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[Federal Register Volume 74, Number 186 (Monday, September 28, 2009)]
[Rules and Regulations]
[Pages 49309-49311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23327]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 354

[Docket No. APHIS-2009-0055]

Commuted Traveltime

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 the Agency's Plant Protection and Quarantine 
(PPQ) program by adding or amending commuted traveltime allowances for 
travel between certain locations in the District of Columbia, Florida, 
Illinois, and Minnesota. Commuted traveltime allowances are 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. The Government charges a fee for certain overtime 
services provided by PPQ 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.

DATES: Effective Date: September 28, 2009.

FOR FURTHER INFORMATION CONTACT: Ms. Terri Burrell, Director, Resource 
Management Staff, PPQ, APHIS, 4700 River Road Unit 120, Riverdale, MD 
20737-1238; (301) 734-5575.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 7 CFR, chapter III, require inspection, 
certification, or quarantine of certain 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 the Animal 
and Plant Health Inspection Service (APHIS) on a Sunday or holiday, or 
at any other time outside the employee's regular duty hours, the 
Government charges a fee for the services in accordance with 7 CFR part 
354 for services provided by an employee of APHIS' Plant Protection and 
Quarantine (PPQ) program. Under circumstances described in 7 CFR 
354.1(a)(2), this fee may include the cost of commuted traveltime. The 
regulations in 7 CFR 354.2 contain administrative instructions 
prescribing commuted traveltime allowances, which

[[Page 49310]]

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 7 CFR 354.2 by adding or adjusting commuted 
traveltime allowances for travel between certain locations in the 
District of Columbia, Florida, Illinois, and Minnesota. The new 
allowances are set forth in the regulatory text at the end 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 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 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 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 final 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

    Animal diseases, 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. 7701-7772, 7781-7786, and 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. In Sec.  354.2, the table is amended as follows:
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a. Under the District of Columbia, Florida, and Illinois, by adding, in 
alphabetical order, new entries to read as set forth below.
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b. Under Minnesota, in the first entry for Duluth, by removing under 
Metropolitan area, the number ``1'' and adding the number ``2'' in its 
place.
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c. Under Minnesota, by removing the entry for Silver Bay.

Sec.  354.2  Administrative instructions prescribing commuted 
traveltime.

* * * * *

                     Commuted Traveltime Allowances
                               [In hours]
------------------------------------------------------------------------
                                                      Metropolitan area
        Location covered           Served from--   ---------------------
                                                      Within    Outside
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                              * * * * * * *
District of Columbia:
 
                              * * * * * * *
Washington, DC Metropolitan      Baltimore, MD....          2
 area (including Arlington and
 Alexandria, VA; Andrews AFB,
 MD; and Washington Navy Yard).
Florida:
 
                              * * * * * * *
Panama City....................  Mobile, AL.......          7
 
                              * * * * * * *
Illinois:
 
                              * * * * * * *
Undesignated ports.............  .................          3
 
                              * * * * * * *
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[[Page 49311]]

    Done in Washington, DC, this 22nd day of September 2009.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E9-23327 Filed 9-25-09; 8:45 am]
BILLING CODE 3410-34-P
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