This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

11897

Vol. 60, No. 42

Friday, March 3, 1995

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

§ 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 § 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:
11898 Federal Register / Vol. 60, No. 42 / Friday, March 3, 1995 / Rules and Regulations

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:

§ 354.2 Administrative instructions

prescribing commuted traveltime.

* * * * *

COMMUTED TRAVELTIME ALLOWANCES

[In hours]

Location coveredServed

from

Metropolitan

area

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

marine terminal and

airport).

................... 2 ........

Wilmington

(including

marine terminal and

airport).

Carlisle, PA .......... 6

Wilmington

(including

marine terminal and

airport).

Chestertown, MD........... 4

Wilmington

(including

marine terminal and

airport).

Dallas, PA .......... 6

Wilmington

(including

marine terminal and

airport).

Dover ........ .......... 4

Wilmington

(including

marine terminal and

airport).

Gap, PA .... .......... 4

* * * * *

[Add]

COMMUTED TRAVELTIME ALLOWANCES

[In hours]

Location coveredServed

from

Metropolitan

area

Within Outside

* * * * *

Delaware:

* * * * *

Dover ............ ................... 1 ........

Dover ............ Wilmington .......... 31⁄2

* * * * *

Wilmington

(including

NCCA,

Delaware

City, and

Claymont).

................... 2 ........

Wilmington

(including

NCCA,

Delaware

City, and

Claymont).

Dover ........ .......... 3

* * * * *

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]

BILLING CODE 3410–34–P

9 CFR Part 77

[Docket No. 94–053–3]

Tuberculosis in Cattle and Bison; State

Designation

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Affirmation of interim rule as

final rule.

SUMMARY: We are adopting as a final

rule, without change, an interim rule

that amended the tuberculosis

regulations concerning the interstate

movement of cattle and bison by

reducing the designation of Virginia

from an accredited-free (suspended)

State to a modified accredited State. We

have determined that Virginia no longer

meets the criteria for designation as an

accredited-free (suspended) State but

meets the criteria for designation as a

modified accredited State. This change

was necessary to prevent the spread of

tuberculosis in cattle and bison.

EFFECTIVE DATE: April 3, 1995.

FOR FURTHER INFORMATION CONTACT: Dr.

Mitchell A. Essey, Senior Staff

Veterinarian, Animal and Plant Health

Inspection Service, Veterinary Services,

Cattle Diseases and Surveillance, 4700

River Road Unit 36, Riverdale, MD

20737–1231; (301) 734–8715.

SUPPLEMENTARY INFORMATION:

Background

In an interim rule effective and

published in the Federal Register on

November 29, 1994 (59 FR 60885–

60886, Docket No. 94–053–2), we

amended the tuberculosis regulations in

9 CFR part 77 by removing Virginia

from the list of accredited-free

(suspended) States in § 77.1 and adding

it to the list of modified accredited

States in that section.

Comments on the interim rule were

required to be received on or before

January 30, 1995. We did not receive

any comments. The facts presented in

the interim rule still provide a basis for

the rule.

The action also affirms the

information contained in the interim

rule concerning Executive Order 12866

and the Regulatory Flexibility Act,

Executive Orders 12372 and 12778, and

the Paperwork Reduction Act.

Further, for this action, the Office of

Management and Budget has waived the

review process required by Executive

Order 12866.

List of Subjects in 9 CFR Part 77

Animal diseases, Bison, Cattle,

Reporting and recordkeeping

requirements, Transportation,

Tuberculosis.

PART 77—TUBERCULOSIS

Accordingly, we are adopting as a

final rule, without change, the interim

rule that amended 9 CFR 77.1 and that

was published at 59 FR 60885–60886 on

November 29, 1994.

Authority: 21 U.S.C. 111, 114, 114a, 115–

117, 120, 121, 134b, and 134f; 7 CFR 2.17,

2.51, and 371.2(d).

Done in Washington, DC, this 27th day of

February 1995.

Terry L. Medley,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–5287 Filed 3–2–95; 8:45 am]

BILLING CODE 3410–34–P