[Federal Register Volume 60, Number 89 (Tuesday, May 9, 1995)]
[Rules and Regulations]
[Pages 24535-24536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11295]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 354
[Docket No. 95-021-1]
Commuted Traveltime Periods: Overtime Services Relating to
Imports and Exports
AGENCY: Animal and Plant Health Inspection Service, USDA.
[[Page 24536]] ACTION: Final rule.
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SUMMARY: We are amending the regulations concerning overtime services
provided by employees of Plant Protection and Quarantine by removing
and adding commuted traveltime allowances for travel between various
locations in California and North Carolina. Commuted traveltime
allowances are the periods of time required for Plant Protection and
Quarantine 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 Plant Protection and Quarantine 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 9, 1995.
FOR FURTHER INFORMATION CONTACT: Mr. Paul R. Eggert, Assistant to the
Deputy Administrator, Resource Management Staff, PPQ, APHIS, Suite
4C03, 4700 River Road Unit 130, Riverdale, MD 20737-1236; (301) 734-
7764.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 7 CFR, chapter III, and 9 CFR, chapter I,
subchapter D, require inspection, laboratory testing, certification, or
quarantine of certain plants, plant products, animals, animal
byproducts, or other commodities intended for importation into, or
exportation from, the United States. When these services must be
provided by an employee of Plant Protection and Quarantine (PPQ) on a
Sunday or holiday, or at any other time outside the PPQ employee's
regular duty hours, the Government charges a fee for the services in
accordance with 7 CFR part 354. Under circumstances described in
Sec. 354.1(a)(2), this fee may include the cost of commuted traveltime.
Section 354.2 contains administrative instructions prescribing commuted
traveltime allowances, which reflect, as nearly as practicable, the
periods of time required for PPQ employees to travel from their
dispatch points and return there from the places where they perform
Sunday, holiday, or other overtime duty.
We are amending Sec. 354.2 of the regulations by removing and
adding commuted traveltime allowances for travel between various
locations in California and North Carolina. 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 PPQ 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 12778
This final rule has been reviewed under Executive Order 12778,
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 1980 (44 U.S.C. 3501
et seq.).
List of Subjects in 7 CFR Part 354
Exports, Government employees, Imports, Plant diseases and pests,
Quarantine, Reporting and recordkeeping requirements, Travel and
transportation expenses.
Accordingly, 7 CFR part 354 is amended as follows:
PART 354--OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND
USER FEES
1. The authority citation for part 354 continues to read as
follows:
Authority: 7 U.S.C. 2260; 21 U.S.C. 136 and 136a; 49 U.S.C.
1741; 7 CFR 2.17, 2.51, and 371.2(c).
2. Section 354.2 is amended by removing or adding in the table, in
alphabetical order under California and North Carolina, the following
entries to read as follows:
Sec. 354.2 Administrative instructions prescribing commuted
traveltime.
* * * * *
[[Page 24
537]]
Commuted Traveltime Allowances
[In hours]
----------------------------------------------------------------------------------------------------------------
Metropolitan area
Location covered Served from ---------------------
Within Outside
----------------------------------------------------------------------------------------------------------------
[Remove]
* * * * * *
*
North Carolina:
Camp Lejeune....................................... Kenansville or Kinston........... ......... 3
Camp Lejeune....................................... Wallace or Wilmington............ ......... 3
* * * * * *
*
New River MCAS..................................... Kenansville...................... ......... 3
New River MCAS..................................... Wallace.......................... ......... 3
Pope AFB........................................... Fayetteville..................... 1\1/4\ .........
Pope AFB........................................... Raeford.......................... ......... 2
* * * * * *
*
[Add]
* * * * * *
*
California:
March AFB.......................................... Ontario.......................... ......... 3
* * * * * *
*
North Carolina:
* * * * * *
*
Camp Lejeune....................................... Wilmington....................... ......... 3
Morehead City...................................... Clinton.......................... ......... 4
* * * * * *
*
Pope AFB........................................... Clinton.......................... ......... 2\1/2\
Pope AFB........................................... Fayetteville..................... 1\1/2\ .........
Pope AFB........................................... Goldsboro........................ ......... 4
* * * * * *
*
Raleigh............................................ Fayetteville..................... ......... 4
* * * * * *
*
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Done in Washington, DC, this 28th day of April 1995.
Lonnie J. King,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-11295 Filed 5-8-95; 8:45 am]
BILLING CODE 3410-34-P
