[Federal Register Volume 60, Number 42 (Friday, March 3, 1995)]
[Rules and Regulations]
[Pages 11897-11898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5284]



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Rules and Regulations
                                                Federal Register
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Federal Register / Vol. 60, No. 42 / Friday, March 3, 1995 / Rules 
and Regulations
[[Page 11897]]

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 354

[Docket No. 94-138-1]


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 for Plant Protection and Quarantine by removing 
and adding commuted traveltime allowances for travel between various 
locations in Delaware, Maryland, and Pennsylvania. 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 between these locations.

EFFECTIVE DATE: March 3, 1995.

FOR FURTHER INFORMATION CONTACT: Mr. Paul R. Eggert, Assistant to the 
Deputy Administrator for PPQ, Animal and Plant Health Inspection 
Service, Plant Protection and Quarantine, Resource Management Support, 
4700 River Road Unit 130, Riverdale, MD 20737-1236; (301) 734-7764.

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 
byproducts, 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 removing and 
adding commuted traveltime allowances for travel between various 
locations in Delaware, Maryland, and Pennsylvania. 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 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 12778

    This final rule has been reviewed under Executive Order 12778, 
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 1980 (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.

    Accordingly, 7 CFR part 354 is amended as follows: [[Page 11898]] 

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. 2260; 21 U.S.C. 136 and 136a; 49 U.S.C. 
1741; 7 CFR 2.17, 2.51, and 371.2(c).

    2. Section 354.2 is amended by removing and adding in the table, in 
alphabetical order, the information as shown below:


Sec. 354.2  Administrative instructions prescribing commuted 
traveltime.

* * * * *

                     Commuted Traveltime Allowances                     
                               [In hours]                               
------------------------------------------------------------------------
                                                           Metropolitan 
                                                               area     
      Location covered               Served from        ----------------
                                                         Within  Outside
------------------------------------------------------------------------
          [Remove]                                                      
                                                                        
                  *        *        *        *        *                 
Delaware:                                                               
  Claymont.................  Dover.....................  ......       4 
  Claymont.................  Wilmington................  ......       2 
  Delaware City............  Wilmington................  ......       2 
  Delaware City............  Dover.....................  ......       3 
  Dover....................  ..........................       2  .......
  Slaughter Beach..........  Dover.....................  ......       2 
  Wilmington (including      ..........................       2  .......
   marine terminal and                                                  
   airport).                                                            
  Wilmington (including      Carlisle, PA..............  ......       6 
   marine terminal and                                                  
   airport).                                                            
  Wilmington (including      Chestertown, MD...........  ......       4 
   marine terminal and                                                  
   airport).                                                            
  Wilmington (including      Dallas, PA................  ......       6 
   marine terminal and                                                  
   airport).                                                            
  Wilmington (including      Dover.....................  ......       4 
   marine terminal and                                                  
   airport).                                                            
  Wilmington (including      Gap, PA...................  ......       4 
   marine terminal and                                                  
   airport).                                                            
                                                                        
                  *        *        *        *        *                 
           [Add]                                                        
------------------------------------------------------------------------


                     Commuted Traveltime Allowances                     
                               [In hours]                               
------------------------------------------------------------------------
                                                           Metropolitan 
                                                               area     
      Location covered               Served from        ----------------
                                                         Within  Outside
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
Delaware:                                                               
                                                                        
                  *        *        *        *        *                 
  Dover....................  ..........................       1  .......
  Dover....................  Wilmington................  ......  3\1/2\ 
                                                                        
                  *        *        *        *        *                 
  Wilmington (including      ..........................       2  .......
   NCCA, Delaware City, and                                             
   Claymont).                                                           
  Wilmington (including      Dover.....................  ......       3 
   NCCA, Delaware City, and                                             
   Claymont).                                                           
                                                                        
                  *        *        *        *        *                 
------------------------------------------------------------------------

    Done in Washington, DC, this 27th day of February 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-5284 Filed 3-2-95; 8:45 am]
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