service for which an APHIS user fee is payable, is delinquent in paying any APHIS user fee due under either title 7 or title 9, Code of Federal Regulations, or is delinquent in paying the interest on any delinquent APHIS user fee, then APHIS will not provide the service requested.

(b) If APHIS is in the process of providing a service for which an APHIS user fee is due, and the user has not paid the fee within the time required, or if the payment offered by the user is insufficient or not in compliance with the regulations in this part, then APHIS will take the following action:

(1) If an APHIS user fee is due for a certificate or a certificate for reexport, APHIS will not issue the certificate.

(2) If an APHIS user fee is past due by more than 30 days, APHIS will impose a late payment penalty and interest charges in accordance with 31 U.S.C. 3717.

[57 FR 771, Jan. 9, 1992]

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