[Code of Federal Regulations]
[Title 21, Volume 8]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR1005.24]

[Page 593]
 
                        TITLE 21--FOOD AND DRUGS
 
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN 
                          SERVICES (CONTINUED)
 
PART 1005--IMPORTATION OF ELECTRONIC PRODUCTS--Table of Contents
 
              Subpart C--Bonding and Compliance Procedures
 
Sec. 1005.24  Costs of bringing product into compliance.

    The costs of supervising the operations necessary to bring a product 
into compliance with the Act shall be paid by the owner or consignee who 
files an application pursuant to Sec. 1005.21 and executes a bond under 
section 360(b) of the Act. Such costs shall include:
    (a) Travel expenses of the supervising officer;
    (b) Per diem in lieu of subsistence of the supervising officer when 
away from his home station, as provided by law;
    (c) Service fees: (1) The charge for the services of the supervising 
officer, which shall include administrative support, shall be computed 
at a rate per hour equal to 266 percent of the hourly rate of regular 
pay of a grade GS-11/4 employee, except that such services performed by 
a customs officer and subject to the provisions of the act of February 
13, 1911, as amended (sec. 5, 36 Stat. 901, as amended (19 U.S.C. 267)), 
shall be calculated as provided in that act.
    (2) The charge for the services of the analyst, which shall include 
administrative and laboratory support, shall be computed at a rate per 
hour equal to 266 percent of the hourly rate of regular pay of a grade 
GS-12/4 employee.
    (3) The rate per hour equal to 266 percent of the equivalent hourly 
rate of regular pay of the supervising officer (GS-11/4) and the analyst 
(GS-12/4) is computed as follows:

------------------------------------------------------------------------
                                                                  Hours
------------------------------------------------------------------------
Gross number of working hours in 52 40-hour weeks.............     2,080
Less:
  Nine legal public holidays--New Years Day, Washington's             72
   Birthday, Memorial Day, Independence Day, Labor Day,
   Columbus Day, Veterans Day, Thanksgiving Day, and Christmas
   Day........................................................
  Annual Leave--26 days.......................................       208
  Sick Leave--13 days.........................................       104
                                                               ---------
      Total...................................................       384
                                                               =========
      Net number of working hours.............................     1,696
                                                               =========
Gross number of working hours in 52 40-hour weeks.............     2,080
Working hour equivalent of Government contributions for              176
 employee retirement, life insurance, and health benefits
 computed at 8\1/2\% of annual rate of pay of employee........
                                                               ---------
Equivalent annual working hours...............................     2,256
Support required to equal to 1 man-year.......................     2,256
                                                               ---------
Equivalent gross annual working hours charged to Food and Drug     4,512
 appropriation................................................
------------------------------------------------------------------------


    Note: Ratio of equivalent gross annual number of working hours 
charged to Food and Drug appropriation to net number of annual working 
hours (4512/1696)=266 pct.

    (d) The minimum charge for services of supervising officers shall be 
not less than the charge for 1 hour and time after the first hour shall 
be computed in multiples of 1 hour, disregarding fractional parts less 
than one-half hour.

[38 FR 28630, Oct. 15, 1973, as amended at 42 FR 55207, Oct. 14, 1977; 
42 FR 62130, Dec. 9, 1977]