[Federal Register Volume 63, Number 103 (Friday, May 29, 1998)]
[Rules and Regulations]
[Pages 29342-29344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14259]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 97

[Docket No. 98-051-1]


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 Veterinary Services for travel from Champlain, 
NY, to Highgate, VT. Commuted traveltime allowances are the periods of 
time required for Veterinary Services 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 Veterinary Services 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 29, 1998.

FOR FURTHER INFORMATION CONTACT: Ms. Louise Rakestraw Lothery, 
Director, Resource Management Support, VS, APHIS, 4700 River Road Unit 
44, Riverdale, MD 20737, (301) 734-7517.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR, chapter I, subchapter D, and 7 CFR, 
chapter III, require inspection, laboratory testing, certification, or 
quarantine of certain animals, animal products, 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 Veterinary Services (VS) on a Sunday or holiday, or at any 
other time outside the VS employee's regular duty hours, the Government 
charges a fee for the services in accordance with 9 CFR part 97. Under 
circumstances described in 97.1(a), this fee may include the cost of 
commuted traveltime. Section 97.2 contains administrative instructions 
prescribing commuted traveltime allowances, which reflect, as nearly as 
practicable, the periods of time required for VS employees to travel 
from their dispatch points and return there from the places

[[Page 29343]]

where they perform Sunday, holiday, or other overtime duty.
    We are amending 97.2 of the regulations by adding and removing 
commuted traveltime allowances for travel between locations in New York 
and Vermont. 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 VS 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 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 9 CFR Part 97

    Exports, Government employees, Imports, Livestock, Poultry and 
poultry products, Travel and transportation expenses.

    Accordingly, 9 CFR part 97 is amended as follows:

PART 97--OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS

    1. The authority citation for part 97 continues to read as follows:

    Authority: 7 U.S.C. 2260; 49 U.S.C. 1741; 7 CFR 2.22, 2.80, and 
371.2(d).

    2. Section 97.2 is amended by removing or adding in the table, in 
alphabetical order, the following entries to read as follows:


Sec. 97.2  Administrative instructions prescribing commuted traveltime.

* * * * *

                                         Commuted Traveltime Allowances                                         
                                                   [In hours]                                                   
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                                                                                            Metropolitan area   
               Location covered                               Served from              -------------------------
                                                                                           Within      Outside  
----------------------------------------------------------------------------------------------------------------
[Remove]                                                                                                        
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
New York                                                                                                        
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
    Champlain.................................  Highgate, VT..........................            2  ...........
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
[Add]                                                                                                           
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
New York                                                                                                        
                                                                                                                
                                                                                                                
    Champlain.................................  Highgate Springs, VT..................  ...........            2
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
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[[Page 29344]]

    Done in Washington, DC, this 22nd day of May 1998.
Charles P. Schwalbe,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-14259 Filed 5-28-98; 8:45 am]
BILLING CODE 3410-34-P