[Federal Register Volume 68, Number 234 (Friday, December 5, 2003)]
[Rules and Regulations]
[Pages 67937-67938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30230]



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  Federal Register / Vol. 68, No. 234 / Friday, December 5, 2003 / 
Rules and Regulations  

[[Page 67937]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 354

[Docket No. 03-098-1]


Commuted Traveltime Periods: Overtime Services Relating to 
Imports and Exports

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

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 Hilo, HI, and five 
new locations in Hawaii. 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: December 5, 2003.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Caporaletti, Program 
Analyst, PPQ, APHIS, 4700 River Road Unit 120, Riverdale, MD 20737-
1238; (301) 734-5781.

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 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 adding commuted 
traveltime allowances for travel between Hilo, HI, and five new 
locations in Hawaii. 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 
under Executive Order 12866.
    The number of requests for overtime services of a PPQ employee at 
the locations affected by this 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 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 7 CFR Part 354

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

0
Accordingly, we are amending 7 CFR part 354 as follows:

PART 354--OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND 
USER FEES

0
1. The authority citation for part 354 continues to read as follows:

    Authority: 7 U.S.C. 8301-8317; 21 U.S.C. 136 and 136a; 49 U.S.C. 
80503; 7 CFR 2.22, 2.80, and 371.3.


0
2. Section 354.2 is amended by adding in the table, in alphabetical 
order, under Hawaii, the following entries to read as follows:

[[Page 67938]]

Sec.  354.2  Administrative instructions prescribing commuted 
traveltime.

* * * * *

                                         Commuted Traveltime Allowances
                                                   [In hours]
----------------------------------------------------------------------------------------------------------------
                                                                                           Metropolitan area
             Location covered                            Served from--               ---------------------------
                                                                                         Within        Outside
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
Hawaii:
                                                  * * * * * * *
    Hakalau                                Hilo                                       ............            2
                                                  * * * * * * *
    Kurtistown                             Hilo                                       ............            2
                                                  * * * * * * *
    Mt. View                               Hilo                                       ............            2
                                                  * * * * * * *
    Pepeekeo                               Hilo                                       ............            2
                                                  * * * * * * *
    Umauma                                 Hilo                                       ............            2
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


    Done in Washington, DC, this 2nd day of December 2003.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-30230 Filed 12-4-03; 8:45 am]
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