[Federal Register Volume 59, Number 175 (Monday, September 12, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22415]
[[Page Unknown]]
[Federal Register: September 12, 1994]
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DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Parts 4, 24, 122, 123, and 134
[T.D. 94-74]
RIN 1515-AB30
Pay Reform for Customs Inspectional Services
AGENCY: U.S. Customs Service, Department of the Treasury.
ACTION: Final rule.
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SUMMARY: This document amends the Customs Regulations by adopting final
rules to implement, in part, those provisions of the Omnibus Budget
Reconciliation Act of 1993 that provide for overtime and premium pay
for Customs Officers performing inspectional services. This document
addresses the public comments submitted in response to the interim
regulations which initially implemented the pay reform provisions, and
makes certain changes to those interim regulations in response to the
public comments and in order to add clarity and improve the readability
of the final regulations.
EFFECTIVE DATE: October 12, 1994.
FOR FURTHER INFORMATION CONTACT: Kevin Cummings, Office of Workforce
Effectiveness and Development (202) 927-1391.
SUPPLEMENTARY INFORMATION:
Background
On August 10, 1993, the Omnibus Budget Reconciliation Act of 1993
(Pub. L. 103-66, 107 Stat. 312) (the 1993 Act) was signed into law.
Part II of Subchapter D of Title XIII of the 1993 Act (107 Stat. 668)--
popularly referred to as the Customs Officer Pay Reform Amendments
(COPRA)--amended section 5 of the Act of February 13, 1911 (19 U.S.C.
261 and 267) to reform the overtime--and establish a premium--pay
system by which Customs Officers who perform inspectional services
would be compensated. In general, while the COPRA retained the basic
double-time compensation rate for overtime services, its three sections
(sections 13811-13813) made certain changes concerning how and when
such Customs Officers would be compensated.
Section 13811 (codified, in part, at 19 U.S.C. 267) amended 19
U.S.C. 261, 267, and 1450 (and repealed 19 U.S.C. 1451a) to create a
new and exclusive overtime compensation and premium pay schedule for
Customs Officers performing inspectional services, and required the
Secretary of the Treasury to promulgate regulations to prevent certain
abuses that developed under the old pay system. Section 13812 amended 5
U.S.C. 8331(3) to provide additional benefits for Customs Officers; it
allows overtime compensation to be included in the calculation of
Federal retirement annuities, up to an amount equal to 50 percent of
the applicable statutory pay limitation, and authorizes the payment of
cash awards to Customs Officers for foreign language proficiency.
Section 13813 amended 19 U.S.C. 13031(f)(3) to make certain adjustments
concerning reimbursements from the Customs User Fee Account.
On December 28, 1993, Customs published as T.D. 94-2 interim
regulations in the Federal Register (58 FR 68520) to implement the
provisions of section 13811 of the 1993 Act. (The provisions of
sections 13812 and 13813 of the 1993 Act were not dealt with in that
document; the regulations implementing those aspects of the pay reform
provisions will be issued by the Office of Personnel Management and
Customs at a later date.) The interim regulations amended and revised
certain sections in parts 4, 24, 122, 123, and 134 of the Customs
Regulations (19 CFR parts 4, 24, 122, 123, and 134) and solicited
comments concerning these changes.
Three parties submitted comments regarding one or more aspects of
the interim regulations. The comments received, and Customs responses
to them, are set forth below.
Discussion of Comments
The comments received raised, in part, six areas of concern that
will be responded to in this document:
(1) Customs interpretation of the exclusivity clause (19 U.S.C.
267(c)(2)) regarding when and how shift differential allowances would
be paid (19 CFR 24.16(a));
(2) whether the definition of ``regularly-scheduled administrative
workweek'' precluded considerations of other, alternative work
schedules (19 CFR 24.16(b)(16));
(3) the propriety of defining ``work assignment priorities'' in
agency regulations (19 CFR 24.16(d));
(4) the inclusion of workers compensation benefits in the listing
of categories for which Customs Officers may receive pay for work not
performed (19 CFR 24.16(e)(2)(ii));
(5) the payment of commute compensation when the overtime
assignment begins 16 hours or more after the last regularly scheduled
assignment (19 CFR 24.16(f)(2)(v)), and;
(6) the exclusion of workers compensation benefits from any
applicable pay cap calculations (19 CFR 24.16(h)).
Certain other issues raised by the National Treasury Employees
Union (NTEU, one of the parties submitting comments) are the subject of
pending litigation before the United States District Court for the
District of Columbia (Civil Action No. 94-0163, filed January 31,
1994). As it would be inappropriate for Customs to discuss those issues
at this time, those comments are not addressed in this document. We now
address the identified areas of concern in turn.
24.16(a)--Interpretation of exclusivity clause
Comment: Although the 1993 Act prohibits employees who are paid
overtime under subsection (a) of the statute or premium pay under
subsection (b) of the statute from receiving ``* * * pay or other
compensation for that work under any other provision of law'' (emphasis
in original), the exclusivity clause contained in the 1993 Act does not
divest employees of their right to receive payment under other
applicable pay statutes for work performed during periods for which no
1993 Act payments are received. For example, an employee may be
assigned to a night shift for which no night work differential is
payable under the 1993 Act (11:00 a.m. to 7:00 p.m.). That employee
should still be paid night shift differential from 6:00 p.m. to 7:00
p.m. under the Federal Employees Pay Act (FEPA) or other applicable
law. The interim regulations should be modified to reflect this
entitlement.
Customs Response: Customs disagrees. With enactment of the COPRA in
the 1993 Act, Congress created a total pay and compensation system
unique to the inspectional duties performed by Customs Officers. The
establishment of this new system effectively removed those officers
from coverage under any other statute for pay and compensation
purposes. Accordingly, no change to Sec. 24.16(a) is made.
When the COPRA were promulgated, Congress reasoned that its purpose
in requiring Customs Officers to work 40 hours in a week or 8 hours in
a day, without regard to the hour of the day or the day of the week,
before they qualify for overtime pay, was to encourage Customs to
adjust its inspectional resources to meet actual trade patterns, rather
than forcing the trade community to adjust to a predetermined Customs
workday. Also, Congress wanted Customs to measure workload and trade
patterns at each of its ports and then adjust work schedules to meet
that demand while using as little overtime as possible. See, ``Report
of the Committee on the Budget House of Representatives on Omnibus
Budget Reconciliation Act of 1993'', Report 103-111 (May 25, 1993), p.
573. Since section 267(c)(2) clearly provides that a Customs Officer
who receives overtime pay under subsection (a) (19 U.S.C. 267(a)) or
premium pay under subsection (b) (19 U.S.C. 267(b)) for time worked may
not receive pay or other compensation for that work under any other
provision of law, it is axiomatic that Congress' explanation in the
context of overtime pay is equally applicable to the payment of premium
pay differentials, i.e., night shift pay. And, as no allowance for
night work differential premium pay is authorized under the Customs
Officer Pay Reform provisions where less than a majority of night work
hours is worked during the specified time periods (19 U.S.C. 267(b)(1)-
(3), 19 CFR 24.16(g)(3)(i)-(iii)), it is clear that the 1993 Act does
divest Customs Officers--but not other Customs employees--of their
right to receive payment under other applicable pay statutes for work
performed. Any other interpretation of section 267(c)(2) would render
the express limitation meaningless.
In the scenario presented in the commenter's example, the payment
of night differential premium pay is not authorized because the Customs
Officer, as defined at 19 U.S.C. 267(e)(1) and subject to the overtime
and premium pay provisions of 19 U.S.C. 267, does not work a majority
of hours between any of the three time frames established by Congress
for payment of such premium pay. See, 19 U.S.C. 267(b)(1)(A) through
(C). Although the Customs Officer is officially assigned to work an 8-
hour shift which goes past the, heretofore, traditional working day of
6:00 p.m., no night work differential is authorized under the
exclusivity of pay provision under the COPRA (19 U.S.C. 267(c)(2)); the
terms of the exclusivity provision expressly preclude dual pay/
compensation entitlement considerations under other Federal pay
statutes.
24.16(b)(16)--Definition of ``Regularly-scheduled administrative
workweek''
Comment: Regarding the definition of ``regularly-scheduled
administrative workweek'', the following sentence should be added,
``This section is not meant to prohibit consideration of alternative
work schedules at a local level'' to reflect the provisions of 5 CFR
610.121 and Article 21, Section 3A of the National Agreement between
Customs and the National Treasury Employees Union (NTEU).
Customs Response: The pay reform provisions of the 1993 Act do not
affect or otherwise address the question of alternate work schedules
(AWS), which has a separate statutory basis. See, 5 U.S.C. 6120 et seq.
We believe that the addition of the requested sentence is unnecessary.
Accordingly, no change to Sec. 24.16(b)(16) is made.
24.16(d)--``Work assignment priorities''/(annuity integrity)
Comment: The NTEU objects to the inclusion of work assignment
priorities provisions in the regulations (Sec. 24.16(d)), as these
issues are negotiable under the terms of the Civil Service Reform Act.
Especially objectionable is the inclusion of the overtime earnings
``band'' in Sec. 24.16(d)(2).
Response: Customs agrees that the inclusion of the equalization
provision in the work assignment priorities may be overbroad as written
and could be subject to negotiations under the terms of the Civil
Service Reform Act; however, Customs believes that the other two
principles (alignment and least cost) are properly contained in the
regulations, as they are in accordance with the provisions of 19 U.S.C.
267(d)(1), which require the Secretary of the Treasury to promulgate
such regulations as will prevent the abuse of callback work assignments
and commuting time compensation. Accordingly, Sec. 24.16(d) is revised
by deleting the equalization principle and replacing it with a more
restricted ``annuity integrity'' principle that is more in accordance
with the provisions of 19 U.S.C. 267(d)(2), which requires the
Secretary to promulgate such regulations as will prevent the
disproportionately more frequent assignment of overtime work to Customs
Officers who are near to their retirement.
Annuity integrity is based on the average yearly amount of overtime
Customs Officers worked during their career with Customs. Under annuity
integrity the amount of overtime that can be worked by a Customs
Officer who is within 3 years of his/her statutory retirement
eligibility, see, 5 U.S.C. chapters 83 or 84, is limited to the average
yearly number of overtime hours the Customs Officer worked during his/
her career with the Customs Service. If the dollar value of the average
yearly number of overtime hours worked by such Customs Officer exceeds
50 percent of the applicable statutory pay cap, then no overtime
earning limitation based on this annuity integrity provision would
apply. Waivers concerning this annuity integrity limitation may be
granted by the Commissioner of Customs or the Commissioner's designee
in individual cases in order to prevent excessive costs or to meet
emergency requirements of Customs. Customs believes that this principle
of annuity integrity is in accordance with the provisions of 19 U.S.C.
267(d)(2) and, as such, properly belongs in the regulations.
24.16(e)(2)(ii)--Including workers compensation benefits in list of
payment categories for work not performed
Comment: The NTEU requests the inclusion of workers compensation
benefits to the listing of categories for which Customs Officers may
receive payment for work that is not performed.
Customs Response: Unlike the form of workers compensation
enumerated in this section (continuation of pay under the workers
compensation law, which is paid by the employing agency), workers
compensation benefits--in the form of compensation for lost wages--are
paid by the Department of Labor. See, 5 U.S.C. 8101 and 20 CFR part 10.
As this latter form of workers compensation is not within the direct
control of the Secretary of the Treasury, its inclusion at
Sec. 24.16(e)(2)(ii) would be inappropriate. Accordingly, no change to
Sec. 24.16(e)(2)(ii) is made.
24.16(f)(2)(v)--Payment of commute compensation
Comment: The commute compensation provisions include a section that
a Customs Officer will not be paid for commute time if the overtime
assignment begins 16 hours or more after the last regularly scheduled
assignment. This section makes it extremely difficult for those
inspectors that work Monday through Friday to serve the public on
Saturdays and Sundays.
Customs Response: This eligibility condition for commute
compensation is statutory. See, 19 U.S.C. 267(a)(2)(B)(ii)(I). Thus,
Customs cannot deviate from the statutory requirements, but does note
that the additional compensation--a flat 3 hours at the basic pay
rate--is in addition to callback pay. Accordingly, no change to
Sec. 24.16(f)(2)(v) is made.
24.16(h)--Excluding workers compensation benefits from list of payment
categories subject to pay cap limitations
Comment: The NTEU requests the exclusion of workers compensation
benefits and back pay awards and settlements from the listing of
categories not subject to any applicable pay cap calculations.
Customs Response: Regarding the exclusion of workers compensation
benefits from the list of payment categories subject to pay cap
limitations, for the reasons given above at Sec. 24.16(e)(2)(ii), no
change to Sec. 24.16(h) is made. Regarding the exclusion of back pay
awards and settlements, the current regulatory language provides that
``awards made in accordance with back pay settlements'' shall not be
applied to any applicable pay cap calculations. This correctly conveys
the fact that such awards are exempt. Accordingly, no change to
Sec. 24.16(h) is made concerning this point.
Additional Changes to the Regulations
In addition to the changes discussed above in connection with the
analysis of comments, the regulatory texts as set forth below
incorporate certain editorial or other non-substantive changes to the
interim regulations to add clarity and improve the readability of the
final regulations. The sections of the interim regulations affected by
these changes are indicated below.
24.16(b)--Definitions
As the definitions of ``commute compensation'' (19 CFR
24.16(b)(5)), ``overtime pay'' (19 CFR 24.16(b)(13)), and ``premium pay
differential'' (19 CFR 24.16(b)(15))--now denominated
Sec. 24.16(b)(14), see next paragraph below for explanation on
redenomination--encompass similar elements pertaining to compensation,
the wording of these three sections is recast to employ a parallel
construction for ease of readability and to add clarity to their
exclusive meanings.
Because of the change to Sec. 24.16(d) discussed above under the
Discussion of Comments, a definition for ``participating group'' (19
CFR 24.16(b)(14)) is no longer needed. Accordingly, in Sec. 24.16(b),
paragraphs (15) and (16) are redenominated paragraphs (14) and (15),
respectively.
24.16(c)--Application and bond
Although the interim regulations did not make any changes to the
provisions of Sec. 24.16(c), because this section references Customs
``employees'' rather than Customs ``Officers'', the term ``employee''
in paragraphs (1) through (3) is replaced with the term ``Officer'' to
reflect the new restricted application of Sec. 24.16, as amended by the
COPRA provisions of the 1993 Act. This change is made to make the
provisions of paragraph (c) more harmonious with the rest of the
provisions in Sec. 24.16.
24.16(e)--Overtime pay
In paragraph (2)(i) of Sec. 24.16(e), the second sentence regarding
the rounding off of overtime work performed in increments other than a
full quarter hour is deleted because it seeks to address a problem that
is subject to negotiations under the terms of the Civil Service Reform
Act.
In paragraph (2)(ii) of Sec. 24.16(e), the last sentence is revised
by deleting the words ``for the work assignment'' after ``reports'' and
adding the words ``as assigned'' to make it clear that overtime pay is
now restricted to hours assigned and worked.
24.16(f)--Commute Compensation
In paragraph (3) of Sec. 24.16(f), the last sentence regarding the
treatment of certain overtime work to prevent the inappropriate payment
of commute compensation is deleted because it represents a regulatory
attempt to correct a scheduling issue. The district director is
responsible for and has discretion in scheduling appropriate overtime
assignments.
In paragraph (4) of Sec. 24.16(f), a stylistic change is made in
the first sentence (changing the reference from ``he'' to ``the
officer'') and a modification is made in the second sentence (allowing
less than all overtime assignments to be treated as one continuous
callback assignment) to give management more flexibility in the
assignment of overtime work.
24.16(g)--Premium pay differentials
For the reasons given above concerning recasting three provisions
in Sec. 24.16(b) because the terms defined encompassed similar elements
pertaining to compensation, the three provisions in Sec. 24.16(g)
pertaining to premium pay --paragraphs(g)(1) (Holiday differential),
(g)(2) (Sunday differential), and (g)(3) (Night work differential)--are
recast to employ a parallel construction for ease of readability and to
add clarity to their exclusive meanings.
In paragraph (1)(iv) of Sec. 24.16(g), the first sentence is
revised and a second sentence is added to make it clear that where only
one assigned shift is worked and any of those hours occur during the
24-hour calendar day of a holiday, the entire shift will be designated
as a holiday and compensated at the holiday rate of pay. Also, a new
paragraph (vi) is added to clarify the compensation computation where
only a portion of a regularly-scheduled, non-overtime, holiday shift is
worked.
134.55--Compensation of Customs Officers and employees
In paragraphs (b)(1) and (2) of Sec. 134.55, a grammatical change
is made to clarify which regulatory provisions (COPRA or FEPA) are
applicable to provide compensation for which Customs personnel. The
change provides that the COPRA compensation provisions of Sec. 24.16
are applicable regarding overtime compensation and premium pay for
Customs Officers, and that the FEPA compensation provisions of
Sec. 24.17 are applicable regarding overtime compensation for other
Customs employees.
Conclusion
In consideration of the comments received, Customs believes that
the interim Pay Reform for Customs Inspectional Services regulations,
published as T.D. 94-2 in the Federal Register on December 28, 1993 (58
FR 68520), should be adopted as a final rule with certain changes
thereto, as discussed above and set forth below.
The Regulatory Flexibility Act, and Executive Order 12866
Based on the supplementary information set forth above and because
the amendments contained in this document reflect existing statutory
requirements or merely implement interpretations and policies that are
already in effect under interim regulations, pursuant to the provisions
of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., it is
certified that the regulations will not have a significant economic
impact on a substantial number of small entities. Accordingly, the
regulations are not subject to the regulatory analysis or other
requirements of 5 U.S.C. 603 and 604. This document does not meet the
criteria for a ``significant regulatory action'' as specified in E.O.
12866.
Drafting Information
The principal author of this document was Gregory R. Vilders,
Regulations Branch. However, personnel from other offices participated
in its development.
List of Subjects
19 CFR Part 4
Cargo vessels, Customs duties and inspection, Fishing vessels,
Harbors, Imports, Maritime carriers, Merchandise, Passenger vessels,
Reporting and recordkeeping requirements, Vessels.
19 CFR Part 24
Accounting, Claims, Customs duties and inspection, Financial and
accounting procedures, Reporting and recordkeeping requirements, Wages.
19 CFR Part 122
Administrative practice and procedure, Air carriers, Aircraft,
Airports, Air transportation, Baggage, Bonds, Customs duties and
inspection, Freight, Imports, Reporting and recordkeeping requirements.
19 CFR Part 123
Administrative practice and procedure, Aircraft, Bonds, Canada,
Customs duties and inspection, Imports, Mexico, Reporting and
recordkeeping requirements, Vessels.
19 CFR Part 134
Country of origin, Customs duties and inspection, Labeling,
Marking, Packaging and containers.
Amendments to the Regulations
For the reasons stated above, the interim rule amending parts 4,
24, 122, 123, and 134 of the Customs Regulations (19 CFR parts 4, 24,
122, 123, and 134), which was published at 58 FR 68520-68526 on
December 28, 1993 (T.D. 94-2), is adopted as a final rule with the
following changes:
PART 24--CUSTOMS FINANCIAL AND ACCOUNTING PROCEDURE
1. The general authority citation for part 24 continues to read as
follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 58a-58c, 66, 261, 267, 1202
(General Note 17, Harmonized Tariff Schedule of the United States
(HTSUS)), 1450, 1624; 31 U.S.C. 9701, unless otherwise noted.
2. In Sec. 24.16:
a. Paragraph (b)(14) is removed, and paragraphs (b)(15) and (16)
are redesignated paragraphs (b)(14) and (15) respectively;
b. Paragraphs (b)(5) and (13) and newly designated paragraph
(b)(14) are revised;
c. The first two sentences in paragraph (c)(1), the first sentence
in paragraph (c)(2), and paragraph (c)(3) are revised;
d. Paragraph (d) is amended by removing paragraph (d)(2),
redesignating paragraph (d)(3) as paragraph (d)(2), and by adding a new
paragraph (d)(3);
e. Paragraph (e) is amended by removing the second sentence in
paragraph (e)(2)(i), and by revising paragraph (e)(2)(ii);
f. Paragraph (f) is amended by removing the last sentence in
paragraph (f)(3), and by revising paragraph (f)(4);
g. Paragraph (g) is amended by revising the last sentence in the
introductory text, revising the introductory text of paragraph (g)(1),
revising paragraph (g)(1)(iv), adding a new paragraph (g)(1)(vi),
revising paragraph (g)(2), and revising the introductory text of
paragraph (g)(3).
The revisions and additions to read as follows:
Sec. 24.16 Overtime services; overtime compensation and premium pay
for Customs Officers; rate of compensation.
* * * * *
(b) * * *
(5) ``Commute compensation'' means the compensation which a Customs
Officer is entitled to receive, in excess of the officer's base pay,
for returning to work, under certain conditions, to perform an overtime
work assignment. Commute compensation, within the limits prescribed by
the Act, shall be treated as overtime compensation, and is includable
for Federal retirement benefit purposes.
* * * * *
(13) ``Overtime pay'' means the compensation which a Customs
Officer is entitled to receive, in excess of the officer's base pay,
for performing officially-assigned work in excess of the 40 hours of
the officer's regularly-scheduled administrative workweek or in excess
of 8 hours in a day, which may include commute compensation as defined
at paragraph (b)(5) of this section. Overtime pay, within the limits
prescribed by the Act, is includable for Federal retirement benefit
purposes.
(14) ``Premium pay differential'' means the compensation which a
Customs Officer is entitled to receive, in excess of the officer's base
pay, for performing officially-assigned work on holidays, Sundays and
at night. Premium pay is not includable for Federal retirement benefit
purposes.
* * * * *
(c) Application and bond. (1) Except as provided for in paragraphs
(c)(2) and (4) of this section, an application for inspectional
services of Customs Officers at night or on a Sunday or holiday,
Customs Form 3171, supported by the required cash deposit or bond,
shall be filed in the office of the district director of Customs before
the assignment of such officers for reimbursable overtime services. The
cash deposit to secure reimbursement shall be fixed by the district
director or authorized representative in an amount sufficient to pay
the maximum probable compensation and expenses of the Customs Officers,
or the maximum amount which may be charged by law, whichever is less,
in connection with the particular services requested. * * *
(2) Prior to the expected arrival of a pleasure vessel or private
aircraft the district director of Customs may designate a Customs
Officer to proceed to the place of expected arrival to receive an
application for night, Sunday, or holiday services in connection with
the arrival of such vessel or aircraft, together with the required cash
deposit or bond. * * *
(3) An application on Customs Form 3171 for overtime services of
Customs Officers, when supported by the required cash deposit or a
continuous bond, may be granted for a period not longer than for 1
year. In such a case, the application must show the exact times when
the overtime services will be needed, unless arrangements are made so
that the proper Customs Officer will be notified timely during official
hours in advance of the services requested as to the exact times that
the services will be needed.
* * * * *
(d) * * *
(3) Annuity integrity. For Customs Officers within 3 years of their
statutory retirement eligibility, the amount of overtime that can be
worked is limited to the average yearly number of overtime hours the
Customs Officer worked during his/her career with the Customs Service.
If the dollar value of the average yearly number of overtime hours
worked by such Customs Officer exceeds 50 percent of the applicable
statutory pay cap, then no overtime earning limitation based on this
annuity integrity provision would apply. Waivers concerning this
annuity integrity limitation may be granted by the Commissioner of
Customs or the Commissioner's designee in individual cases in order to
prevent excessive costs or to meet emergency requirements of Customs.
(e) * * *
(2) * * *
(ii) Absence during overtime. Except as expressly authorized by
statute, regulation, or court order (i.e., military leave, court leave,
continuation of pay under the workers compensation law, and back pay
awards), a Customs Officer shall be paid for overtime work only when
the officer reports as assigned.
(f) * * *
(4) Maximum Compensation for Multiple Assignments. If a Customs
Officer is assigned to perform more than one overtime assignment, in
which the officer is required to return to a place of work more than
once in order to complete the assignment, and otherwise satisfies the
callback requirements of paragraph (f)(1) of this section, then the
officer shall be entitled to commute compensation each time the officer
returns to the place of work provided that each assignment commences
less than 16 hours after the officer's last regularly-scheduled work
assignment. However, in no case shall the compensation be greater than
if some or all of the assignments were treated as one continuous
callback assignment.
(g) Premium pay differentials. * * * The order of precedence for
the payment of premium pay differentials is holiday, Sunday, and night
work.
(1) Holiday differential. A Customs Officer who performs any
regularly-scheduled work on a holiday shall receive pay for that work
at the officer's hourly rate of base pay, which includes authorized
locality pay, plus premium pay amounting to 100 percent of that base
rate.
Holiday differential premium pay will be paid only for time worked.
Intermittent employees are not entitled to holiday differentials.
* * * * *
(iv) If a Customs Officer is assigned to a regularly-scheduled,
non-overtime, tour of duty which contains hours within and outside the
24-hour calendar day of a holiday--for example, a tour of duty starting
at 8 p.m. on a Monday holiday following a scheduled day off on Sunday
and ending at 4 a.m. on Tuesday--the Customs Officer shall receive the
holiday differential (up to 8 hours) for work performed during that
shift. If the Customs Officer is assigned more than one regularly-
scheduled, non-overtime, tour of duty which contains hours within and
outside the 24-hour calendar day of a holiday--for example, a tour of
duty starting at 8 p.m. on the Wednesday before a Thursday holiday and
ending at 4 a.m. on Thursday with another regularly-scheduled, non-
overtime, tour of duty starting at 8 p.m. on the Thursday holiday and
ending at 4 a.m. on Friday--the management official in charge of
assigning work shall designate one of the tours of duty as the
officer's holiday shift and the officer shall receive holiday
differential (up to 8 hours) for work performed during the entire
period of the designated holiday shift. The Customs Officer shall not
receive holiday differential for any of the work performed on the tour
of duty which has not been designated as the holiday shift but will be
eligible for Sunday or night differential as appropriate.
* * * * *
(vi) A Customs Officer who works only a portion of a regularly-
scheduled, non-overtime, holiday shift will be paid the holiday
differential for the actual hours worked and the appropriate
differential (Sunday or night) for the remaining portion of the shift
such officer was not required to work. The night differential premium
pay shall be calculated based on the rate applicable to the entire
shift.
(2) Sunday differential. A Customs Officer who performs any
regularly-scheduled work on a Sunday that is not a Federal holiday
shall receive pay for that work at the officer's hourly rate of base
pay, which includes authorized locality pay, plus premium pay amounting
to 50 percent of that base rate. Sunday differential premium pay will
be paid only for time worked and is not applicable to overtime work
performed on a Sunday. A Customs Officer whose regularly-scheduled work
occurs in part on a Sunday, that is not a Federal holiday, and in part
on the preceding or following day, will receive the Sunday differential
premium pay for the hours worked between 12:01 a.m. and 12 Midnight on
Sunday. Intermittent employees are not entitled to Sunday
differentials.
(3) Night work differentials. A Customs Officer who performs any
regularly-scheduled night work shall receive pay for that work at the
officer's hourly rate of base pay, including locality pay as
authorized, plus the applicable premium pay differential, as specified
below, but shall not receive such night differential for work performed
during overtime assignments. When all or the majority of the hours of a
Customs Officer's regularly-scheduled work occur between 3 p.m. and 8
a.m., the officer shall receive a night differential premium for all
the hours worked during that assignment. Intermittent employees are not
entitled to night differentials.
* * * * *
PART 134--COUNTRY OF ORIGIN MARKING
1. The authority citation for part 134 continues to read as
follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 17,
Harmonized Tariff Schedule of the United States (HTSUS)), 1304,
1624.
2. In Sec. 134.55, paragraph (b) is revised to read as follows:
Sec. 134.55 Compensation of Customs Officers and employees.
* * * * *
(b) Applicability--(1) Official hours. The compensation of Customs
Officers or employees assigned to supervise the exportation,
destruction, or marking of articles so as to exempt them from the
application of marking duties shall be computed in accordance with the
provisions of Secs. 24.16 or 24.17(a)(3), respectively, of this chapter
when such supervision is performed during a regularly-scheduled tour of
duty.
(2) Overtime. When such supervision is performed by a Customs
Officer or employee in an overtime status, the compensation with
respect to the overtime shall be computed in accordance with the
provisions of Sec. 24.16 or Sec. 24.17, respectively, of this chapter.
* * * * *
George J. Weise,
Commissioner of Customs.
Approved: August 12, 1994.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 94-22415 Filed 9-9-94; 8:45 am]
BILLING CODE 4820-02-P
