[Federal Register Volume 63, Number 103 (Friday, May 29, 1998)]
[Rules and Regulations]
[Pages 29342-29344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14259]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 97
[Docket No. 98-051-1]
Commuted Traveltime Periods: Overtime Services Relating to
Imports and Exports
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the regulations concerning overtime services
provided by employees of Veterinary Services for travel from Champlain,
NY, to Highgate, VT. Commuted traveltime allowances are the periods of
time required for Veterinary Services employees to travel from their
dispatch points and return there from the places where they perform
Sunday, holiday, or other overtime duty. The Government charges a fee
for certain overtime services provided by Veterinary Services employees
and, under certain circumstances, the fee may include the cost of
commuted traveltime. This action is necessary to inform the public of
commuted traveltime for these locations.
EFFECTIVE DATE: May 29, 1998.
FOR FURTHER INFORMATION CONTACT: Ms. Louise Rakestraw Lothery,
Director, Resource Management Support, VS, APHIS, 4700 River Road Unit
44, Riverdale, MD 20737, (301) 734-7517.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR, chapter I, subchapter D, and 7 CFR,
chapter III, require inspection, laboratory testing, certification, or
quarantine of certain animals, animal products, plants, plant products,
or other commodities intended for importation into, or exportation
from, the United States. When these services must be provided by an
employee of Veterinary Services (VS) on a Sunday or holiday, or at any
other time outside the VS employee's regular duty hours, the Government
charges a fee for the services in accordance with 9 CFR part 97. Under
circumstances described in 97.1(a), this fee may include the cost of
commuted traveltime. Section 97.2 contains administrative instructions
prescribing commuted traveltime allowances, which reflect, as nearly as
practicable, the periods of time required for VS employees to travel
from their dispatch points and return there from the places
[[Page 29343]]
where they perform Sunday, holiday, or other overtime duty.
We are amending 97.2 of the regulations by adding and removing
commuted traveltime allowances for travel between locations in New York
and Vermont. The amendments are set forth in the rule portion of this
document. This action is necessary to inform the public of the commuted
traveltime between the dispatch and service locations.
Effective Date
The commuted traveltime allowances appropriate for employees
performing services at ports of entry, and the features of the
reimbursement plan for recovering the cost of furnishing port of entry
services, depend upon facts within the knowledge of the Department of
Agriculture. It does not appear that public participation in this
rulemaking proceeding would make additional relevant information
available to the Department.
Accordingly, pursuant to the administrative procedure provisions in
5 U.S.C. 553, we find upon good cause that prior notice and other
public procedure with respect to this rule are impracticable and
unnecessary; we also find good cause for making this rule effective
less than 30 days after publication of this document in the Federal
Register.
Executive Order 12866 and Regulatory Flexibility Act
This final rule has been reviewed under Executive Order 12866. For
this action, the Office of Management and Budget has waived its review
process required by Executive Order 12866.
The number of requests for overtime services of a VS employee at
the locations affected by our rule represents an insignificant portion
of the total number of requests for these services in the United
States.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule is intended to have preemptive effect
with respect to any State or local laws, regulations, or policies that
conflict with its provisions or that would otherwise impede its full
implementation. This rule is not intended to have retroactive effect.
There are no administrative procedures that must be exhausted prior to
any judicial challenge to the provisions of this rule or the
application of its provisions.
Paperwork Reduction Act
This rule contains no new information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 9 CFR Part 97
Exports, Government employees, Imports, Livestock, Poultry and
poultry products, Travel and transportation expenses.
Accordingly, 9 CFR part 97 is amended as follows:
PART 97--OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS
1. The authority citation for part 97 continues to read as follows:
Authority: 7 U.S.C. 2260; 49 U.S.C. 1741; 7 CFR 2.22, 2.80, and
371.2(d).
2. Section 97.2 is amended by removing or adding in the table, in
alphabetical order, the following entries to read as follows:
Sec. 97.2 Administrative instructions prescribing commuted traveltime.
* * * * *
Commuted Traveltime Allowances
[In hours]
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Metropolitan area
Location covered Served from -------------------------
Within Outside
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[Remove]
* * * * * *
*
New York
* * * * * *
*
Champlain................................. Highgate, VT.......................... 2 ...........
* * * * * *
*
[Add]
* * * * * *
*
New York
Champlain................................. Highgate Springs, VT.................. ........... 2
* * * * * *
*
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[[Page 29344]]
Done in Washington, DC, this 22nd day of May 1998.
Charles P. Schwalbe,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-14259 Filed 5-28-98; 8:45 am]
BILLING CODE 3410-34-P
