Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Rules and Regulations 49309 

immediately upon publication in the 

Federal Register. 

B. Executive Order 12866 (Regulatory 

Planning and Review) 

This final rule is not a ‘‘significant 

regulatory action’’ under section 3(f)(1) 

of Executive Order 12866, ‘‘Regulatory 

Planning and Review,’’ therefore the 

Office of Management and Budget has 

not reviewed this rule. DHS anticipates 

that the changed filing deadline in this 

final rule will not increase REAL IDrelated compliance costs to the affected 

entities and, in most cases, will provide 

advantages by changing the filing 

deadline. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended by 

the Small Business Regulatory 

Enforcement Fairness Act of 1996 (Pub. 

L. 104–121), requires Federal agencies 

to consider the potential impact of 

regulations on small businesses, small 

governmental jurisdictions, and small 

organizations during the development of 

their rules. This final rule, however, 

makes changes for which notice and 

comment are not necessary. 

Accordingly, DHS is not required to 

prepare a regulatory flexibility analysis. 

5 U.S.C. 603, 604. 

D. Paperwork Reduction Act 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

E. Executive Order 13132 (Federalism) 

A rule has implications for federalism 

under Executive Order 13132, 

‘‘Federalism,’’ if it has a substantial 

direct effect on State or local 

governments and would either preempt 

State law or impose a substantial direct 

cost of compliance on them. We have 

analyzed this rule under that Order and 

have determined that it does not have 

implications for federalism. 

F. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538), requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Unfunded Mandates 

Reform Act addresses actions that may 

result in the expenditure by a State, 

local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. This final rule 

will not result in such an expenditure. 

G. Executive Order 13175 (Tribal 

Consultation) 

This rule does not have tribal 

implications under Executive Order 

13175, ‘‘Consultation and Coordination 

with Indian Tribal Governments,’’ 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

H. Executive Order 13211 (Energy 

Impact Analysis) 

We have analyzed this rule under 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use.’’ We have 

determined that it is not a ‘‘significant 

energy action’’ under that Order and is 

not likely to have a significant adverse 

effect on the supply, distribution, or use 

of energy. Therefore, it does not require 

a Statement of Energy Effects under 

Executive Order 13211. 

List of Subjects in 6 CFR Part 37 

Document security, driver’s licenses, 

identification cards, incorporation by 

reference, motor vehicle 

administrations, physical security. 

The Amendments 

■ For the reasons set forth above, the 

Department of Homeland Security 

amends 6 CFR part 37 as follows: 

TITLE 6—DOMESTIC SECURITY 

CHAPTER I—DEPARTMENT OF 

HOMELAND SECURITY, OFFICE OF THE 

SECRETARY 

PART 37—REAL ID DRIVER’S 

LICENSES AND IDENTIFICATION 

CARDS 

■ 1. The authority citation for part 105 

continues to read as follows: 

Authority: 49 U.S.C. 30301 note; 6 U.S.C. 

111, 112. 

§ 37.63 [Amended] 

■ 2. Amend § 37.63(b) by removing the 

date ‘‘October 11, 2009’’ and adding in 

its place the date ‘‘December 1, 2009’’. 

Janet Napolitano, 

Secretary. 

[FR Doc. E9–23381 Filed 9–25–09; 8:45 am] 

BILLING CODE 9110–9M–P 

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. 

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 


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49310 Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Rules and Regulations 

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. 

■ 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: 

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. 

■ 2. In § 354.2, the table is amended as 

follows: 

■ a. Under the District of Columbia, 

Florida, and Illinois, by adding, in 

alphabetical order, new entries to read 

as set forth below. 

■ 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. 

■ c. Under Minnesota, by removing the 

entry for Silver Bay. 

§ 354.2 Administrative instructions 

prescribing commuted traveltime. 

* * * * * 

COMMUTED TRAVELTIME ALLOWANCES

[In hours] 

Location covered Served from— 

Metropolitan area 

Within Outside 

* * * * * * * 

District of Columbia: 

* * * * * * * 

Washington, DC Metropolitan area (including Arlington and 

Alexandria, VA; Andrews AFB, MD; and Washington 

Navy Yard).

Baltimore, MD ...................................................................... 2 

Florida: 

* * * * * * * 

Panama City .......................................................................... Mobile, AL ............................................................................ 7 

* * * * * * * 

Illinois: 

* * * * * * * 

Undesignated ports ............................................................... ............................................................................................... 3 

* * * * * * * 


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Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Rules and Regulations 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 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 354 

[Docket No. APHIS–2009–0048] 

RIN 0579–AC99 

User Fees for Agricultural Quarantine 

and Inspection Services 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are amending the user fee 

regulations by adjusting the fees charged 

for certain agricultural quarantine and 

inspection (AQI) services that are 

provided in connection with certain 

commercial vessels, commercial trucks, 

commercial railroad cars, commercial 

aircraft, and international airline 

passengers arriving at ports in the 

customs territory of the United States. 

The recent downturn in the U.S. 

economy has negatively impacted travel 

volumes, and, as a result, our user fee 

collections, which fund these services, 

have diminished. Although the volume 

of international travel and trade has 

decreased, inspection and related 

support services continue to be 

provided at their existing levels, so 

expenses have not decreased. As a 

result, our user fee collections have not 

been sufficient to enable us to provide 

those services and maintain a 

reasonable reserve balance. We are 

therefore increasing our AQI user fees in 

order to provide adequate funds for 

these purposes. 

DATES: This interim rule is effective 

October 1, 2009. We will consider all 

comments that we receive on or before 

November 27, 2009. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/fdmspublic/ 

component/ 

main?main=DocketDetail&d=APHIS2009-0048 to submit or view comments 

and to view supporting and related 

materials available electronically. 

• Postal Mail/Commercial Delivery: 

Please send two copies of your comment 

to Docket No. APHIS–2009–0048, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A–03.8, 4700 

River Road Unit 118, Riverdale, MD 

20737–1238. Please state that your 

comment refers to Docket No. APHIS– 

2009–0048. 

Reading Room: You may read any 

comments that we receive on this 

docket in our reading room. The reading 

room is located in Room 1141 of the 

USDA South Building, 14th Street and 

Independence Avenue, SW., 

Washington, DC. Normal reading room 

hours are 8 a.m. to 4:30 p.m., Monday 

through Friday, except holidays. To be 

sure someone is there to help you, 

please call (202) 690–2817 before 

coming. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

http://www.aphis.usda.gov. 

FOR FURTHER INFORMATION CONTACT: For 

information concerning program 

operations, contact Mr. William E. 

Thomas, Director, Quarantine Policy, 

Analysis, and Support, PPQ, APHIS, 

4700 River Road Unit 131, Riverdale, 

MD 20737; (301) 734–5214. For 

information concerning rate 

development, contact Mrs. Kris Caraher, 

User Fee Section, Financial Services 

Branch, Financial Management 

Division, MRPBS, APHIS, 4700 River 

Road Unit 55, Riverdale, MD 20737– 

1232; (301) 734–0882. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 2509(a) of the Food, 

Agriculture, Conservation, and Trade 

Act of 1990 (21 U.S.C. 136a), referred to 

below as the FACT Act, authorizes the 

Animal and Plant Health Inspection 

Service (APHIS) to collect user fees for 

agricultural quarantine and inspection 

(AQI) services. The FACT Act was 

amended on April 4, 1996, and May 13, 

2002. 

The FACT Act, as amended, 

authorizes APHIS to collect user fees for 

AQI services provided in connection 

with the arrival, at a port in the customs 

territory of the United States, of: 

• Commercial vessels, 

• Commercial trucks, 

• Commercial railroad cars, 

• Commercial aircraft, and 

• International airline passengers. 

According to the FACT Act, as 

amended, these user fees should recover 

the costs of: 

• Providing the AQI services for the 

conveyances and the passengers listed 

above, 

• Providing preclearance or 

preinspection at a site outside the 

customs territory of the United States to 

international airline passengers, 

commercial vessels, commercial trucks, 

commercial railroad cars, and 

commercial aircraft, and 

• Administering the user fee program. 

Introduction 

In an interim rule published in the 

Federal Register on December 9, 2004 

(69 FR 71660–71683, Docket No. 04– 

042–1), and effective on January 1, 2005, 

we amended the user fee regulations in 

7 CFR part 354 by adjusting the fees 

charged for certain agricultural 

quarantine and inspection (AQI) 

services that are provided by the Animal 

and Plant Health Inspection Service 

(APHIS) and the Customs and Border 

Protection (CBP) Bureau of the 

Department of Homeland Security in 

connection with certain commercial 

vessels, commercial trucks, commercial 

railroad cars, commercial aircraft, and 

international airline passengers arriving 

at ports in the customs territory of the 

United States. Prior to the interim rule, 

user fees had not been adjusted since 

October 1, 2001. Due to the attacks of 

September 11, 2001, and the resulting 

increased security concerns, the Federal 

Government began to inspect a greater 

volume and variety of cargo entering the 

United States than it had before. In 

addition, the attacks of September 11 

resulted in a reduction in airline travel, 

which lowered fee revenues. We 

determined that the fee adjustments 

contained in the December 2004 interim 

rule were needed to recover the costs of 

this increased inspection activity and to 

account for routine inflationary 

increases in the cost of doing business. 

The adjusted AQI user fees contained in 

that interim rule covered fiscal years 

(FYs) 2005 through 2010. A final rule 

affirming the interim rule without 

change was published in the Federal 

Register on August 24, 2006 (71 FR 

49984–49986, Docket No. 04–042–2). 

However, the effects of the recent and 

unanticipated downturn in the U.S. 

economy have been felt by all 

Americans, both personally and in their 

business concerns. These recent events 

have negatively impacted travel 

volumes and funds in the AQI user fee 

account. Due to the decrease in travel, 

we are collecting less in user fees while 

still maintaining the necessary 

enhanced level of inspection and related 

support services that we have since 

September 11, 2001. Although the 

volume of international travel and trade 

has decreased, inspection and related 

support services continue to be 

provided at their existing levels, 

expenses have not decreased. Moreover, 

while we have limited new hiring to 


CPrice-Sewell on DSKGBLS3C1PROD with RULES