[Federal Register Volume 64, Number 92 (Thursday, May 13, 1999)]
[Rules and Regulations]
[Pages 25799-25800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12147]



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  Federal Register / Vol. 64, No. 92 / Thursday, May 13, 1999 / Rules 
and Regulations  

[[Page 25799]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 354

[Docket No. 99-022-1]


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 Plant Protection and Quarantine by adding 
commuted traveltime allowances for travel between various locations in 
Iowa. 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 13, 1999.

FOR FURTHER INFORMATION CONTACT:
Mr. Jim Smith, Senior Operations Officer, Port Operations, PPQ, APHIS, 
4700 River Road Unit 60, Riverdale, MD 20737-1236; (301) 734-8415; or 
e-mail: [email protected].

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 products, 
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 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 require 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 adding commuted 
traveltime allowances for travel between various locations in Iowa. 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 procedure would make additional relevant information 
available to the Department.
    Accordingly, pursuant to the administrative procedure provision of 
5 U.S.C. 553, we find upon good cause that prior notice and other 
public procedures 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 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 provision 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 provision of this rule or the application 
of its provisions.

Paperwork Reduction Act

    The 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 7 CFR Part 354

    Exports, Government employees, Imports, Plant disease and pests, 
Quarantine, Reporting and recordkeeping requirements, Travel and 
transportation expenses.

    Accordingly, we are amending 7 CFR part 354 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:


[[Page 25800]]


    Authority: 7 U.S.C. 2260; 21 U.S.C. 136 and 136a; 49 U.S.C. 
1741; 7 CFR 2.22, 2.80, and 371.2(c).

    2. Section 354.2 is amended by adding in the table, in alphabetical 
order, under Iowa, the following entries to read as follows:


Sec. 354.2   Administrative instructions prescribing commuted 
traveltime.

* * * * *

                     Commuted Traveltime Allowances
                               [In hours]
------------------------------------------------------------------------
                                                      Metropolitan area
        Location covered            Served from    ---------------------
                                                      Within    Outside
------------------------------------------------------------------------
[Add]
 
                  *        *        *        *        *
Iowa:
  Davenport....................  Des Moines.......  .........          6
 
                  *        *        *        *        *
  Sioux City...................  Des Moines.......  .........          6
  Undesignated ports...........  Des Moines.......  .........          6
 
                  *        *        *        *        *
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    Done in Washington, DC, this 6th day of May 1999.
Joan M. Arnold,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-12147 Filed 5-12-99; 8:45 am]
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