Encl. (1) to COMDTINST 12550.3C
12 JUN 1989
SPECIAL OVERTIME SERVICE PROCEDURES
As used herein, the word "night" means the time between 5:00 p.m. of any day and 8:00 a.m. of
the following day, but shall not include any time within the 24 hours of a Sunday or holiday.
The night hours at the end of the workday immediately preceding a Sunday or holiday and the
beginning of the next regular workday shall be considered for purposes of this instruction as
parts of a single night.
The term "holiday" means legal public holidays, i.e., 1 January; the third Monday in January; the
third Monday in February; last Monday in May; 4 July: first Monday in September; second
Monday in October; fourth Monday in October; 11 November; fourth Thursday in November;
and 25 December. It shall also include any other legal holidays declared by Act of Congress or
by Executive Order of the President.
The term "Sunday" means the first day of each calendar week.
Employees who perform vessel documentation or marine inspection functions shall receive the
special overtime compensation as prescribed herein if they are required to perform services in
connection with their regular duties between the hours of 5:00 p.m. and 8:00 a.m., or for any time
on Sundays or holidays.
Any overtime service rendered on Saturday prior to 5:00 p.m. will be at the rate of compensation
prescribed by Title 5 or the Fair Labor Standards Act (Title 29). Authorized work on Saturdays
between 5:00 p.m. and 8:00 a.m. will be compensated in the same manner as night service. The
owner, charterer, managing operator, agent, master, or individual in charge of the vessel will not
be billed for title 5 or Fair Labor Standards Act overtime.
The overtime services must be requested in writing by the parties in interest and must be for their
convenience. It should be noted that requests must be made by the owner, charterer, managing
operator, agent, master, or individual in charge of the vessel or the authorized agent.
Compensation for overtime that is not for the convenience and upon request by the owner,
charterer, managing operator, agent, master, or individual in charge of the vessel is not subject to
special overtime. The following instances are not compensable under this instruction:
A documentation specialist may be ordered to duty or remain on duty to assist U.S.
Customs in establishing ownership of a vessel of an ongoing law enforcement case.
A documentation specialist may be ordered to duty or remain on duty to assist MARAD
or another government agent (not necessarily Federal) in documentation transactions
regarding vessels of which they are either owners or managing owners.